Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 (Vic)
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014
S.R. No. 96/2014
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY
1Objectives
2Authorising provision
3Commencement
PART 2—COMMERCIAL FISHERY FOR SEA URCHIN
4Definitions
5Classes of access licence
6Classes of commercial fishery licence that may be held by a corporation
7Classes of access licence where services of other person used
8Errors made while completing certain fisheries documents
9Completion of catch and effort records
10Offence to remove roe from sea urchin
11Amendment to Part 7 heading
12New Part 11A inserted
PART 11A—SEA URCHIN
Division 1—Catch limits in relation to recreational sea
urchin fishing417AApplication of Division
417BCatch limit for sea urchin
Division 2—Activities authorised under a Sea Urchin
Fishery Access Licence417CAuthorised activities
Division 3—Conditions of Sea Urchin Fishery Access
Licence417DSea Urchin Fishery Access Licence subject to
conditions in this Division417ENotification of intention to take sea urchin for sale
417FPrior reporting of sea urchin details before entering
port or mooring417GSea urchin must be landed at a specified place
417HBoat not to enter port or mooring area and sea urchin
not to be landed before estimated time417IBoat to enter port or mooring area and sea urchin to be landed within one hour after estimated time
417JSea urchin to be weighed after landing and information given to the Secretary
417KSea urchin not to be moved before catch disposal record completed
417LSecretary to give sea urchin confirmation number to licence holder
417MRequirements for keeping fisheries documents and copies relating to sea urchin
417NLocation of sea urchin catch disposal record book to
be notified417OSea urchin not to be transferred at sea from boat to
boat417PTransfer to licence holder of sea urchin taken by other persons prohibited in Victorian waters
417QPossession of recreationally caught sea urchin at commercial premises prohibited
Division 4—Other matters relating to sea urchin
417RSecretary to notify licence holder of internet
application to be used417SRequired form of documentation for sale of sea urchin (sea urchin receipt)
417TDocumentation requirement for possession of sea
urchin
13Amendment to Schedule 4—Definitions of fisheries
14Amendment to Schedule 14—Designated licence conditions
15New Schedule 21 inserted
SCHEDULE 21—Sea Urchin Zones and Ports and Mooring Areas
PART 1—SEA URCHIN ZONES
PART 2—PORTS AND MOORING AREAS
PART 3—OTHER AMENDMENTS TO THE FISHERIES REGULATIONS 2009
16Scallop dive notification service
17Revocation of redundant regulations
18Use of bait net
19Offence to use certain substances as bait or berley
20Minimum size of fish
21Catch limits
22New regulation 124A inserted
124AProhibition of possession of yabby
23New regulation 189A inserted
189ALicence holder must not lease licence
24Activities authorised by a Trawl (Inshore) Fishery Access Licence
25Regulation 212 substituted
212Catch limit for bug
26New regulation 234AA inserted
234AALicence holder must not lease licence
27Closed season for rock lobster
28Scallop to be weighed after landing and information given to
the Secretary29New Schedule 6A inserted
SCHEDULE 6A—Toorloo Arm and Nowa Nowa Arm of
Lake Tyers
PART 4—AMENDMENT OF THE FISHERIES (FEES, ROYALTIES AND LEVIES) REGULATIONS 2008
30Levies on access licences
31Levies on general permits
32Application and transfer fees for commercial fishery access licences
33Levies for access licences
34Grants levy for sea urchin access licences
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ENDNOTES
STATUTORY RULES 2014
S.R. No. 96/2014
Fisheries Act 1995
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014
The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations:
Dated: 8 July 2014
Responsible Minister:
PETER WALSH
Minister for Agriculture and Food SecurityYVETTE CARISBROOKE
Clerk of the Executive Council
PART 1—PRELIMINARY
1Objectives
The objectives of these Regulations are—
(a)to amend the Fisheries Regulations 2009—
(i)to provide for a quota-managed and licenced-based commercial fishery for sea urchin; and
(ii)to make miscellaneous amendments to those Regulations; and
(b)to make consequential amendments to the Fisheries (Fees, Royalties and Levies) Regulations 2008.
