Fisheries (Rock Lobster and Giant Crab) Regulations 2001 (Vic)
Fisheries (Rock Lobster and Giant Crab)
Regulations 2001
S.R. No. 118/2001
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1 2. Authorising provision 2 3. Commencement 2 4. Principal Regulations 2 5. Amendment to definitions 2 6. New Giant Crab Fishery 7 7. Closure of Tamboon Inlet Fishery 7 8. New Giant Crab Fishery Access Licence 8 9. Entitlements of new Giant Crab Fishery Access Licence 8
209A. Entitlements of Giant Crab Fishery Access Licence 8 10. Amendment to entitlements of Rock Lobster Fishery Access
Licence 8 11. Administrative matters relating to the new Giant Crab Fishery
Access Licence 9 12.
Exemption to conditions of every access licence 9 13.
Conditions of new Giant Crab Fishery Access Licence 9
307A. Conditions of a Giant Crab Fishery Access Licence 10 14. Amendments to conditions of Rock Lobster Fishery Access
Licence 21 15.
Closed season for giant crab 34 16.
Marking giant crab pots 34 17.
Forfeited Rock Lobster Quota 35 Division 1A—Forfeited Rock Lobster and Giant
Crab Quota 35
602A. Secretary may sell forfeited rock lobster quota by
tender 35
602B. Secretary may sell forfeited giant crab quota by tender 36
18. Application fee for transfer of individual quota units 36
622. Application fee for transfer of individual quota units 36
i
Regulation Page
19. Rock Lobster and Giant Crab Notification Services 36
627A. Secretary's obligations and powers relating to rock
lobster fishery 37 627B. Secretary's obligations and powers relating to giant
crab fishery 38
20. Offences in relation to documents 40
630A. Offence to receive rock lobster or giant crab from
licence holder without a catch disposal record 40 630B.
Offence to provide false or misleading information 40
21. Specifications for rock lobster pots 41
631. Specifications for certain fishing equipment 41
22. Transitional provisions for the giant crab fishery 42 711. Grounds for refusing to transfer a Giant Crab Fishery
Access Licence 42 712.
Expiry of regulations 42 713. Transitional provision for Giant Crab Fishery Access
Licences 42
23. Fees for Giant Crab Fishery Access Licences 43 24. New Schedule 18 inserted 43
═══════════════
ENDNOTES 46
ii
STATUTORY RULES 2001
S.R. No. 118/2001
Fisheries Act 1995
Fisheries (Rock Lobster and Giant Crab)
Regulations 2001
The Governor in Council makes the following Regulations:
Dated: 30 October 2001Responsible Minister:
CANDY BROAD
Minister for Energy and Resources
HELEN DOYE
Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are—
(a)
to amend the conditions for Rock Lobster Fishery Access Licences to enable the Rock Lobster Fishery to be managed by quota; and
(b) to create a Giant Crab fishery; and
(c)
to set out the entitlements of Giant Crab Fishery Access Licences; and
(d)
to prescribe conditions for Giant Crab Fishery Access Licences; and
(e)
to specify a closed season for the Giant Crab Fishery; and
(f) to close the Tamboon Inlet Fishery; and
(g)
to make other miscellaneous amendments to the Fisheries Regulations 1998.
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2. Authorising provision
These Regulations are made under section 153 of the Fisheries Act 1995.
3. Commencement
These Regulations come into operation on
16 November 2001.
4. Principal Regulations
In these Regulations, the Fisheries Regulations
19981 are called the Principal Regulations.
