Fisheries (Amendment) Regulations 2003 (Vic)

Fisheries (Amendment) Regulations 2003

ts	S.R. No. 133/2003
n
e
m	TABLE OF PROVISIONS

u	Regulation	Page
c

o	1.	Objective	1
D	2.	Authorising provision	2
ry	3.	Commencement	2
4.	Amendments to definitions	2
ta	5.	Definitions of fisheries	4
6.	Classes of access licence	4
n	7.	Entitlements of Eel Fishery Access Licence	5
e	8.	Entitlements of Giant Crab Fishery Access Licence	5
m	9.	Revocation of Inland Fishery Access Licence	6
ia	10.	Restriction on use of drum as equipment by Ocean Fishery
rl	Access Licence Holder	6
11.	Entitlements of Rock Lobster Fishery Access Licence	6
a	12.	Insertion of regulation 220A	6
P	220A.	Rock lobster pot entitlements	6

d	13.	Entitlements of Western Port/Port Phillip Bay Fishery Access
Licence 7
n	14.	Consequential amendments 7
a	15.	Maximum number of licences and licence reductions 7
n	16.	Conditions of Abalone Fishery Access Licence 7
o	17.	Amendment to conditions of Eel Fishery Access Licences 8
ti	18.	Amendments to conditions of a Giant Crab Fishery Access
la	Licence 9
19.	Conditions of Gippsland Lakes Fishery Access Licences 13
is	20.	Revocation of Inland Fishery Access Licence conditions 13
g	21.	Amendments to conditions of a Rock Lobster Fishery Access
e	Licence 13
L	22.	Amendment to conditions of Trawl (Inshore) Fishery Access
Licences 17
n	23.	Conditions of a Western Port/Port Phillip Bay Fishery Access
a
ri	Licence 18
24.	Requirement to mark abalone packaging 18
to
ic
V

i

Regulation Page

27.      Offence to possess or land rock lobster unless the tail and

carapace are attached 19

519A. Offence to possess or land rock lobster unless the tail

ts and carapace are attached 19

28. Access licence holder must mark equipment 20

n	29.	Specifications for certain fishing equipment	20
e	30.	Revocation of temporary provisions	20
m	31.	Substitution of regulation 711	20

u	711.	Transitional provisions for Eel Fishery Access
c	Licences Type A 20

o 32. Substitution of regulation 712 21

712. Expiry of regulations 21

D 33. Revocation of transitional provision 21

ry ═══════════════

ENDNOTES 22

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STATUTORY RULES 2003

ts	S.R. No. 133/2003
n
e	Fisheries Act 1995
m
u	Fisheries (Amendment) Regulations 2003
c
o	The Governor in Council makes the following Regulations:
D
ry	Dated: 11 November 2003
ta	Responsible Minister:
n	BOB CAMERON
e	Minister for Agriculture
m
ia	SUDHA KASYNATHAN
rl	Acting Clerk of the Executive Council
a	1. Objective
P

The objective of these Regulations is to amend the

d 1

n Fisheries Regulations 1998 —

a	(a) to amend the conditions of Abalone Fishery
n	Access Licences; and
o

ti	(b)	to amend conditions of Fish Receivers'
la	(Abalone) Licences; and
is	(c)	to amend the conditions of Eel Fishery
g	Access Licences; and

e	(d) to amend the entitlements and conditions of
L	Giant Crab Fishery Access Licences; and
n
a	(e) to amend the entitlements and conditions of
ri	Rock Lobster Fishery Access Licences; and
to	(f) to amend the conditions of Trawl (Inshore)
ic	Fishery Access Licences in relation to bugs
V	and sharks; and

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(g) to amend the conditions of Western Port/Port Phillip Bay Fishery Access Licences; and

ts	(h)	to amend the conditions of Gippsland Lakes
n	Fishery Access Licences; and

e	(i) to revoke the regulations relating to the
m	Inland Fishery Access Licence; and
u
c	(j) to amend and introduce minimum sizes of
o	certain species and the methods of
D	measurement; and

ry	(k)	to make various consequential and other
ta	amendments.