2Authorising provision
These Regulations are made under section 153 of the Fisheries Act 1995.
3Commencement
These Regulations come into operation on 10 July 2014.
__________________
PART 2—COMMERCIAL FISHERY FOR SEA URCHIN
4Definitions
(1)In regulation 5 of the Fisheries Regulations 2009[1] insert the following definitions—
"black sea urchin means the species Centrostephanus rodgersii;
central sea urchin zone means all the Victorian waters between longitude 142° 31' East and longitude 148° East, excluding Port Phillip Bay, shown on the plan in Part 1 of Schedule 21;
eastern sea urchin zone means all the Victorian waters east of longitude 148° East shown on the plan in Part 1 of Schedule 21;
Port Phillip Bay sea urchin zone means the waters of Port Phillip Bay shown on the plan in Part 1 of Schedule 21;
sea urchinmeans black sea urchin or white sea urchin;
sea urchin catch disposal record means an individually numbered record in the form approved by the Secretary that is used to record information in relation to the movement of sea urchin from the place of sea urchin landing by the holder of a Sea Urchin Fishery Access Licence as required under Division 3 of Part 11A;
sea urchin catch disposal record book means a book containing sea urchin catch disposal records issued by the Secretary to the holder of a Sea Urchin Fishery Access Licence;
sea urchin commercial fishing management zone is comprised of all of the following zones—
(a)the eastern sea urchin zone;
(b)the central sea urchin zone;
(c)the Port Phillip Bay sea urchin zone;
(d)the western sea urchin zone.
sea urchin notification service means—
(a)the internet application through which the holder of a Sea Urchin Fishery Access Licence may notify specified sea urchin details and sea urchin daily catch and effort records to the Secretary; or
(b)if the internet application is not available an alternative method, notified to the licence holder by the Secretary, by which the licence holder may notify those details to the Secretary;
sea urchin receipt means a receipt issued in respect of the sale of sea urchin by a person selling the sea urchin that contains the details listed in regulation 417S(2);
specified sea urchin details means—
(a)for the purposes of regulation 417E(1), the following details—
(i)the number allocated by the Secretary to identify the Sea Urchin Fishery Access Licence;
(ii)the registration number of the boat;
(iii)the port or mooring area specified in Part 2 of Schedule 21 from which the boat will leave;
(iv)the estimated time and date at which the boat will leave the port or mooring;
(v)the number of persons on the boat who will dive for sea urchin;
(vi)any other class of fishery licence under which the licence holder is taking fish on the same trip;
(b)for the purposes of regulation 417F(1), the following details—
(i)the number allocated by the Secretary to identify the Sea Urchin Fishery Access Licence;
(ii)the port or mooring area specified in Part 2 of Schedule 21 that the boat will enter;
(iii)the date and estimated time at which the boat will enter the port or mooring area;
(iv)if sea urchin are to be landed, the date and estimated time at which landing of the sea urchin will commence;
(v)the estimated weight of sea urchin to be landed;
(c)for the purposes of regulation 417J(1)(c), the following details—
(i)the number allocated by the Secretary to identify the Sea Urchin Fishery Access Licence;
(ii)the total whole weight (in kilograms) of sea urchin (by urchin species) landed under the licence;
(iii)the sea urchin confirmation number provided to the licence holder when the sea urchin details in paragraph (b) were provided;
(iv)the estimated date and time when the sea urchin are to be moved from the place of landing;
western sea urchin zone means all Victorian waters west of longitude 142° 31' East shown on the plan in Part 1 of Schedule 21;
white sea urchin means the species Heliocidaris erythrogramma;".
