Fisheries Amendment Regulations 2020 (Vic)
Fisheries Amendment Regulations 2020
S.R. No. 51/2020
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Principal Regulations
4Regulation 21 substituted
5Fish not to be transferred or received at sea
6Use of recreational bait net not permitted in certain waters
7Activities authorised by Corner Inlet Fishery Access Licences
8Activities authorised by Octopus Fishery Access Licences
9Activities authorised by Western Port/Port Phillip Bay Fishery Access Licences
10Activities authorised by Abalone Fishery (Western Zone) Access Licences
11Activities authorised by Abalone Fishery (Central Zone) Access Licences
12Activities authorised by Abalone Fishery (Eastern Zone) Access Licences
13Activities authorised by Rock Lobster Fishery (Western Zone) Access Licences
14Activities authorised by Scallop Dive (Port Phillip Bay) Fishery Access Licences
15Activities authorised by Sea Urchin Fishery Access Licences
16Amendment to Schedule 17—Base number of licences for purposes of calculating maximum number of licences
17Amendment to Schedule 21—Western Port/Port Phillip Bay ports and mooring areas
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Endnotes
STATUTORY RULES 2020
S.R. No. 51/2020
Fisheries Act 1995
Fisheries Amendment Regulations 2020
The Governor in Council makes the following Regulations:
Dated: 16 June 2020
Responsible Minister:
JAALA PULFORD
Minister for Fishing and BoatingCLAIRE CHISHOLM
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Fisheries Regulations 2019—
(a)to increase the base number of licences for the purpose of calculating the maximum number of Octopus Fishery Access Licences that may be issued; and
(b)to prohibit the use of recreational bait nets in additional waters; and
(c)to decrease the number of access licences under which a holder cannot use a boat unless authorised; and
(d)to remove the requirement for certain access licence holders to use a boat specified in a licence to carry out certain activities under the licence; and
(e)to make other miscellaneous amendments.
2Authorising provision
These Regulations are made under section 153 of the Fisheries Act 1995.
3Principal Regulations
In these Regulations, the Fisheries Regulations 2019[1] are called the Principal Regulations.
4Regulation 21 substituted
For regulation 21 of the Principal Regulations substitute—
"21 Classes of access licence where use of boat for fishing prohibited unless authorised
For the purposes of section 39(3) of the Act, the following classes of access licence are specified—
(a)Giant Crab Fishery (Western Zone) Access Licence;
(b)Pipi Fishery Access Licence;
(c)Purse Seine (Ocean) Fishery Access Licence;
(d)Rock Lobster Fishery (Eastern Zone) Access Licence;
(e)Rock Lobster Fishery (Western Zone) Access Licence;
(f)Scallop (Ocean) Fishery Access Licence;
(g)Trawl (Inshore) Fishery Access Licence;
Notes
1Section 39(3) of the Act provides that the holder of an access licence of a class specified by the regulations for the purposes of that subsection must not use a boat to carry out any of the fishing activities authorised by the licence unless the licence permits the use of that boat and states the registration number of the boat. The maximum penalty for a contravention of section 39(3) of the Act is 200 penalty units or 12 months imprisonment or both.
2 Under regulation 152, any boat used by the holder of an access licence to carry out any of the fishing activities authorised by the licence must be registered.".
5Fish not to be transferred or received at sea
In regulation 70 of the Principal Regulations—
(a)in subregulation (1)(a), for "the boat specified in" substitute "a boat used under";
(b)in subregulation (2), for "specified in an access" substitute "used under the".
6Use of recreational bait net not permitted in certain waters
(1)In regulation 122(1) of the Principal Regulations, for ", Port Phillip Bay, Shallow Inlet, Sydenham Inlet, Tamboon Inlet or Western Port" substitute "or Shallow Inlet".
(2)In regulation 122(2) of the Principal Regulations, after "Gippsland Lakes" insert ", Port Phillip Bay, Sydenham Inlet, Tamboon Inlet or Western Port".
7Activities authorised by Corner Inlet Fishery Access Licences
In regulation 179 of the Principal Regulations omit ", using the boat specified in the licence,".
8Activities authorised by Octopus Fishery Access Licences
In regulation 241 of the Principal Regulations omit ", using the boat specified in the licence,".
9Activities authorised by Western Port/Port Phillip Bay Fishery Access Licences
In regulation 273 of the Principal Regulations omit ", using the boat specified in the licence,".
10Activities authorised by Abalone Fishery (Western Zone) Access Licences
In regulation 307 of the Principal Regulations omit ", using the boat specified in the licence,".
11Activities authorised by Abalone Fishery (Central Zone) Access Licences
In regulation 308 of the Principal Regulations omit ", using the boat specified in the licence,".
12Activities authorised by Abalone Fishery (Eastern Zone) Access Licences
In regulation 309 of the Principal Regulations omit ", using the boat specified in the licence,".
13Activities authorised by Rock Lobster Fishery (Western Zone) Access Licences
In regulation 375(1)(d) of the Principal Regulations omit "sale or as".
14Activities authorised by Scallop Dive (Port Phillip Bay) Fishery Access Licences
In regulation 400 of the Principal Regulations omit ", using the boat specified in the licence,".
15Activities authorised by Sea Urchin Fishery Access Licences
In regulation 411 of the Principal Regulations omit ", using the boat specified in the licence,".
16Amendment to Schedule 17—Base number of licences for purposes of calculating maximum number of licences
In column 3 of item 14 of the Table in Schedule 17 to the Principal Regulations, for "5" substitute "11".
17Amendment to Schedule 21—Western Port/Port Phillip Bay ports and mooring areas
In Schedule 21 to the Principal Regulations, after "Werribee South Boat Ramp" insert "Wyndham Harbour Boat Ramp.".
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Endnotes
[1] Reg. 3: S.R. No. 163/2019.
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