Fisheries Management Amendment Regulations 2009 (No. 1) (Cth)

Fisheries Management Amendment Regulations 2009 (No. 1)¹

Select Legislative Instrument 2009 No. 90

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fisheries Management Act 1991.

Dated 4 June 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

TONY BURKE

Minister for Agriculture, Fisheries and Forestry

Name of Regulations

These Regulations are the Fisheries Management Amendment Regulations 2009 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Fisheries Management Regulations 1992

Schedule 1 amends the Fisheries Management Regulations 1992.

Schedule 1 Amendments

(regulation 3)

[1] Subregulation 3 (1), definition of approved logbook

omit

[2] Subregulation 3 (1), definition of coast radio station

omit

Australia and Overseas Telecommunications Corporation.

insert

Australian and Overseas Telecommunications Corporation.

[3] Subregulation 3 (1), definition of logbook

omit

[4] Subregulation 3 (1), definition of relevant offence

substitute

relevant offence means an offence against section 93 or 95 of the Act.

[5] Part 9

substitute

Part 9 References to areas of the AFZ

References to areas of the AFZ

For paragraph 168 (2) (p) of the Act, an area of the AFZ referred to in column 2 of an item in Schedule 3 may be described using the short method of reference set out in column 3 of the item.

[6] Regulations 52 and 53

substitute

Application of Division

This Division applies to the holder of a fishing concession (the holder) that:

(a)in the case of a fishing permit or foreign fishing licence — authorises the use of a boat for fishing in Victorian waters; or

(b)in the case of a statutory fishing right — includes the right to take fish in Victorian waters.

Holder of fishing concession not to exceed catch limits

For paragraph 14 (1) (a) of the Act, the holder must not take a quantity of fish that exceeds a catch limit set out in this Division.

Penalty: 25 penalty units.

53AMeaning of where fish are taken

For paragraph 14 (1) (a) of the Act, if the holder lands fish that are mentioned in this Division at a place on or within the coastline of Victoria, the holder is taken to have taken the fish in Victorian waters.

[7] Regulations 57 and 58

substitute

Application of Division

This Division applies to the holder of a fishing concession (the holder) that:

(a)in the case of a fishing permit or foreign fishing licence — authorises the use of a boat for fishing in South Australian waters; or

(b)in the case of a statutory fishing right — includes the right to take fish in South Australian waters.

Holder of fishing concession not to exceed catch limits

For paragraph 14 (1) (a) of the Act, the holder must not take a quantity of fish that exceeds a catch limit set out in this Division.

Penalty: 25 penalty units.

58AMeaning of where fish are taken

For paragraph 14 (1) (a) of the Act, if the holder lands fish that are mentioned in this Division at a place on or within the coastline of South Australia, the holder is taken to have taken the fish in South Australian waters.

[8] Regulations 62 and 63

substitute

Application of Division

This Division applies to the holder of a fishing concession (the holder) that:

(a)in the case of a fishing permit or foreign fishing licence — authorises the use of a boat for fishing in Tasmanian waters; or

(b)in the case of a statutory fishing right — includes the right to take fish in Tasmanian waters.

Holder of fishing concession not to exceed catch limits

For paragraph 14 (1) (a) of the Act, the holder must not take a quantity of fish that exceeds a catch limit set out in this Division.

Penalty: 25 penalty units.

63AMeaning of where fish are taken

For paragraph 14 (1) (a) of the Act, if the holder lands fish that are mentioned in this Division at a place on or within the coastline of Tasmania, the holder is taken to have taken the fish in Tasmanian waters.

[9] Schedule 3, heading

substitute

Schedule 3 Short methods of reference to areas of the AFZ

(regulation 31)

[10] Schedule 6, heading

substitute

Schedule 6 Catch limits — Victorian, South Australian and Tasmanian waters

(regulations 47, 54, 55, 56, 59, 60, 61, 64, 65, 66 and 67)

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See