(2)In regulation 5 of the Fisheries Regulations 2009—
(a)in paragraph (a) of the definition of catch and effort record book, for "or a Scallop Dive (Port Phillip Bay) Fishery Access Licence)" substitute ", a Scallop Dive (Port Phillip Bay) Fishery Access Licence or a Sea Urchin Fishery Access Licence)";
(b)for paragraph (a)(ix) of the definition of fisheries document substitute—
"(ix)a sea urchin catch disposal record or sea urchin catch disposal record book;
(x)a small sales return, small sales return book or a stock record; and".
5Classes of access licence
After regulation 12(sa) of the Fisheries Regulations 2009 insert—
"(sb)Sea Urchin Fishery Access Licence;".
6Classes of commercial fishery licence that may be held by a corporation
After regulation 16(1)(ma) of the Fisheries Regulations 2009 insert—
"(mb)Sea Urchin Fishery Access Licence;".
7Classes of access licence where services of other person used
After regulation 18(2)(pa) of the Fisheries Regulations 2009 insert—
"(pb)Sea Urchin Fishery Access Licence;".
8Errors made while completing certain fisheries documents
In regulation 41 of the Fisheries Regulations 2009—
(a)in subregulation (1), after "scallop dive catch disposal record," insert "a sea urchin catch disposal record,";
(b)after subregulation (2)(ca) insert—
"(cb)in the case of a cancelled sea urchin catch disposal record, the original and the duplicate copy of the cancelled record are retained in the relevant record book; and".
9Completion of catch and effort records
In regulation 59(8) of the Fisheries Regulations 2009, for "or a Scallop Dive (Port Phillip Bay) Access Licence" substitute ", a Scallop Dive (Port Phillip Bay) Access Licence or a Sea Urchin Fishery Access Licence".
10Offence to remove roe from sea urchin
In regulation 98(3) of the Fisheries Regulations 2009, after "general permit" insert "or Sea Urchin Fishery Access Licence".
11Amendment to Part 7 heading
(1)In the heading to Part 7 of the Fisheries Regulations 2009, for "AND SCALLOP" substitute ", SCALLOP AND SEA URCHIN".
(2)In the Table to regulation 124(1) omit item 50.
12New Part 11A inserted
After Part 11 of the Fisheries Regulations 2009 insert—
"PART 11A—SEA URCHIN
Division 1—Catch limits in relation to recreational sea urchin fishing
417AApplication of Division
This Division does not apply to—
(a)the holder of a Sea Urchin Fishery Access Licence, or a person acting on behalf of that licence holder, when carrying out any fishing activities authorised by the licence; or
(b)a person who is acting under and in accordance with a traditional owner recognition permit.
417BCatch limit for sea urchin
(1)For the purposes of the Act, the catch limit with respect to the taking of sea urchin from Victorian waters is 20 sea urchin of any species.
(2)For the purposes of the Act, the catch limit for the possession of sea urchin in, on or next to Victorian waters is 20 sea urchin of any species.
(3)Subregulations (1) and (2) do not apply to a person who takes or possesses sea urchin in a quantity in excess of the catch limit specified in subregulation (1) or (2) if—
(a)the person—
(i)is the holder of, or is acting on behalf of the holder of, a Sea Urchin Fishery Access Licence authorising the taking and possession of sea urchin; and
(ii)takes or possesses the sea urchin in accordance with the licence, the Act and these Regulations; or
(b)the person—
(i)is the holder of, or is acting on behalf of the holder of, an aquaculture licence authorising the hatching, rearing, breeding, growing or displaying of sea urchin; and
(ii)takes or possesses the sea urchin in accordance with the licence, the Act and these Regulations; or
(c)the person—
(i)is the holder of, or is acting on behalf of the holder of, a general permit authorising the taking or possession of sea urchin in that quantity; and
(ii)takes or possesses the sea urchin in accordance with the permit, the Act and these Regulations.
(4)Subregulations (1) and (2) do not apply to a person who possesses sea urchin in a quantity in excess of the catch limit specified in subregulation (1) or (2), and which the person received from a person referred to in subregulation (3).
Note
There are offences in sections 68A and 68B of the Act relating to taking or possessing fish in excess of the catch limit in these Regulations for that species of fish. Various penalties apply.
