After rule 59 of the Principal Rules , the following rule is inserted in Division 4:

59A.     Approved ports of landing for catch-cap and other areas

(1)  The Minister, by public notice, may declare one or more ports of landing to be approved ports of landing for –

(a) a catch-cap area specified or described in the public notice; or

(b) an area of State waters, lying outside a catch-cap area, specified or described in the public notice.

(2)  If, pursuant to subrule (1)(a) , there are approved ports of landing for a catch-cap area, the holder of a fishing licence (rock lobster) who takes rock lobster in that catch-cap area must not unload those rock lobster anywhere other than at a port of landing so approved.

Penalty:  Grade 3 penalty.

(3)  If, pursuant to subrule (1)(b) , there are approved ports of landing for an area of State waters lying outside a catch-cap area, the holder of a fishing licence (rock lobster) who takes rock lobster in that area of State waters must not unload those rock lobster anywhere other than at a port of landing so approved.

Penalty:  Grade 3 penalty.

(4)  The holder of the fishing licence (rock lobster) is not guilty of an offence under subrule (2) or (3) in respect of any rock lobster if –

(a) the licence is endorsed with alternative unloading conditions and the rock lobster are unloaded in accordance with those conditions; or

(b) the rock lobster have to be unloaded away from a relevant approved port of landing in an emergency because of a threat to the safety of the fishing vessel or its crew and the licensee has the approval of a fisheries officer to unload the rock lobster at another port in Tasmania.