5. Amendment to definitions
(1) In regulation 105(2) of the Principal Regulations,
insert the following definitions—
' "catch disposal record" means an individually-
numbered record issued by the Secretary to Licence which provides for the recording of information in relation to the movement of rock lobster and giant crab from the place of landing;
the holder of a Rock Lobster Fishery Access
"catch disposal record book" means a book issued by the Secretary to the holder of a Rock Lobster Fishery Access Licence or Giant Crab Fishery Access Licence
containing catch disposal records;
"coff register" means an individually-numbered record issued by the Secretary to the holder of a Rock Lobster Fishery Access Licence
which provides for recording the movement
of rock lobster into and out of a coff;
"giant crab daily catch record" means an
individually-numbered record issued by the
Secretary to the holder of a Giant Crab
Fishery Access Licence which provides for
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
S.R. No. 118/2001 r. 5 the recording of information in relation to
the taking of giant crab under the licence on
any day;
"giant crab daily catch record book" means a
book issued by the Secretary to the holder of
a Giant Crab Fishery Access Licence
containing giant crab daily catch records;
"giant crab notification service" means the
telephone service and number notified to a Giant Crab Fishery Access Licence holder by the Secretary in accordance with
regulation 627B(1)(a) and includes the
automated response system which capturesthe information provided;
"giant crab pot" means any basket, box, net,
trap, cage or any other thing that is designed for use, or is capable of being used, for or in connection with the taking of giant crab, but does not include a recreational hoop net or
commercial hoop net;
"giant crab quota balance" means the amount of
taken by the holder of a Giant Crab Fishery
giant crab, in kilograms, permitted to be individual quota units that the licence holder holds under the licence minus the number of individual quota units taken in the quota period;
"rock lobster daily catch record" means an
individually-numbered record issued by the Fishery Access Licence which provides for the recording of information in relation to the taking of rock lobster under the licence on any day;
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| r. 5 | S.R. No. 118/2001 |
"rock lobster daily catch record book" means a book issued by the Secretary to the holder of a Rock Lobster Fishery Access Licence
containing rock lobster daily catch records;
"rock lobster notification service" means the telephone service and number notified to a Rock Lobster Fishery Access Licence holder
by the Secretary in accordance with
regulation 627A(1)(a) and includes the
automated response system which captures
the information provided;
"rock lobster quota balance" means the amount of rock lobster, in kilograms, permitted to be taken by the holder of a Rock Lobster
Fishery Access Licence by virtue of the number of individual quota units that the licence holder holds under the licence minus the number of individual quota units taken in the quota period;
"Secretary's confirmation number" means the number provided by the Secretary
(a)
to the holder of a Rock Lobster Fishery Access Licence in accordance with regulation 627A(2)(a); or
(b)
to the holder of a Giant Crab Fishery Access Licence in accordance with regulation 627B(2)(a);'.
(2) In regulation 105(2) of the Principal
Regulations—
(a) in the definition of "coff", after "Victorian waters" insert "except, in relation to rock lobster, where that thing is part of or attached to a boat"; and
(b)
in the definition of "specified details" after paragraph (d) insert—
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
S.R. No. 118/2001 r. 5 "(e) in respect of the prior reporting of
entering a port or mooring area with
rock lobster or on a day during which
rock lobster fishing takes place by the
holder of a Rock Lobster Fishery
Access Licence, the following details—(i) the number allocated by the Secretary to identify the licence;
(ii) the number of rock lobster on board the boat (if known);
(iii) the port or mooring area the boat will enter;
(iv) the estimated time at which the boat will enter the port or mooring area;
(v) whether rock lobster will be landed;
(vi) if landing rock lobster, the rock lobster will commence;
(f) in respect of the prior reporting of landing rock lobster from a coff by the holder of a Rock Lobster Fishery Access Licence, the following details— (i) the number allocated by the Secretary to identify the licence;
(ii) the number of rock lobster to be landed;
(iii) the estimated time at which rock lobster will be landed;
(iv) the port or mooring area at which the rock lobster will be landed;
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(g) in respect of the reporting of the the holder of a Rock Lobster Fishery Access Licence, the following details—
(i) the number allocated by the Secretary to identify the licence;
(ii) the estimated time at which the rock lobster will leave the place of landing;
(iii) the number of rock lobster landed under the licence;
(iv) the total net weight (in kilograms) of rock lobster landed under the licence;
(h) in respect of the prior reporting of entering a port or mooring area with giant crab or on a day during which giant crab fishing takes place by the holder of a Giant Crab Fishery Access Licence, the following details— (i) the number allocated by the Secretary to identify the licence;
(ii) the number of giant crab on board the boat;
(iii) the port or mooring area the boat will enter;
(iv) the estimated time at which the boat will enter the port or mooring area;
(v) whether giant crab will be landed;
(vi) if landing giant crab, the estimated crab will commence;
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
S.R. No. 118/2001 r. 6
(i) in respect of the reporting of the the holder of a Giant Crab Fishery Access Licence, the following details—
(i) the number allocated by the Secretary to identify the licence;
(ii) the estimated time at which the giant crab will leave the place of landing;
(iii) the number of giant crab landed under the licence;
(iv) the total net weight (in kilograms) of giant crab landed under the licence;".
6. New Giant Crab Fishery
In the Table in regulation 107 of the Principal
Regulations—
(a) after the item relating to "Eel" insert—
"Giant — Giant crab Victorian waters
Crab pots west of longitude
143°40' east";(b)
for the item relating to "Rock lobster" substitute—
"Rock — Rock —".
lobster lobster pots
7. Closure of Tamboon Inlet Fishery
(1) In the table in regulation 107 of the Principal
Regulations, omit the item relating to "Tamboon
Inlet".
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(2) In regulation 201(1) of the Principal Regulations,
paragraph (q) is revoked.
(3) Regulations 223 and 321 of the Principal
Regulations are revoked.
