{"id":"tas:sr-2009-038","name":"Inland Fisheries (Declared Freshwater Fish) Order 2009","slug":"inland-fisheries-declared-freshwater-fish-order-2009","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"38 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315285,"registerId":"tas-tas:sr-2009-038-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Inland Fisheries (Declared Freshwater Fish) Order 2009](/view/html/inforce/2026-04-12/sr-2009-038) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which its making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Declared freshwater fish","content":"### 3 Declared freshwater fish\n\n> The following kinds or species of freshwater fish are declared not to be freshwater fish for the purposes of the [Inland Fisheries Act 1995](/view/html/inforce/2026-04-12/act-1995-110) during any time they are in, or after they have been taken from, State waters:\n> \n> > > (a) Atlantic salmon (*Salmo salar*);\n> > \n> > > (b) Brook trout (*Salvelinus fontinalis*);\n> > \n> > > (c) Rainbow trout (*Oncorhynchus mykiss*).\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 10 June 2009\n\nThis order is administered in the Department of Primary Industries and Water.","sortOrder":2}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This order performs exactly the narrow, technical function it was designed for: exempting specific introduced fish species from the definition of 'freshwater fish' in the parent Act. There is no evidence of scope creep — the order remains tightly focused on its original purpose of facilitating salmonid aquaculture and recreational trout fishing."},"complexity_factors":["Extremely short — only 3 operative sections","Zero defined terms in the order itself (relies entirely on definitions in the parent Act)","No cross-references beyond citation of the parent Act","Simple, unqualified declaration with straightforward temporal and spatial conditions","No exceptions, nested or otherwise","Single operative provision with a simple list structure"],"plain_english_summary":"This is a short legal order that changes how three specific types of fish are treated under Tasmania's Inland Fisheries Act 1995.\n\n**What it does:**\nNormally, the Inland Fisheries Act regulates \"freshwater fish\" in Tasmania's inland waters. This order **removes three introduced (non-native) fish species from that definition** — but only in specific circumstances.\n\n**The three fish affected:**\n- **Atlantic salmon** — the salmon commonly farmed in Tasmania\n- **Brook trout** — a North American trout species\n- **Rainbow trout** — another introduced trout species\n\n**When it applies:**\nThe exemption applies when these fish are:\n- In State waters (rivers, lakes, etc.), **or**\n- After they've been caught from those waters\n\n**Why it matters:**\nThis creates a legal loophole that benefits Tasmania's salmon aquaculture industry. By declaring these fish \"not freshwater fish\" for legal purposes, they escape the regulatory framework that normally governs freshwater fishing and fish management. This allows salmon farming operations (particularly sea-based farms that might interact with state waters) and recreational trout fishing to operate under different rules than native freshwater species.\n\n**Who it affects:**\n- Commercial salmon farmers (who can operate with fewer restrictions)\n- Recreational anglers fishing for trout\n- Environmental regulators (who lose oversight tools for these species)\n- Native fish conservation efforts (which don't get the same protection applied to these introduced species)"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument narrows the Inland Fisheries Act 1995’s regulatory scope by excluding three specified species from the Act’s definition of 'freshwater fish' when they are in, or after being taken from, State waters (s3). The practical reach of the Act therefore no longer applies to those fish in the circumstances stated, shifting regulatory treatment away from the Act for those instances."},"complexity_factors":["Very narrow scope: only three species are affected (s3).","Precise taxonomic identification reduces ambiguity (scientific names provided) (s3).","Legal effect hinges on interaction with the Inland Fisheries Act 1995’s definitions and provisions (s3).","Temporal trigger restricted to when the fish are in, or after being taken from, State waters — creates a clear but context‑dependent rule (s3).","Simple commencement mechanism via Gazette notice reduces procedural complexity (s2).","Operational implementation relies on enforcement agencies and compliance by fishers to recognise species — potential practical identification and enforcement questions."],"plain_english_summary":"This order changes the legal classification of three fish species: Atlantic salmon (Salmo salar), brook trout (Salvelinus fontinalis) and rainbow trout (Oncorhynchus mykiss) are declared not to be ‘freshwater fish’ for the purposes of the Inland Fisheries Act 1995 while in, or after being taken from, State waters (s3). Mechanically, that removes those species from the Act’s freshwater‑fish rules, so fishers, handlers and enforcement agencies must treat them under whatever other laws apply; the order commences on Gazette notification (s2)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the Order appears to have remained unchanged since its commencement on 10 June 2009. The Table of Amendments exists but no substantive changes are evident from the metadata, suggesting the scope has stayed consistent with its original intent of declaring a defined list of freshwater fish species for regulatory purposes."},"complexity_factors":["Very short instrument — functions primarily as a declaratory list rather than containing detailed regulatory obligations","Operates by reference to a parent Act (Inland Fisheries Act 1995), so its full legal effect requires reading both documents together","Limited text available for analysis — the full list of declared species is not reproduced in the provided extract, which slightly obscures its complete scope","Subordinate legislation structure adds a minor layer of complexity for non-lawyers unfamiliar with how Orders and Regulations relate to Acts"],"plain_english_summary":"The Order lists specific species as \"declared freshwater fish\" under Tasmania’s Inland Fisheries Act 1995, bringing those species within licensing, catch, size and seasonal rules and other protections. \n\nIt affects recreational and commercial freshwater fishers, landowners with waterways and aquaculture operators — effectively determining which freshwater species are regulated and subject to legal controls in Tasmania."}},"importantCases":[],"_links":{"self":"/api/acts/inland-fisheries-declared-freshwater-fish-order-2009","history":"/api/acts/inland-fisheries-declared-freshwater-fish-order-2009/history","analysis":"/api/acts/inland-fisheries-declared-freshwater-fish-order-2009/analysis","conflicts":"/api/acts/inland-fisheries-declared-freshwater-fish-order-2009/conflicts","importantCases":"/api/acts/inland-fisheries-declared-freshwater-fish-order-2009/important-cases","documents":"/api/acts/inland-fisheries-declared-freshwater-fish-order-2009/documents"}}