Fisheries (Abalone) Regulations 1999 (Vic)
Fisheries (Abalone) Regulations 1999
S.R. No. 109/1999
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1 2. Authorising provision 1 3. Principal Regulations 1 4. New definition 2 5. Amendment to regulation 323 2 6. Amendment to regulation 501 2 7. Amendments to regulation 503(1) 2 8. Possession limits on abalone 4 9. New regulation 506A inserted 5
506A. Secretary may authorise person to take or possess fish
during closed season 5
10. Prohibition on use of certain instruments to take abalone 5 11. Offence not to carry instrument to measure abalone 5
522A. Offence not to carry instrument to measure abalone 5
12. Amendment to regulation 524 6 13. Regulations 538, 539, 540 and 541 inserted 6
538. Offence not to cut abalone in half 6 539. Secretary may exempt a person from regulation 538 7 540. Offence to take abalone between sunset and sunrise 7 541. Secretary may exempt a person from regulation 540 7
14. Amendment to regulation 629 7 15. Amendment to regulation 634 8
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NOTES 9
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STATUTORY RULES 1999
S.R. No. 109/1999
Fisheries Act 1995
Fisheries (Abalone) Regulations 1999
The Lieutenant-Governor as the Governor's Deputy with the
advice of the Executive Council makes the following
Regulations:
Dated: 24 August 1999Responsible Minister:
PATRICK McNAMARA
Minister for Agriculture and Resources
STACEY ROBERTSON
Acting Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are—
(a)
to place additional controls on the recreational fishing of abalone;
(b)
to make minor amendments to the Fisheries Regulations 1998.
2. Authorising provision
These Regulations are made under section 153 of the Fisheries Act 1995.
3. Principal Regulations
In these Regulations, the Fisheries Regulations
19981 are called the Principal Regulations.Fisheries (Abalone) Regulations 1999
| r. 4 | S.R. No. 109/1999 |
4. New definition
In regulation 105(1) of the Principal Regulations
after the definition of "abalone docket book"
insert—' "abalone tool" means a blunt lever with
rounded ends and does not include a
screwdriver or a knife;'.
5. Amendment to regulation 323
(1) In regulation 323(2)(e) of the Principal
Regulations omit sub-paragraph (ii).
(2) For regulation 323(3)(e) of the Principal
Regulations substitute—
"(e) must not use or possess a seine net—
(i) exceeding 366 metres in length; or
(ii) that has more than 300 metres in length of rope attached to either end of the net; and".
6. Amendment to regulation 501
In the Table in regulation 501(1) of the Principal
Regulations—
(a)
omit the item relating to "Abalone, greenlip"; and
(b)
after the item relating to "Grass whiting (Stranger)" insert—
"Greenlip abalone 13".
7. Amendments to regulation 503(1)
(1) In regulation 503(1) of the Principal Regulations after "possession limit" insert "(if any)".
(2) For the Table in regulation 503(1) of the Principal
Regulations substitute—
Fisheries (Abalone) Regulations 1999
S.R. No. 109/1999 r. 7 "Table
Column 1 Column 2 Column 3 Bag limit (number of fish unless Fish otherwise specified) Possession limit Abalone 10 (of which no 10 (of which no
more than 2 fish more than 2 fish may be greenlip may be greenlip abalone) abalone)
Bream (all 10 (of which no 10 (of which no species) more than 2 fish more than 2 fish may be equal to may be equal to or exceed or exceed 36 centimetres 36 centimetres in length) in length) Chinook salmon 5 5 Crabs 50 50 Eel 10 10 Elephant fish 3 3 Greenlip abalone 2 2 King George whiting 20 20 Macquarie perch 10 10 Murray Cod 2 2 Pipis 5 litres (or, if 5 litres (or, if
shucked, 1 litre) shucked, 1 litre)
Rock
lobster 2 4 Scallop 100 100 Column 1 Column 2 Column 3
Fisheries (Abalone) Regulations 1999
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Bag limit (number
of fish unless
Fish otherwise specified) Possession limit Shark (School and gummy) 2 2 Snapper (less than 40 centi- metres in length)
10
10
Snapper (40 centi- metres or more in
length) 5 5 Squid (all species) 10 10 Yabby 20 litres (or, if 20 litres (or, if
tailed, 5 litres) tailed, 5 litres)".