8. New Giant Crab Fishery Access Licence
After regulation 201(1)(f) of the Principal
Regulations insert—
"(fa) Giant Crab Fishery Access Licence;".9. Entitlements of new Giant Crab Fishery Access Licence
After regulation 209 of the Principal Regulations insert—
"209A. Entitlements of Giant Crab Fishery Access
Licence
A Giant Crab Fishery Access Licence authorises the licence holder to use a boat specified in the licence—
(a) to use a giant crab pot; and
(b)
to take for sale giant crab and fish (other than abalone, jellyfish, rock lobster, scallop and sea urchin); and
(c)
to use the assistance of one or more people to carry out any activity authorised under the licence—
in the waters specified in the licence.".
10. Amendment to entitlements of Rock Lobster Fishery Access Licence
In regulation 220(b) of the Principal
Regulations—
(a) after "abalone," insert "giant crab,"; and
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
S.R. No. 118/2001 r. 10
(b) omit "and, if authorised in the licence, giant crabs".
11. Administrative matters relating to the new Giant Crab Fishery Access Licence
(1) After regulation 232(c) of the Principal
Regulations insert
"(ca) Giant Crab Fishery Access Licence;".
(2) After regulation 233(a) of the Principal
Regulations insert
"(b) Giant Crab Fishery Access Licence;".
(3) After regulation 234(b) of the Principal
Regulations insert
"(c) Giant Crab Fishery Access Licence; and".
(4) After regulation 235(c) of the Principal
Regulations insert—
"(ca) Giant Crab Fishery Access Licence; and".
(5) After regulation 236(a) of the Principal
Regulations insert—
"(ab) Giant Crab Fishery Access Licence;".
12. Exemption to conditions of every access licence
After regulation 302(2) of the Principal
Regulations insert—"(3) Despite paragraphs (a) to (d) of sub-
regulation (2), the holder of a Rock Lobster Fishery Access Licence is exempt from the requirements relating to catch and effort returns specified in those paragraphs.".
13. Conditions of new Giant Crab Fishery Access Licence
After regulation 307 of the Principal Regulations
insert
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| r. 13 | S.R. No. 118/2001 |
'307A. Conditions of a Giant Crab Fishery Access
Licence
(1) A Giant Crab Fishery Access Licence is subject to the conditions specified in this regulation, in addition to any other
(2) The licence holder— conditions imposed on the licence by these section 52 of the Act.
(a) must not, during the closed season for male giant crab— (i) use any giant crab pot in any Victorian waters; or
(ii) leave or have any giant crab pot immersed or set in any Victorian waters; or
(iii) have on board a boat any giant crab or giant crab pot; and
(b) must not at any time—
(i) take any berried giant crabs; or
(ii) land or cause to be landed from any boat any berried giant crabs; or
(iii) possess berried giant crabs in Victoria; or
(iv) remove any eggs from a berried giant crab; and
(c)
must not, in, on or next to Victorian waters, possess, land or cause to be landed—
(i) any dismembered giant crab; or
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r. 13
S. R. No. 118/2001
(ii) any part of a giant crab; and
(d) must not take or attempt to take giant crab by the use of any equipment other than a giant crab pot; and (e) must not use or possess in, on or next to Victorian waters a giant crab pot unless the pot meets the specifications in regulation 631; and
(f) must not use or have on board a boat, more than the number of giant crab pots specified in the licence; and (g) must ensure that fish are not transferred in, under or on Victorian waters from the boat specified in the licence to any other boat; and (h) must ensure that fish are not sold, transferred or delivered to another person in, under or on Victorian waters; and
(i) must ensure that fish taken by a person who is not acting under the licence are not transferred in, under or on Victorian
waters to the possession or control of
the licence holder or anyone acting
under the licence (whether on board a
boat or not); and(j) must not take more than 8 wrasse on any one day; and (k) must not take, possess or land from any boat more than 2 banded morwong on any one day; and
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| r. 13 | S.R. No. 118/2001 |
(l) must not take giant crab if the giant crab quota unit balance in relation to the licence is zero or less; and (m) must not have on board a boat any giant crab pot if the giant crab quota unit balance in relation to the licence is zero or less; and (n) must not set or immerse a giant crab pot in Victorian waters if the giant crab quota unit balance in relation to the licence is zero or less; and (o) must not set or immerse a giant crab pot metres deep; and
(p) must ensure that not more than 20 giant crab pots are attached to a long line; and (q) must not haul or retrieve a giant crab pot set from a boat using another boat unless authorised by the Secretary; and (r) must ensure that any weight information required to be provided under the Act or these Regulations is accurate to within 0·1 kilograms of the actual weight; and (s) must ensure that all details of the giant crab daily catch record are completed in accordance with the instructions contained in the giant crab daily catch record book on each day during which giant crab fishing takes place before— (i) providing details to the Secretary in accordance with paragraph (v) via the giant crab notification
service; or
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
r. 13
S. R. No. 118/2001
(ii)
leaving Victorian waters if giant crab taken from Victorian waters is on board a boat; and
(t) must have the giant crab daily catch record book on board a boat whenever— (i) the licence holder or any person acting under the licence is on board the boat; or
(ii) giant crab is on board the boat; and
(u)