n	2. Authorising provision
e	These Regulations are made under section 153 of
m	the Fisheries Act 1995.
ia
rl	3. Commencement
a	These Regulations come into operation on
P	14 November 2003.
d	4. Amendments to definitions
n
a	(1) In regulation 105(2) of the Fisheries Regulations
n	1998 insert the following definition—
o
ti	' "landed" means the place where fish—
la	(a) are taken ashore; or
is	(b) make contact with any man-made fixed
g	structure, including a pier, jetty, or
e	wharf; or
L	(c) make contact with any artificial
n	extension of land;'.
a
ri
to
ic
V

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(2) In regulation 105(2) of the Fisheries Regulations

1998—

ts	(a) in the definition of "fyke net"—
n	(i) in paragraph (d) omit ", having a drop
e	of no more than 67 centimetres"; and
m	(ii) after paragraph (d) insert—
u
c	"and
o
D	(e) the frame at the mouth of the net not exceeding 67 centimetres in
ry	height;";
ta	(b) the definition of "giant crab pot" is revoked;
n
e	(c) for the definition of "place of landing"
m	substitute—
ia	' "place of landing" means—
rl	(a) for the purposes of giant crab and
a	rock lobster fishing, the place
P	nearest to which the rock lobster
d	or giant crab is landed where the
n	licence holder can reasonably
a	comply with the licence
n	conditions; and
o
ti	(b) for the purpose of abalone fishing,
la	a place (other than a boat) that
is	is—
g	(i) listed in Schedule 19 and is
e	adjacent to Victorian waters
L	where abalone is unloaded or
n	disembarked; or
a
ri	(ii) authorised by the Secretary;';

to	(d)	in the definition of "rock lobster pot", after
ic	"taking of rock lobster" insert "or giant
V	crab";

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(e) in the definition of "specified details"—

(i) in paragraph (f), after "a coff" insert

ts	", wetwell or other holding tank";
n	(ii) after paragraph (h) insert—
e

"(ha) in respect of the prior reporting of

m

u	landing giant crab from a wetwell
c	or other holding tank by the holder
o	of a Giant Crab Fishery Access
D	Licence, the following details—

ry	(i)	the number allocated by the
ta	Secretary to identify the
licence;
n
e	(ii)	the number of giant crab to
m	be landed;

ia	(iii) the estimated time at which
rl	the giant crab will be landed;
a	(iv) the port or mooring area at
P

which the giant crab will be

d	landed;".
n
a	5. Definitions of fisheries
n	In regulation 107 of the Fisheries Regulations
o
ti	1998, in the Table—

la	(a)	in the item relating to the Giant Crab fishery,
is	for "Giant crab pots" substitute "Rock
g	lobster pots";

e	(b) omit the item relating to the Inland fishery.
L

6. Classes of access licence

n

a	In regulation 201(1) of the Fisheries Regulations
ri	1998—
to	(a) in paragraph (e) omit "Type A";
ic	(b) paragraph (i) is revoked.
V

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7. Entitlements of Eel Fishery Access Licence

In the Fisheries Regulations 1998—

ts	(a) insert the following heading in regulation
n	208—
e
"Entitlements of Eel Fishery Access
m
u	Licence";
c	(b) in regulation 208 omit "Type A".
o
D	8. Entitlements of Giant Crab Fishery Access Licence
ry	(1) In regulation 209A of the Fisheries Regulations
ta	1998—

(a) in paragraph (a), for "giant crab" substitute

n

e	"rock lobster";
m	(b) in paragraph (c), for "licence—" substitute
ia	"licence; and";
rl	(c) after paragraph (c) insert—
a
P	"(d) to use the rock lobster pots specified in
d	the Rock Lobster Fishery Access
n	Licence that is specified in the
a	licence—".
n	(2) At the end of regulation 209A of the Fisheries
o
ti	Regulations 1998 insert—
la	"(2) In addition to the entitlements in sub-
is	regulation (1)(d), a licence holder who holds
60 or more quota units in the giant crab
g
e	fishery may use a number of additional rock
L	lobster pots determined by the Secretary and specified in the licence for the purpose of
n	catching giant crab.
a
ri	(3) The Secretary may determine the additional
to	number of rock lobster pots for the purposes
ic	of sub-regulation (2) and in making that determination, the Secretary is bound by any
V	relevant fisheries management plan.".