8. Possession limits on abalone
For regulation 503(6) of the Principal Regulations
substitute—"(6) Despite sub-regulations (1) and (2), persons
in—
(a) a car or other vehicle; or
(b) a boat—
carrying 5 or more persons, must not possess
more than a total of 50 abalone in or on the
car, other vehicle or boat that have beentaken from Victorian waters on any one day.
(7) Each person in breach of sub-regulation (6)
is guilty of an offence under section
68A(5)(b) of the Act.
(8) Sub-regulation (6) does not apply to—
Fisheries (Abalone) Regulations 1999
S.R. No. 109/1999 r. 9
(a)
the holder of an Abalone Fishery Access Licence acting in accordance with that licence or a person acting under that licence; or
(b)
a person acting in accordance with an authority of the Secretary under regulation 505; or
(c)
a person who obtains abalone from the holder of a Fish Receivers' (Abalone) Licence".
9. New regulation 506A inserted
After regulation 506 of the Principal Regulations insert—
"506A. Secretary may authorise person to take or
possess fish during closed season
The Secretary may, in writing, authorise a person to take or possess fish of the kind specified in column 1 of the Table in regulation 506(1) during the closed season.".
10. Prohibition on use of certain instruments to take abalone
After regulation 507(1)(s) of the Principal
Regulations insert—
"; and
(t) any equipment other than an abalone tool to take abalone.".
11. Offence not to carry instrument to measure abalone After regulation 522 of the Principal Regulations insert—
"522A. Offence not to carry instrument to measure
abalone
Fisheries (Abalone) Regulations 1999
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(1) A person, when taking abalone, must carry
an instrument to measure abalone.
Penalty: 20 penalty units.
(2) Sub-regulation (1) does not apply to the
holder of an Abalone Fishery Access licence or any person acting under that licence.".
12. Amendment to regulation 524
In regulation 524(2) of the Principal Regulations omit "or abalone".
13. Regulations 538, 539, 540 and 541 inserted
After regulation 537 of the Principal Regulations insert—
"538. Offence not to cut abalone in half
(1) A person who takes abalone must, within
20 metres of the place of landing or as near
as practicable to the place of landing, cut the
meat of each abalone in half vertically to the
shell along a line that may be drawn
connecting the 2 points on the circumference
of the meat that are the furthest apart.Penalty: 20 penalty units.
(2) A person who takes abalone must retain in
its shell the meat that has been cut in
accordance with sub-regulation (1) until
before cooking or until that abalone has been
taken to the person's ordinary place of
residence.
Penalty: 20 penalty units.
Fisheries (Abalone) Regulations 1999
S.R. No. 109/1999 r. 14 (3) Sub-regulations (1) and (2) do not apply to—
(a) the holder of an Abalone Fishery Access Licence acting in accordance with that licence or any person acting under that licence; or (b) a person acting in accordance with an exemption granted by the Secretary under regulation 539. 539. Secretary may exempt a person from regulation 538
The Secretary may, in writing, exempt a
person from the requirements of regulation
538.540. Offence to take abalone between sunset and sunrise
(1) A person must not in, on or next to Victorian
waters take abalone between sunset on any
day and sunrise on the following day.
Penalty: 20 penalty units.
(2) Sub-regulation (1) does not apply to a person
acting in accordance with an exemption
granted by the Secretary under regulation
541.
541. Secretary may exempt a person from regulation 540
The Secretary may, in writing, exempt a
person from the requirements of regulation
540.".
14. Amendment to regulation 629
After regulation 629(2)(ii) of the Principal
Regulations insert—Fisheries (Abalone) Regulations 1999
| r. 15 | S.R. No. 109/1999 |
"; or
(iii) an Aquaculture (Crown Land) Licence or an Aquaculture (Private Land) Licence acting in accordance with these Regulations.".
15. Amendment to regulation 634
In regulation 634 of the Principal Regulations, after paragraph (f) insert—
"; or (g) receives abalone from the holder of —
(i) an Aquaculture (Crown Land) Licence; or
(ii) an Aquaculture (Private Land)
Licence—whose licence authorises the culture of
abalone.".
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Fisheries (Abalone) Regulations 1999
S.R. No. 109/1999 Notes
NOTES
1 Reg. 3: S.R. No. 23/1998. Subsequently amended by S.R. Nos 1/1999,
9/1999, 25/1999 and 90/1999.
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