must ensure that the duplicate copy of the giant crab daily catch record for a particular month is sent to the Secretary
by the 14th day of the following month;
and(v) must ensure that—
(i) entering a port or mooring area on
any day between the hours of
9 a.m. and 5 p.m.—at least 30 minutes prior to (B) on a day during which giant
crab fishing takes place; or
(ii) at least 2 hours prior to entering a port or mooring area at any other time—
(A) with any giant crab; or
(B) on a day during which giantcrab fishing takes place—
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| r. 13 | S. | R. No. 118/2001 |
| the specified details are provided to the Secretary and confirmed as correct via the giant crab notification service; and |
(w) must ensure that no giant crab is landed prior to the time at which it was estimated via the giant crab notification service that landing would commence; and (x) must ensure that the landing of giant crab commences within 1 hour after the time at which it was estimated via the giant crab notification service that landing would commence; and
(y) must ensure that giant crab is not landed between 9 p.m. on any day and 6 a.m. on the following day; and (z) must ensure that any giant crab taken from Victorian waters is landed in Victoria at a port or mooring area specified in Schedule 18; and (za) must ensure that no giant crab is landed
at any place other than the port or
mooring area specified via the giant
crab notification service; and
(zb) must ensure that, no later than
20 minutes after landing and weighing
the giant crab but—
(i) before complying with
paragraph (zc); and(ii) before the giant crab leaves the place of landing—
the specified details are provided to the Secretary and confirmed as correct via the giant crab notification service; and
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
S.R. No. 118/2001 r. 13 (zc) must ensure that, no later than
20 minutes after landing and weighing
giant crab, all details of the catch
disposal record, including his or her
signature (or the signature of the person
acting under the licence), are entered on
the original and the duplicate copy of
the catch disposal records in respect of
all giant crab landed under the licence
in accordance with the instructions
contained in the catch disposal record
book; and
(zd) must not allow the giant crab to be sold or leave the place of landing or to enter any premises on which fish is processed
or held until the licence holder
(i) has received the Secretary's
confirmation number in respect of
that giant crab; and(ii) has recorded the confirmation number on the original and the duplicate copy of the catch
disposal record and signed the original and the duplicate copy
of it
unless authorised by the Secretary
under regulation 627B(2)(b) to proceed
with moving the giant crab from the
place of landing; and
(ze) must not allow the giant crab to be sold or leave the place of landing or to enter any premises on which fish is processed or held unless—
(i) the licence holder has complied with paragraph (zb); and
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| r. 13 | S. | R. No. 118/2001 |
|
the original catch disposal record leaves the landing site; and
(zf) must not allow more than 2 giant crab to be sold or leave the place of landing or to enter any premises on which fish is processed or held unless the original catch disposal record which
accompanies the giant crab is placed
into the waterproof envelope approved
or provided by the Secretary and the
envelope is sealed; and
(zg) if authorised by the Secretary under
regulation 627B(2)(b), must ensure that
the confirmation number provided by
the Secretary is recorded on the original
and the duplicate copy of the catch
disposal record and the original and the
duplicate copy of it are signed before
allowing the giant crab to be sold or to
leave the place of landing or to enter
any premises; and
(zh) must ensure that he, she or any person
acting under the licence does not
possess a signed catch disposal record
or a copy of the disposal record unless
all required details of the catch disposal
record have been completed in
accordance with the instructions
contained in the catch disposal record
book; and
(zi) must ensure that he, she or any person acting under the licence does not give, lend or make available to any person
other than an authorised officer a catch
disposal record, a copy of a catch
disposal record or catch disposal record
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
r. 13
S. R. No. 118/2001 book that has been issued to the licence
holder; and(zj) must ensure that all completed and
unused catch disposal records, catch
disposal record books, giant crab daily
catch records and giant crab daily catch
record books issued to the licence
holder are retained by the licence
holder for 3 years; and
(zk) must ensure that the duplicate copy of
each catch disposal record that has been
completed in respect of giant crab
landed by him, her or any person acting
under the licence is retained in the
catch disposal record book issued to the
licence holder; and
(zl) must ensure that the Secretary is
notified if a catch disposal record book or a giant crab daily catch record book is lost; and
(zm) must ensure that the Secretary is notified of the location of a catch disposal record book or a giant crab
daily catch record book if it is not
located on the boat or at the place of
landing; and
(zn) must ensure that, if an error occurs when he, she or any person acting under the licence is completing a catch
disposal record
(i) the words
"ERRORCANCELLED" are
written across the disposal record;
and
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| r. 13 | S. | R. No. 118/2001 |
|
used; and
(iii) the original of the cancelled Secretary within 48 hours and the duplicate copy is retained in the catch disposal record book.