Division 2—Activities authorised under a Sea Urchin Fishery Access Licence
417CAuthorised activities
A Sea Urchin Fishery Access Licence authorises the licence holder to carry out the following activities in the sea urchin commercial fishing management zone—
(a)to take sea urchin by hand for sale (other than in waters that are within a marine national park, a marine sanctuary or a fisheries reserve);
(b)in connection with the taking of sea urchin, to use underwater breathing apparatus and any equipment approved by the Secretary (other than in waters that are within a marine national park, a marine sanctuary or a fisheries reserve);
(c)to engage one or more persons to carry out any activity authorised by the licence;
(d)to sample crack sea urchin;
(e)to process sea urchin taken under the licence.
Division 3—Conditions of Sea Urchin Fishery Access Licence
417DSea Urchin Fishery Access Licence subject to conditions in this Division
For the purposes of section 52(1)(b) of the Act, this Division sets out the conditions to which every Sea Urchin Fishery Access Licence is subject.
Notes
1 In addition to the conditions set out in this Division, every Sea Urchin Fishery Access Licence is subject to—
(a) any condition expressed or referred to in the licence by the Secretary under section 52(1)(a) of the Act; and
(b) the conditions applying to that class of licence set out in Division 3 of Part 2 of these Regulations.
2 Under section 53 of the Act, the holder of a licence or a person who does a thing on behalf of a licence holder, must comply with any condition to which the licence is subject. A failure to comply may attract a maximum penalty of 50 penalty units and, in the case of an offence involving a priority species or breach of a designated licence condition, a maximum penalty of 100 penalty units or 6 months imprisonment or both.
3 Under regulation 460, the holder of a licence may apply to the Secretary for an exemption from a specified condition of the licence.
417ENotification of intention to take sea urchin for sale
(1)Subject to subregulation (2), the licence holder must give to the Secretary, via the sea urchin notification service, the details set out in paragraph (a) of the definition of specified sea urchin details at least one hour before a boat to be used for the purposes of taking sea urchin for sale under the licence leaves a port or mooring.
(2)The licence holder, at any time before a boat used under the licence leaves a port or mooring, may, via the sea urchin notification service—
(a)vary the details given to the Secretary under subregulation (1); or
(b)if the licence holder cancels the proposed taking of sea urchin for sale, advise the Secretary to that effect.
417FPrior reporting of sea urchin details before entering port or mooring
(1)The licence holder must ensure that the details set out in paragraph (b) of the definition of specified sea urchin details are provided to the Secretary via the sea urchin notification service in accordance with subregulation (2) if a boat used under the licence is to enter a port or mooring area and—
(a)has sea urchin on board; or
(b)has been used for fishing for sea urchin during the fishing trip.
(2)The details must be provided to the Secretary at least 30 minutes before the entry.
(3)If, after the details have been provided in accordance with subregulations (1) and (2), the boat is to enter a port or mooring other than that named in those details, the licence holder must notify the Secretary of that port or mooring via the sea urchin notification service at least 30 minutes before entry.
417GSea urchin must be landed at a specified place
The licence holder must ensure that sea urchin are landed at the port or mooring notified to the Secretary under regulation 417F unless—
(a)there is an impending or actual threat to the safety of a person engaged in activities under the licence; and
(b)the licence holder advises the Secretary via the sea urchin notification service as soon as practicable of another place where sea urchin are to be landed.
417HBoat not to enter port or mooring area and sea urchin not to be landed before estimated time
(1)The licence holder must not allow a boat with sea urchin on board to enter a port or mooring area before the estimated time for that entry provided to the Secretary under regulation 417F unless there is an impending or actual threat to the safety of a person engaged in an activity authorised under the licence.
(2)The licence holder must not allow sea urchin to be landed from a boat before the estimated time for that landing provided to the Secretary under regulation 417F unless there is an impending or actual threat to the safety of a person engaged in an activity authorised under the licence.