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9. Revocation of Inland Fishery Access Licence

Regulation 213 of the Fisheries Regulations 1998

ts	is revoked.
n	10. Restriction on use of drum as equipment by Ocean
e	Fishery Access Licence Holder
m	(1) In regulation 216(b) of the Fisheries Regulations
u
c	1998, after "trawl net," insert "mechanically
o	powered drum with line and squid jigs attached,".
D	(2) At the end of regulation 216 of the Fisheries
ry	Regulations 1998 insert—
ta	"(2) Despite sub-regulation (1)(b), an Ocean
n	Fishery Access Licence authorises the
e	licence holder to use a drum with line and
m	squid jigs attached whilst operating from a
ia	vessel that is also nominated on a
rl	Commonwealth Southern Squid Fishery
a	Permit.".

P	11.	Entitlements of Rock Lobster Fishery Access
d	Licence
n

a	For regulation 220(a) of the Fisheries Regulations 1998 substitute—
n
o	"(a) use the number of rock lobster pots specified
ti	in the licence; and".
la	12. Insertion of regulation 220A
is
g	After regulation 220 of the Fisheries Regulations
e	1998 insert—
L	"220A. Rock lobster pot entitlements
n	(1) For the purposes of regulation 220(a), the
a
ri	Secretary must specify—

to	(a)	a minimum of 20 rock lobster pots on a
ic	licence to operate in the western rock
V	lobster zone; or

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(b) a minimum of 15 rock lobster pots on a licence to operate in the eastern rock

ts	lobster zone.
n	(2) Despite sub-regulation (1), the Secretary
e	may specify fewer rock lobster pots than the
m	minimum required by sub-regulation (1) if
u	the licence holder does not operate in the
c	rock lobster fishery.".
o	13. Entitlements of Western Port/Port Phillip Bay
D	Fishery Access Licence
ry	In regulation 225(a)(ii) of the Fisheries
ta	Regulations 1998, after "mesh net," insert
n	"flounder net,".
e	14. Consequential amendments
m
ia	In regulations 232(c), 233(k), 234(b) and 235(b)
rl	of the Fisheries Regulations 1998 omit "Type A".
a	15. Maximum number of licences and licence reductions
P

In the Table in regulation 238 of the Fisheries

d	Regulations 1998—
n

a	(a)	in the item relating to the Eel Fishery Access
n	Licence Type A omit "Type A";
o

ti	(b) omit the item relating to the Inland Fishery
la	Access Licence.
is	16. Conditions of Abalone Fishery Access Licence
g	After regulation 303(4) of the Fisheries
e	Regulations 1998 insert—
L
"(5) If the Secretary authorises the licence holder
n
a	to land abalone at a place of landing not
ri	listed in Schedule 19 and the licence holder
to	has complied with the conditions specified in
the licence, then regulation 303(3)(l)(i) does
ic	not apply to the licence holder.".
V

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17.  Amendment to conditions of Eel Fishery Access Licences

ts	(1) In regulation 307(1) of the Fisheries Regulations
n	1998 omit "Type A".
e	(2) For regulations 307(2)(b) and 307(2)(c) of the
m	Fisheries Regulations 1998 substitute—
u
c	"(b) must ensure that every fyke net used—
o	(i) is clearly marked with a surface float
D	marked with the access licence number;
ry	or

ta	(ii)	is identified in the manner approved by
n	the Secretary under sub-regulation (3);
e	and