(3) Despite sub-regulation (2)(a)(ii), a licence holder may leave or set or immerse a giant crab pot in Victorian waters during the
period commencing at 9 a.m. on
15 November each year until the opening of
the open season for giant crab.(4) Despite sub-regulation (2)(a)(iii), a licence
holder may have giant crab pots on board the
boat during the period commencing—
(a) 24 hours before the start of the opening of the open season for giant crab until the start of the opening of the open season for giant crab if the boat is in a port or mooring area specified in Schedule 18; and (b) at 9 a.m. on 15 November each year until the start of the opening of the open season for giant crab for the purposes of setting or immersing giant crab pots. (5) Despite sub-regulation (2)(d), a licence holder may take or attempt to take giant crab
by the use of a rock lobster pot if
(a)
the licence holder is also the holder of a Rock Lobster Fishery Access Licence; and
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
S.R. No. 118/2001 r. 13
(b) the rock lobster quota unit balance in relation to the Rock Lobster Fishery Access Licence is greater than zero; and (c) the rock lobster pot is set or immersed in Victorian waters less than 150 metres deep. (6) Despite sub-regulations (2)(g) and (2)(h),
fish may be transferred to the licence
holder's tender boat prior to landing if that
boat proceeds directly to the port or mooring
area nominated via the giant crab notification
service.
(7) Despite sub-regulation (2)(m), a licence
holder may have giant crab pots on board a
boat if—
(a) the boat is in a port or mooring area; or
(b) the boat is in transit with the approval of an authorised officer. (8) Sub-regulation (2)(v) does not apply to a licence holder if—
(a) the licence authorises the licence holder reporting requirements; and
(b) the licence holder has complied with any conditions of that authorisation. (9) Sub-regulations (2)(v)(ii) and (2)(y) do not apply to a licence holder if—
(a)
the following details are provided by the licence holder to the Secretary and confirmed as correct via the giant crab notification service at least 12 hours prior to landing giant crab—
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| r. 13 | S.R. No. 118/2001 |
(i) the number allocated by the Secretary to identify the licence;
(ii) the port or mooring area the boat will enter;
(iii) the estimated time at which the boat will enter the port or mooring area;
(iv) the estimated time at which the commence; and
(b) at least 30 minutes prior to entering the port or mooring area to land giant crab, the specified details are provided to the Secretary and confirmed as correct via the giant crab notification service.
(10) Despite sub-regulation (2)(x), a licence
holder may commence landing 1 hour or
more after the time at which it was estimated
that landing would commence via the giant
crab notification service if the licence holder
contacts the Secretary in accordance with
regulation 627B(1)(b) advising of his or her
intention to land giant crab 1 hour or more
after the estimated time and the new
estimated time at which the landing of giant
crab will commence.
(11) Sub-regulation (2)(z) does not apply to a licence holder if—
(a)
the licence authorises the licence holder to land giant crab at the port of Port Macdonnell; and
(b)
the licence holder provides to the Secretary and confirms as correct the specified details required to be
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
r. 13
S. R. No. 118/2001 provided by sub-regulation (2)(v) at
least 1 hour prior to entering the port of
Port Macdonnell—(i) with any giant crab; or
(ii) on a day during which giant crab fishing takes place; and
(c)
the licence holder has complied with any conditions of that authorisation.
(12) Despite sub-regulation (2)(za), a licence
holder may land giant crab at a place other than the port or mooring area specified via the giant crab notification service if—
(a) Secretary in accordance with regulation
the licence holder contacts the intention to land giant crab at another location at least 1 hour before giant crab is unloaded; or
(b) giant crab is landed in an emergency because of an impending or actual threat to the safety of the boat or its crew.
(13) Sub-regulation (2)(zb) does not apply to a licence holder if—
(a) the licence authorises the licence holder requirements; and
(b) the licence holder has complied with any conditions of that authorisation.'.