417IBoat to enter port or mooring area and sea urchin to be landed within one hour after estimated time
(1)The licence holder must ensure that—
(a)a boat with sea urchin on board enters a port or mooring area notified to the Secretary under regulation 417F within one hour after the estimated time for that entry provided to the Secretary under regulation 417F; and
(b)sea urchin are landed from the boat within one hour after the estimated time for that landing provided to the Secretary under regulation 417F.
(2)Despite subregulation (1), the licence holder may commence landing sea urchin from the boat more than one hour after the estimated time for that landing provided to the Secretary under regulation 417F if the licence holder advises the Secretary via the sea urchin notification service at least one hour before the new estimated time for the landing of sea urchin of—
(a)the licence holder's intention to land sea urchin more than one hour after the prior estimated time for landing; and
(b)the new estimated time at which the landing of sea urchin will commence.
(3)If the licence holder advises the Secretary of a new estimated time for landing sea urchin under subregulation (2)(b), the licence holder must ensure that sea urchin are landed within one hour after that time.
417JSea urchin to be weighed after landing and information given to the Secretary
(1)After landing sea urchin taken under a licence, the licence holder must ensure that, no later than 60 minutes after the landing—
(a)the sea urchin are weighed at the place of landing of the sea urchin and the net whole weight is recorded in the sea urchin daily catch and effort record in the manner required by the Secretary; and
(b)the sea urchin daily catch and effort record is forwarded to the Secretary via the sea urchin notification service; and
(c)the details set out in paragraph (c) of the definition of specified sea urchin details are provided to the Secretary via the sea urchin notification service and the details are correct.
(2)The licence holder must ensure that any details regarding the weight of the sea urchin that are required to be provided under the Act or these Regulations are correct to within 0×1 kilograms of the actual weight.
417KSea urchin not to be moved before catch disposal record completed
The licence holder must ensure that sea urchin taken under the licence are not moved from the place of landing of the sea urchin or delivered for processing unless—
(a)the details of the sea urchin catch disposal record have been entered on the original and duplicate copy of the record in the manner required by the Secretary and signed by the licence holder; and
(b)the original copy of the record accompanies the sea urchin.
417LSecretary to give sea urchin confirmation number to licence holder
(1)The Secretary must make all reasonable efforts to provide the licence holder with a confirmation number via the sea urchin notification service as soon as is practicable after the licence holder has provided any specified sea urchin details via that service.
(2)Subregulation (1) does not apply if the Secretary determines that there are reasonable grounds for believing that the licence holder has failed to comply with these Regulations.
(3)If the licence holder does not receive a confirmation number under subregulation (1) via the sea urchin notification service after providing specified sea urchin details to the Secretary via that service, the Secretary may issue the licence holder with a confirmation number by way of an alternative method.
417MRequirements for keeping fisheries documents and copies relating to sea urchin
(1)The licence holder must ensure that the licence holder or any person acting on behalf of the licence holder does not possess a signed sea urchin catch disposal record or a copy of such a record unless all the required details of the record have been completed in the manner required by the Secretary.
(2)The licence holder must ensure that all copies of completed, and all unused, sea urchin catch disposal records and sea urchin catch disposal record books are kept by the licence holder.
(3)The licence holder must ensure that the duplicate copy of each sea urchin catch disposal record that has been completed in respect of the sea urchin landed under the licence is retained in the sea urchin catch disposal record book issued to the licence holder.
417NLocation of sea urchin catch disposal record book to be notified
The licence holder must ensure that the Secretary is notified of the location of the sea urchin catch disposal record book if it is not located on a boat used under the licence, or at the place of landing of sea urchin.
417OSea urchin not to be transferred at sea from boat to boat
The licence holder must ensure that sea urchin are not transferred from one boat to another in, under or on Victorian waters.
417PTransfer to licence holder of sea urchin taken by other persons prohibited in Victorian waters
The licence holder, whether or not on board a boat, must not receive in, under or on Victorian waters any sea urchin taken by a person other than a person named in the licence.