m	(c) must not use in waters specified in the
ia	licence—
rl	(i) more than the number of fyke nets
a
P	specified in accordance with sub- regulation (4); or
d
n	(ii) where no maximum is specified, more
a	than a total of 50 fyke nets; and".
n	(3) After regulation 307(2) of the Fisheries
o
ti	Regulations 1998 insert—
la	"(3) The Secretary may, on application by a
is	licence holder, approve a method of marking
g	fyke nets which is specified in the licence for
e	one or more bodies of water.
L	(4) The Secretary may specify on a licence a
n	maximum number of fyke nets that the
a
ri	licence holder may use or possess in, on or
next to particular Victorian waters under the
to	licence.".
ic
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18.  Amendments to conditions of a Giant Crab Fishery Access Licence

ts	(1) After regulation 307A(1) of the Fisheries
n	Regulations 1998 insert—
e	"(1A) The Secretary must specify on a Giant Crab
m	Fishery Access Licence the Rock Lobster
u	Fishery Access Licence held by that licence
c	holder which specifies the same boat and
o	operator as that specified in the Giant Crab
D	Fishery Access Licence.
ry	(1B) The Secretary must not grant an application
ta	for the transfer of a Giant Crab Fishery
n	Access Licence unless the proposed
e	transferee is the holder of a Rock Lobster
m	Fishery Access Licence for the western rock
ia	lobster zone.".
rl	(2) In regulation 307A(2) of the Fisheries Regulations
a	1998—
P

(a) in paragraphs (a)(i), (a)(ii), (a)(iii), (d) and

d

n	(e), for "giant crab pot" substitute "rock
a	lobster pot";
n	(b) in paragraph (f), for "giant crab pots
o	specified in" substitute "rock lobster pots
ti	permitted under";
la	(c) after paragraph (f) insert—
is	"(fa) must not, in the area which lies between
g
e	longitudes 143° 10' east and 143° 40'
L	east and inside a depth of 150 metres—
n	(i) use or have on board a boat more
a
ri	respect of each licence operated
than 50 rock lobster pots in
to	from the boat in that area; and
ic
V

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(ii)  operate more than 2 Giant Crab Fishery Access Licences from a boat (regardless of whether or not

ts	those licences are held by the
n	licence holder); and";
e

(d) for paragraphs (m) to (p) substitute—

m

u	"(m) must not have on board a boat any rock
c	lobster pot if—
o
D	(i) the giant crab quota unit balance in relation to the licence is zero or
ry	less; and
ta	(ii) the licence holder's rock lobster
n	quota unit balance in relation to
e	the Rock Lobster Fishery Access
m	Licence specified in the licence is
ia
rl	zero or less; and
a	(n) must not set or immerse a rock lobster
P	pot in Victorian waters if—
d	(i) the giant crab quota unit balance
n	in relation to the licence is zero or
a	less; and
n	(ii) the licence holder's rock lobster
o
ti	quota unit balance in relation to
la	the Rock Lobster Fishery Access
Licence specified in the licence is
is	zero or less; and";
g
e	(e) in paragraph (q), for "giant crab" substitute
L	"rock lobster";
n	(f) after paragraph (v) insert—
a
ri	"(va) must ensure that any change to the
to	report provided under paragraph (v)
that giant crab would not be landed, is
ic	provided to the Secretary and
V	confirmed as correct via the giant crab notification service—

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(i)  no later than 15 minutes after entering the port or mooring area;

ts	and
n	(ii) at least 30 minutes prior to the
e	commencement of landing; and
m	(vb) if—
u
c	(i) the licence holder has reported
o	under paragraph (v) that giant crab
D	would not be landed; and

ry	(ii)	that report has not been changed
ta	in accordance with
paragraph (va)—
n

e	the licence holder must ensure that at
m	least 1 hour prior to landing any giant
ia	crab from a wetwell or other holding
rl	tank on a boat already in a port or
a	mooring area, the specified details are
P	provided to the Secretary and confirmed as correct via the giant crab
d
n	notification service; and";

a	(g)	in paragraph (zd), after "allow the giant
n	crab" insert "to enter any vehicle that
o
ti	already contains fish,";

la (h) in paragraph (ze)—

is	(i)	after "allow the giant crab" insert "to
g	enter any vehicle that already contains
e	fish,";