14. Amendments to conditions of Rock Lobster Fishery Access Licence
(1) In regulation 318 of the Principal Regulations—
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| r. 14 | S.R. No. 118/2001 |
(a) in sub-regulation (2)(a) after "closed season for" insert "male"; and (b) in sub-regulation (2)(a)(iii) omit ", giant crab"; and (c) in sub-regulation (2), for paragraph (b) "(b) must not at any time—
(i) take any berried rock lobster; or
(ii) land or cause to be landed from any boat any berried rock lobster; or
(iii) possess berried rock lobster in Victoria; or
(iv) remove any eggs from a berried rock lobster; and"; and
(d) in sub-regulation (2), paragraphs (c) and (d) are revoked; and (e) in sub-regulation (2)(e)(i) omit
"dismembered giant crab or"; and(f) in sub-regulation (2)(e)(ii) omit "part of a giant crab or"; and (g) in sub-regulation (2)(g) omit "is fitted with an escape gap which"; and (h) after sub-regulation (2)(j) insert "(ja) must ensure that fish are not sold, transferred or delivered to another person in, under or on Victorian waters;
and
(jb) must ensure that fish taken by a person who is not acting under the licence are not transferred in, under or on Victorian
waters to the possession or control of
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
r. 14
S. R. No. 118/2001 the licence holder or anyone acting
under the licence (whether on board a
boat or not); and"; and(i) in sub-regulation (2)(l) for "day." substitute "day; and"; and
(j) after sub-regulation (2)(l) insert "(m) must not take rock lobster if the rock lobster quota unit balance in relation to the licence is zero or less; and
(n) must not have on board a boat any rock lobster pot if the rock lobster quota unit balance in relation to the licence is zero or less; and (o) must not set or immerse a rock lobster pot in Victorian waters if the rock lobster quota unit balance in relation to the licence is zero or less; and (p) must not haul or retrieve a rock lobster pot set from a boat using another boat unless authorised by the Secretary; and (q) must ensure that any weight information required to be provided under the Act or these Regulations is accurate to within 0·1 kilograms of the actual weight; and (r) lobster daily catch record are completed
in accordance with the instructions
contained in the rock lobster daily catchmust ensure that all details of the rock rock lobster fishing takes place before—
(i) providing details to the Secretary in accordance with paragraph (u)
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| r. 14 | S.R. No. 118/2001 |
via the rock lobster notification
service; or
must have the rock lobster daily catch record book on board a boat whenever— leaving Victorian waters if rock waters is on board a boat; and (ii)
(s)
(i) the licence holder or any person acting under the licence is on board the boat; or
(ii) rock lobster is on board the boat; and
(t)
must ensure that the duplicate copy of the rock lobster daily catch record for a particular month is sent to the Secretary by the 14th day of the following month; and
(u) must ensure that—
(i) port or mooring area in the eastern
rock lobster zone on any day
between the hours of 9 a.m. and
5 p.m.—at least 1 hour prior to entering a (B) on any day during which
rock lobster fishing takes
place; or
(ii) entering a port or mooring area in
the western rock lobster zone on
any day between the hours ofat least 30 minutes prior to (A) with any rock lobster; or
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
S.R. No. 118/2001 r. 14 (B) on any day during which rock lobster fishing takes place; or
(iii) at least 2 hours prior to entering a port or mooring area at any other time—
(A) with any rock lobster; or (B) on any day during which
rock lobster fishing takes
place—
the specified details are provided to the Secretary and confirmed as correct via the rock lobster notification service;
and
(v) rock lobster on board the boat is not
known at the time of providing the
specified details in accordance with
paragraph (u), the following details are
provided to the Secretary and
confirmed as correct via the rock
lobster notification service after haulingmust ensure that, if the number of 5 minutes prior to landing rock lobster—
(i) the number allocated by the Secretary to identify the licence;
(ii) the number of rock lobster on board the boat; and
(w)
must ensure that at least 1 hour prior to landing any rock lobster from a coff, the specified details are provided to the Secretary and confirmed as correct via the rock lobster notification service; and
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
| r. 14 | S.R. No. 118/2001 |
(x) must ensure that no rock lobster is landed prior to the time at which it was estimated via the rock lobster notification service that the landing would commence; and
(y)
must ensure that the landing of rock lobster commences within 1 hour after the time at which it was estimated via the rock lobster notification service that the landing would commence; and
(z)
must ensure that rock lobster is not landed between 9 p.m. on any day and 6 a.m. on the following day; and
(za) must ensure that any rock lobster taken
from Victorian waters is landed in Victoria at a port or mooring area specified in Schedule 18; and
(zb) must ensure that no rock lobster is
landed at any place other than the port or mooring area specified via the rock lobster notification service; and
(zc) must ensure that, no later than
20 minutes after landing and weighing
the rock lobster but—
(i) before complying with
paragraph (zc); and(ii) before the rock lobster leaves the place of landing—
the specified details are provided to the Secretary and confirmed as correct via the rock lobster notification service;
and
(zd) must ensure that, no later than