417QPossession of recreationally caught sea urchin at commercial premises prohibited
The licence holder must not possess sea urchin taken under a recreational fishery licence at the same premises as sea urchin taken under the licence.
Division 4—Other matters relating to sea urchin
417RSecretary to notify licence holder of internet application to be used
The Secretary must notify, in writing, each holder of a Sea Urchin Fishery Access Licence of—
(a)the internet application to be used to provide the Secretary with sea urchin daily catch and effort records and specified sea urchin details via the sea urchin notification service; and
(b)the telephone number to be used—
(i)to provide the Secretary with specified sea urchin details if the licence holder does not receive a sea urchin confirmation number in respect of specified sea urchin details provided via the sea urchin notification service; or
(ii)for any other purpose required by these Regulations; and
(c)any changes to the internet application or telephone number notified under paragraph (a) or (b).
417SRequired form of documentation for sale of sea urchin (sea urchin receipt)
(1)Section 120AA(1) of the Act applies to a person who intends to sell any quantity of sea urchin.
(2)For the purposes of section 120AA(2)(a) of the Act, the document concerning a proposed sale of sea urchin must be in the form of a receipt that contains the following details—
(a)the full name and address of the person selling the sea urchin;
(b)the full name and address of the person to whom the sea urchin are sold;
(c)the date of sale of the sea urchin;
(d)the net weight in kilograms of sea urchin sold;
(e)whether the sea urchin was sold whole or as roe.
Note
Section 120AA(2) of the Act requires a person who sells sea urchin in any quantity to create a document that complies with that section.
417TDocumentation requirement for possession of sea urchin
For the purposes of section 120AC(1) of the Act, a person who possesses any quantity of sea urchin must, while in possession of the sea urchin, have in his or her possession—
(a)the completed original sea urchin catch disposal record for that sea urchin; or
(b)the sea urchin receipt issued at the time of the sale of the sea urchin to the person.
Note
Section 120AC(1) of the Act applies to a person who possesses sea urchin and, under the regulations, is required to have a document in their possession relating to that sea urchin. Section 120AC(2) provides for an offence for not having the prescribed document in possession. Section 120AC(4) provides a defence if the sea urchin are in a person's possession otherwise than for the purposes of sale, processing for reward, transportation for reward or storage for reward.
__________________".
13Amendment to Schedule 4—Definitions of fisheries
After item 20A of Schedule 4 to the Fisheries Regulations 2009 insert—
"20B Sea urchin (commercial) Black
sea urchinWhite
sea urchinUnderwater breathing apparatus Eastern
sea urchin zoneCentral
sea urchin zoneWestern sea urchin zone
Port Phillip Bay sea urchin zone".
14Amendment to Schedule 14—Designated licence conditions
In Schedule 14 to the Fisheries Regulations 2009, after "416 and 417" insert—
"Conditions relating to sea urchin in Part 11A
417E-417J
417O-417Q".
15New Schedule 21 inserted
After Schedule 20 to the Fisheries Regulations 2009 insert—
"__________________
SCHEDULE 21
SEA URCHIN ZONES AND PORTS AND MOORING AREAS
PART 1—SEA URCHIN ZONES
Regulation 5
".