L	(ii) in sub-paragraph (ii), for "landing site"
n	substitute "place of landing";
a
ri
to
ic
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(iii) after sub-paragraph (ii) insert—

"(iii) if more than 2 giant crab leave the

ts	place of landing, the original catch
n	disposal record is placed into the
e	waterproof envelope approved or
m	provided by the Secretary and the
u	envelope is sealed; and";
c	(i) paragraph (zf) is revoked;
o
D	(j) in paragraph (zg), after "the giant crab" insert "to enter any vehicle that already
ry	contains fish,".
ta	(3) In regulation 307A(3) of the Fisheries Regulations
n	1998, for "giant crab pot" substitute "rock lobster
e	pot".
m
ia	(4) In regulations 307A(4) and 307A(7) of the
rl	Fisheries Regulations 1998, for "giant crab pots"
a	(wherever occurring) substitute "rock lobster
P	pots".
d	(5) For regulation 307A(5) of the Fisheries
n	Regulations 1998 substitute—
a
"(5) Despite sub-regulation (2)(fa)(i), a licence
n	holder may have on board more than 50 rock
o
ti	lobster pots in respect of each licence
la	attached to a boat if that boat is in transit
through that part of the western rock lobster
is	fishing zone described in sub-regulation
g	(2)(fa) with the prior approval of an
e
L	authorised officer.".

(6) In regulation 307A(11)(c) of the Fisheries

n

a	Regulations 1998, for "of that authorisation"
ri	substitute "specified in the licence".
to
ic
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19.  Conditions of Gippsland Lakes Fishery Access Licences

ts	In regulation 308(2) of the Fisheries Regulations
n	1998—
e	(a) in paragraph (s), for "traps." substitute
m	"traps; and"; and
u
c	(b) after paragraph (s) insert—
o	"(t) must not use more than 2 bait pumps.".
D

20. Revocation of Inland Fishery Access Licence

ry	conditions
ta	Regulation 311 of the Fisheries Regulations 1998
n	is revoked.
e

21. Amendments to conditions of a Rock Lobster

m

Fishery Access Licence

ia
rl

(1) In regulation 318(2) of the Fisheries Regulations

a	1998—
P	(a) for paragraph (h) substitute—
d
n	"(h) must not, in that part of the western
a	rock lobster fishing zone which lies
n	between longitudes 143° 10' east and
o	143° 40' east and inside a depth of
ti	150 metres—
la	(i) use or have on board a boat more
is	than 50 rock lobster pots in
g	respect of each licence operated
e	from the boat in that area; and
L

(ii) operate more than 2 Rock Lobster

n

a	Fishery Access Licences from a
ri	boat (regardless of whether or not
to	those licences are held by the
licence holder); and";
ic
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(b) after paragraph (i) insert—

"(ia) must not, personally, or in association

ts	or conjunction with one or more other
n	licence holders, use or have on board a
e	boat more than—
m	(i) 140 rock lobster pots in the
u	western rock lobster zone; and
c

o	(ii)	120 rock lobster pots in the
D	eastern rock lobster zone—

ry	regardless of the number of rock lobster
ta	pots specified in the licence held by the licence holder and the number of Rock
n	Lobster Fishery Access Licences
e	attached to the boat; and";
m
ia
rl

(c) after paragraph (u) insert—

"(ua) must ensure that any change to a report

a	under paragraph (u) that rock lobster
P	would not be landed, is provided to the
d	Secretary and confirmed as correct via
n	the rock lobster notification service—
a

(i) no later than 15 minutes after

n	entering the port or mooring area;
o
ti	and
la	(ii) at least 30 minutes prior to the
is	commencement of landing; and";
g	(d) in paragraph (v), for "landing rock lobster"
e	substitute "entering the port or mooring
L	area";
n
a
ri

(e) for paragraph (w) substitute—

"(w) if—

to	(i) the licence holder has reported
ic	under paragraph (u) that rock
V	lobster would not be landed; and