20 minutes after landing and weighing
rock lobster, all details of the catch
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
r. 14
S. R. No. 118/2001 disposal record, including his or her
signature (or the signature of the person
acting under the licence), are entered on
the original and the duplicate copy of
the catch disposal records in respect of
all rock lobster landed under the licence
in accordance with the instructions
contained in the catch disposal record
book; and(ze) must not allow the rock lobster to be
sold or leave the place of landing or to
enter any premises on which fish is
processed or held until the licence
holder
(i) has received the Secretary's
confirmation number in respect of
that rock lobster; and(ii) has recorded the confirmation number on the original and the duplicate copy of the catch
disposal record and signed the
original and the duplicate copy ofit
unless authorised by the Secretary
under regulation 627A(2)(b) to proceed
with moving the rock lobster from the
place of landing; and(zf) must not allow the rock lobster to be
sold or leave the place of landing or to
enter any premises on which fish is
processed or held unless the licence
holder—
(i) has complied with paragraph (zb); and
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
| r. 14 | S. | R. No. 118/2001 |
|
(zg) must not allow more than 2 rock lobster
to be sold or leave the place of landing or to enter any premises on which fish is processed or held unless the original catch disposal record which
accompanies the rock lobster is placed into the waterproof envelope approved or provided by the Secretary and the
envelope is sealed; and
(zh) if authorised by the Secretary under
regulation 627A(2)(b), must ensure that
the confirmation number provided by
the Secretary is recorded on the original
and the duplicate copy of the catch
disposal record and the original and the
duplicate copy of it are signed before
allowing the rock lobster to be sold or
to leave the place of landing or to enter
any premises (whether landed from a
boat or a coff); and
(zi) must ensure that he, she or any person
acting under the licence does not
possess a signed catch disposal record
or a copy of the disposal record unless
all required details of the catch disposal
record have been completed in
accordance with the instructions
contained in the catch disposal record
book; and
(zj) must ensure that he, she or any person acting under the licence does not give, lend or make available to any person
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
r. 14
S. R. No. 118/2001 other than an authorised officer a catch
disposal record, a copy of a catch
disposal record or catch disposal record
book that has been issued to the licence
holder; and(zk) must ensure that all completed and
unused catch disposal records, catch
disposal record books, rock lobster
daily catch records and rock lobster
daily catch record books issued to the
licence holder are retained by the
licence holder for 3 years; and
(zl) must ensure that the duplicate copy of
each catch disposal record that has been
completed in respect of rock lobster
landed by him, her or any person acting
under the licence is retained in the
catch disposal record book issued to the
licence holder; and
(zm) must ensure that the Secretary is
notified if a catch disposal record book
or a rock lobster daily catch record
book is lost; and
(zn) must ensure that the Secretary is notified of the location of a catch disposal record book or a rock lobster
daily catch record book if it is not
located on the boat or at the place of
landing; and
(zo) must ensure that, if an error occurs when he, she or any person acting under the licence is completing a catch
disposal record
(i) the words
"ERRORCANCELLED" are
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
| r. 14 | S.R. No. 118/2001 |
written across the disposal record;
and(ii) the next sequentially numbered document in that catch disposal record book or a new book is
used; and
(iii) the original of the cancelled Secretary within 48 hours and the duplicate copy is retained in the catch disposal record book; and
(zp) must not possess or use a coff or load any rock lobster into a coff unless the licence authorises the use of the coff; and
(zq) must not possess or use more than
3 coffs; and
(zr) must not use a coff at a location other
than the location authorised by the
licence; and
(zs) must ensure that a coff is readily
accessible for inspection and that its
contents are securely stored; and
(zt) must record the following matters in the
coff register for the coff immediately
after rock lobster is loaded into or
unloaded from a coff—
(i) the time and date when rock unloaded from a coff;
(ii) the number of rock lobster loaded into and unloaded from a coff;
(iii) the number of rock lobster held in a coff after each movement of
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
S.R. No. 118/2001 r. 14 rock lobster into or out of the coff;
and(zu) must ensure that the coff register is on board on any day during which there is rock lobster in the coff."; and
(k) in sub-regulation (3), for "12 hours before" substitute "at 9 a.m. on 15 November each year until the opening of"; and
(2) In regulation 318 of the Principal Regulations, for
sub-regulation (4) substitute—
"(4) Despite sub-regulation (2)(a)(iii), a licence
holder may have rock lobster pots on board
the boat during the period commencing—
(a)
24 hours before the start of the opening of the open season for rock lobster until the start of the opening of the open
season for rock lobster if the boat is in a
port or mooring area specified in
Schedule 18; and(b)
at 9 a.m. on 15 November each year until the start of the opening of the open season for rock lobster for the purposes of setting or immersing rock lobster pots.".