PART 2—PORTS AND MOORING AREAS
Regulation 5
Altona Boat Ramp Car Park
Apollo Bay Boat Ramp
Bastion Point
Bay of Islands Boat Ramp
Black Rock Boat Ramp
Cape Bridgewater Beach
Cape Conran Boat Ramp
Clifton Springs Boat Ramp
Cowes Jetty
Flinders Boat Ramp
Frankston Boat Ramp
Hastings Boat Ramp
Inverloch Boat Ramp
Killarney Boat Ramp
Kirks Point
Lorne–Grey Point Boat Ramp
Mallacoota Main Wharf
Marlo Jetty
Mornington Boat Ramp (Schnapper Point)
Newhaven Boat Ramp
Ocean Grove Boat Ramp
Patterson River Boat Ramp
Peterborough–Boat Bay Carpark
Pier 35
Port Albert Boat Ramp
Port Campbell Jetty
Port Fairy Boat Ramp
Portland Boat Ramp
Portland Fishermans Wharf
Port Welshpool Boat Ramp
Queenscliff Boat Ramp
Rhyll Boat Ramp
Rye Boat Ramp
St Helens Boat Ramp
St Kilda Marina Carpark
Sandy Point
San Remo Fishermans Wharf
Shallow Inlet Carpark
Sorrento Boat Ramp
Stony Point Boat Ramp
Taylors Bay Boat Ramp
The Basin Carpark
Torquay Boat Ramp
Walkerville North
Walkerville South
Wally's Ramp
Warrnambool Boat Ramp
Werribee South Boat Ramp
West Bank Ramp
__________________
PART 3—OTHER AMENDMENTS TO THE FISHERIES REGULATIONS 2009
16Scallop dive notification service
In regulation 5 of the Fisheries Regulations 2009, for the definition of scallop dive notification service substitute—
"scallop dive notification service means—
(a)the internet application through which the holder of a Scallop Dive (Port Phillip) Fishery Access Licence may notify specified scallop dive details and scallop dive daily catch and effort records to the Secretary; or
(b)if the internet application is not available an alternative method, notified to the licence holder by the Secretary, by which the licence holder may notify those details to the Secretary;".
17Revocation of redundant regulations
(1)Regulation 17(1) of the Fisheries Regulations 2009 is revoked.
(2)Regulation 18(1) of the Fisheries Regulations 2009 is revoked.
18Use of bait net
In regulation 85 of the Fisheries Regulations 2009—
(a)for subregulation (1)(d) substitute—
"(d)the waters of the Toorloo Arm and Nowa Nowa Arm of Lake Tyers that flow upstream of the lines shown on the plan in Schedule 6A, those lines being indicated by the coordinates shown on that plan; and
(b)in subregulation (2) for "Toorloo Arm and Nowa Nowa Arm" substitute "the waters described in subregulation (1)(d)".
19Offence to use certain substances as bait or berley
In regulation 102(3) of the Fisheries Regulations 2009, for "trout or salmon ova" substitute "fish ova".
20Minimum size of fish
In the Table to regulation 118(1) of the Fisheries Regulations 2009—
(a)omit item 4; and
(b)for item 26 substitute—
"26 Wrasse (all species other than blue groper) 27".
21Catch limits
In the Table to regulation 124(1) of the Fisheries Regulations 2009—
(a)omit item 8;
(b)in item 70, for "Wrasse (all species other than bluethroat wrasse and blue groper)" substitute "Wrasse (all species other than blue groper)";
(c)in item 71, for the words and expressions in Column 4 substitute—
"20 litres of whole yabby or 150 whole yabby or 5 litres of yabby meat in any form not exceeding 150 tails (including claws or other parts)".
22New regulation 124A inserted
After regulation 124 of the Fisheries Regulations 2009 insert—
"124A Prohibition of possession of yabby
(1)For the purposes of section 67 of the Act, the possession by a person who is not on, in, or next to Victorian waters of the following amount of yabby in any form is prohibited unless the person is of a class of person set out in subregulation (2)—
(a)more than 60 litres of whole yabby;
(b)more than 400 whole yabby;
(c)more than 10 litres of yabby (other than whole yabby) not exceeding 400 tails.
(2)For the purposes of subregulation (1), the classes of persons are—
(a)holders of, or persons acting on behalf of the holders of, an aquaculture licence authorising the hatching, rearing, breeding, growing or displaying of yabby who possess yabby in accordance with that licence, the Act and the regulations; or
(b)holders of, or persons acting on behalf of the holders of, a general permit under section 49 of the Act authorising the taking or possessing of yabby who possess yabby in accordance with that permit, the Act and the regulations; or
(c)holders of, or persons acting on behalf of the holders of a Bait (General) Fishery Access Licence who possess yabby in accordance with that licence, the Act and the regulations; or
(d)persons who possess yabby received from a person referred to in paragraph (a), (b) or (c).".