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(ii)  that report has not been changed in accordance with paragraph

ts	(ua)—
n	the licence holder must ensure that at
e	least 1 hour prior to landing any rock
m	lobster from a coff or wetwell or other
u	holding tank on a boat already in a port
c	or mooring area, the specified details
o	are provided to the Secretary and
D	confirmed as correct via the rock
ry	lobster notification service; and";
ta	(f) in paragraph (ze), after "allow the rock

lobster" insert "to enter any vehicle that

n

e	already contains fish,";
m	(g) in paragraph (zf)—
ia	(i) after "allow the rock lobster" insert "to
rl	enter any vehicle that already contains
a	fish,";
P

(ii) omit "the licence holder";

d

n	(iii) in sub-paragraph (i), before "has
a	complied with" insert "the licence
n	holder";
o

ti	(iv)	in sub-paragraph (ii), for "landing site"
la	substitute "place of landing";

is	(v) after sub-paragraph (ii) insert—
g	"(iii) if more than 2 rock lobster leave
e	the place of landing, the original
L	catch disposal record is placed
n	into the waterproof envelope
a
ri	approved or provided by the
Secretary and the envelope is
to	sealed; and";
ic
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(h) paragraphs (zg) and (zq) to (zu) are revoked;

(i) in paragraph (zh), after "the rock lobster"

ts	insert "to enter any vehicle that already
n	contains fish,";
e	(j) in paragraph (zp), for "coff; and" substitute
m	"coff.".
u
c	(2) After regulation 318(6) of the Fisheries
o	Regulations 1998 insert—
D	"(6A) Despite sub-regulation (2)(h)(i), a licence
ry	holder may have on board more than 50 rock
ta	lobster pots in respect of each licence
attached to a boat if that boat is in transit
n	through that part of the western rock lobster
e	fishing zone described in sub-regulation
m	(2)(h) with the prior approval of an
ia
rl	authorised officer.".
a	(3) In regulation 318(8) of the Fisheries Regulations
P	1998—
d	(a) in paragraph (b), for "officer." substitute
n	"officer; or"; and
a

(b) after paragraph (b) insert—

n

o	"(c) the licence holder holds a Giant Crab
ti	Fishery Access Licence and the giant
la	crab quota unit balance in relation to
is	that licence is greater than zero.".
g	(4) After regulation 318(8) of the Fisheries
e	Regulations 1998 insert—
L

"(8A) Despite sub-regulation (2)(o), a licence

n

a	holder may set or immerse a rock lobster pot
ri	in Victorian waters if the licence holder
to	holds a Giant Crab Fishery Access Licence
and the giant crab quota unit balance in
ic	relation to that licence is greater than zero.".
V

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(5) In regulation 318(12)(c) of the Fisheries

Regulations 1998, for "of that authorisation"

ts	substitute "specified in the licence".
n	22. Amendment to conditions of Trawl (Inshore)
e	Fishery Access Licences
m	In regulation 322(2) of the Fisheries Regulations
u	1998—
c
o	(a) for paragraph (a) substitute—
D	"(a) must not on any one day—
ry	(i) take, possess or retain on board
ta	any boat more than a total
n	combined number of 2 gummy
e	shark and school shark; or
m	(ii) land from any boat more than a
ia	total combined number of
rl	2 gummy shark and school shark;
a	and";
P

(b) in paragraph (b), for "10 kilograms"

d	substitute "40 kilograms";
n
a	(c) after paragraph (b) insert
n	"(c) must not take, possess or retain on board any boat, bugs of the species ibacus peronii that have a carapace
o
ti
la	width of less than 9 centimetres; and";
is	(d) in paragraph (i), after "under the
g
e	Commonwealth Act for the South East Trawl
L	fishery" insert "or on a fishing concession
n	granted by the Australian Fisheries
a	Management Authority".
ri
to
ic
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23.  Conditions of a Western Port/Port Phillip Bay Fishery Access Licence

ts	(1) In regulation 323(2) of the Fisheries
n	Regulations 1998—
e	(a) in paragraph (d)(i), after "a mesh net" insert
m	"or combination of mesh nets";
u
c	(b) in paragraph (d)(iii), after "a flounder net"
o	insert "or combination of flounder nets";
D	(c) in paragraph (k), after "mesh nets" insert
ry	"or flounder nets".
ta	(2) In regulation 323(3)(i) of the Fisheries
n	Regulations 1998, after "mesh nets" insert
e	"or flounder nets".
m	24. Requirement to mark abalone packaging
ia
rl	After regulation 330A(2) of the Fisheries
a	Regulations 1998 insert—
P	"(3) Sub-regulation (1) does not apply to a person
d	who consigns abalone approved by AQIS for
n	the purpose of export if that person is the
a	holder of a Fish Receivers' (Abalone)
n	Licence or is acting under that licence.".
o
ti	25. Minimum sizes
la	In regulation 501(1) of the Fisheries Regulations
is	1998, in the Table—
g	(a) omit the item relating to Eel (long finned
e	and short finned);
L

(b) for the item relating to Shark, snapper

n	substitute—
a
ri	"Shark, school 45".
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26. Method for measuring the size of bug

In regulation 502 of the Fisheries Regulations

ts	1998
n	(a) in paragraph (h), for "tail fin." substitute
e	"tail fin; and";
m
u	(b) after paragraph (h) insert
c	"(i) in the case of bug of the species ibacus
o	peronii, the width must be measured
D	from spike to spike at the widest point
ry	of the carapace, whether or not it is
ta	broken or damaged.".
n	27. Offence to possess or land rock lobster unless the
e	tail and carapace are attached
m	After regulation 519 of the Fisheries Regulations
ia
rl	1998 insert—
a	"519A. Offence to possess or land rock lobster
P	unless the tail and carapace are attached
d	(1) A person must not in, on or next to Victorian
n	waters possess or land or cause to be landed
a	any rock lobster unless the tail and carapace
n	of that rock lobster are attached to each
o
ti	other.
la	Penalty: 20 penalty units.
is	(2) Sub-regulation (1) does not apply to a person
g	who is the holder of a commercial fishery
e	licence authorising the landing of rock
L	lobster.
n	Note: Holders of commercial fishery licences have
a	been exempted from this provision to avoid
ri	duplication of offences, as this provision is
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28. Access licence holder must mark equipment

In regulation 527 of the Fisheries Regulations

ts	1998—
n	(a) in paragraph (a)(i), after "trap," insert "crab
e	pot,";
m	(b) paragraphs (ba) and (bb) are revoked.
u
c	29. Specifications for certain fishing equipment
o
D	(1) For regulation 631(1) of the Fisheries Regulations
ry	1998 substitute—
"(1) The specifications for a rock lobster pot are
ta	as specified in sub-regulations (2) and (3).".
n
e	(2) In regulations 631(2) and 631(4) of the Fisheries
m	Regulations 1998 omit "or giant crab pot"
ia
rl
(wherever occurring).

30. Revocation of temporary provisions

a	Regulations 706, 707 and 708 of the Fisheries
P	Regulations 1998 are revoked.
d
n	31. Substitution of regulation 711
a	For regulation 711 of the Fisheries Regulations
n	1998 substitute—
o
ti	"711. Transitional provisions for Eel Fishery
la	Access Licences Type A
is	A person who immediately before
g	14 November 2003 was the holder of an Eel
e	Fishery Access Licence Type A is deemed to
L	hold an Eel Fishery Access Licence until the
n	date on which the Eel Fishery Access
a
ri	Licence Type A is due to be renewed.".
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32. Substitution of regulation 712

For regulation 712 of the Fisheries Regulations

ts	1998 substitute—
n	"712. Expiry of regulations
e

Regulations 307A(2)(fa) and 318(2)(h)

m

u	expire on 15 November 2007.".
c	33. Revocation of transitional provision
o
D	Regulation 713 of the Fisheries Regulations 1998 is revoked.
ry	═══════════════
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Endnotes

S.R. No. 133/2003

ENDNOTES

ts	1
n	Reg. 1: S.R. No. 23/1998. Reprint No. 3 as at 20 May 2003. Subsequently
e	amended by S.R. No. 101/2003.
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