23New regulation 189A inserted
After regulation 189 of the Fisheries Regulations 2009 insert—
"189A Licence holder must not lease licence
The licence holder must not lease the licence to another person.".
24Activities authorised by a Trawl (Inshore) Fishery Access Licence
In regulation 208(a) of the Fisheries Regulations 2009, for ", sea urchin and, unless specified in the licence under regulation 33, bug" substitute "and sea urchin".
25Regulation 212 substituted
For regulation 212 of the Fisheries Regulations 2009 substitute—
"212 Catch limit for bug
The licence holder must not, during any fishing trip, take, or possess on board the boat specified in the licence, or land from that boat, more than 40 kilograms of bug unless the Secretary has specified in the licence that the licence holder may take more than 40 kilograms of bug.".
26New regulation 234AA inserted
After regulation 234 of the Fisheries Regulations 2009 insert—
"234AA Licence holder must not lease licence
The licence holder must not lease the licence to another person.".
27Closed season for rock lobster
In regulation 322(2) of the Fisheries Regulations 2009, after "of any rock lobster" insert "from, or in, on or next to Victorian waters,".
28Scallop to be weighed after landing and information given to the Secretary
In regulation 413I(1)(a) of the Fisheries Regulations 2009 omit "electronically".
29New Schedule 6A inserted
After Schedule 6 to the Fisheries Regulations 2009 insert—
"SCHEDULE 6A
TOORLOO ARM AND NOWA NOWA ARM OF LAKE TYERS
Regulation 85(1)
__________________".
__________________
PART 4—AMENDMENT OF THE FISHERIES (FEES, ROYALTIES AND LEVIES) REGULATIONS 2008
30Levies on access licences
After regulation 17(1)(sa) of the Fisheries (Fees, Royalties and Levies) Regulations 2008[2] insert—
"(sb)Sea Urchin Fishery Access Licence;".
31Levies on general permits
(1)Regulation 27(1)(c) and (2)(c) of the Fisheries (Fees, Royalties and Levies) Regulations 2008 are revoked.
(2)In regulation 27(1)(b) of the Fisheries (Fees, Royalties and Levies) Regulations 2008, for "fishery;" substitute "fishery.".
(3)In regulation 27(2)(b) of the Fisheries (Fees, Royalties and Levies) Regulations 2008, for "units;" substitute "units.".
32Application and transfer fees for commercial fishery access licences
After item 19A in Schedule 1 to the Fisheries (Fees, Royalties and Levies) Regulations 2008 insert—
"19B Sea Urchin Fishery Access Licence 18×5 fee units Not applicable".
33Levies for access licences
In Schedule 2 to the Fisheries (Fees, Royalties and Levies) Regulations 2008—
(a)after item 20 in Part A insert—
"20A Sea Urchin Fishery Access Licence 34·6 fee units 20·8 fee units 31·5 fee units 7·9
fee units";(b)after item 20 in Part B insert—
"20A Sea Urchin Fishery Access Licence 51·5 fee units 30·9 fee units 47·0 fee units 11·7 fee units"; (c)after item 20 in Part C insert—
"20A Sea Urchin Fishery Access Licence 74·1 fee units 44·5 fee units 67·6 fee units 16·8 fee units".
34Grants levy for sea urchin access licences
After item 20 in Schedule 6 to the Fisheries (Fees, Royalties and Levies) Regulations 2008 insert—
"20A Sea Urchin Fishery Access Licence 32·1 fee units 9".
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ENDNOTES
[1] Reg. 4(1): S.R. No. 2/2009. Reprint No. 1 as at 11 October 2013. Reprinted to S.R. No. 18/2013. Subsequently amended by S.R. Nos 68/2013 and 5/2014.
[2] Reg. 30: S.R. No. 4/2008. Reprint No. 1 as at 1 April 2014. Reprinted to S.R. No. 5/2014.
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