(3) After regulation 318(6) of the Principal
Regulations insert—
"(7) Despite sub-regulations (2)(j) and (2)(ja),
fish may be transferred to the licence
holder's tender boat prior to landing if that
boat proceeds directly to the port or mooring
area nominated via the rock lobster
notification service.(8) Despite sub-regulation (2)(n), a licence
holder may have rock lobster pots on board a
boat if—
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
| r. 14 | S.R. No. 118/2001 |
(a) the boat is in a port or mooring area; or
(b) the boat is in transit with the approval of an authorised officer. (9) Sub-regulations (2)(u) and (2)(w) do not apply to a licence holder if—
(a) the licence authorises the licence holder reporting requirements; and
(b) the licence holder has complied with any conditions of that authorisation. (10) Sub-regulations (2)(u)(iii) and (2)(z) do not apply to a licence holder if—
(a) the licence holder to the Secretary and
confirmed as correct via the rockthe following details are provided by 12 hours prior to landing rock lobster—
(i) the number allocated by the Secretary to identify the licence;
(ii) the port or mooring area the boat will enter;
(iii) the estimated time at which the boat will enter the port or mooring area;
(iv) the estimated time at which the commence; and
(b) at—
(i) least 1 hour prior to entering a port or mooring area in the eastern
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
S.R. No. 118/2001 r. 14 rock lobster zone to land rock
lobster; or(ii) at least 30 minutes prior to entering a port or mooring area in the western rock lobster zone to land rock lobster—
the specified details are provided to the Secretary and confirmed as correct via the rock lobster notification service.
(11) Despite sub-regulation (2)(y), a licence
holder may commence landing 1 hour or
more after the time at which it was estimated
that landing would commence via the rock
lobster notification service if the licence
holder contacts the Secretary in accordance
with regulation 627A(1)(b) advising of his or
her intention to land rock lobster 1 hour or
more after the estimated time and the new
estimated time at which the landing of giant
crab will commence.
(12) Sub-regulation (2)(za) does not apply to a licence holder if—
(a) the licence authorises the licence holder to land rock lobster at a port or mooring area at Port Macdonnell or Eden; and (b) Secretary and confirms as correct the
specified details required to bethe licence holder provides to the least 1 hour prior to entering the port or mooring area at Port Macdonnell or Eden—
(i) with any rock lobster; or
(ii) on any day during which rock lobster fishing takes place; and
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
| r. 15 | S.R. No. 118/2001 |
(c) the licence holder has complied with any conditions of that authorisation. (13) Despite sub-regulation (2)(zb), a licence
holder may land rock lobster at a place other
than the port or mooring area specified via
the rock lobster notification service if—
(a) the licence holder contacts the Secretary in accordance with regulation 627A(1)(b) advising of his or her intention to land rock lobster at another location at least 1 hour before rock lobster is unloaded; or (b) rock lobster is landed in an emergency because of an impending or actual threat to the safety of the boat or its crew. (14) Sub-regulation (2)(zc) does not apply to a licence holder if—
(a) the licence authorises the licence holder requirements; and
(b)
the licence holder has complied with any conditions of that authorisation.".
15. Closed season for giant crab
In the Table in regulation 506(1) of the Principal Regulations, after the item relating to "Abalone,
greenlip" insert
"Giant crab All Victorian 1 June to 15 November (female) waters in each year Giant crab All Victorian 1 September to 15 (male) waters November in each year".
16. Marking giant crab pots
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
S.R. No. 118/2001 r. 16
(1) In regulation 527(a)(i) of the Principal
Regulations omit ", crab pot".
(2) After regulation 527(b) of the Principal
Regulations insert—
'(ba) must ensure that any giant crab pot used by
the licence holder is attached to a buoy or
flag and is clearly and legibly marked with
the registration number of the boat used in
the setting of that equipment and with the
letter "G" as a prefix to the registrationnumber of the boat; and
(bb) must ensure that, in addition to the
requirements set out in paragraph (ba), the
buoy or flag attached to any giant crab pot is
clearly and legibly marked with the letter
"L" as a prefix to the letter "G" if the giantcrab pot is attached to a long line; and'.
17. Forfeited Rock Lobster Quota
After regulation 602 of the Principal Regulations insert—
"Division 1A—Forfeited Rock Lobster and
Giant Crab Quota
602A. Secretary may sell forfeited rock lobster
quota by tender
If a court orders the forfeiture of an holder of a Rock Lobster Fishery Access Licence authorised to take rock lobster in the rock lobster fishing zone in which the quota unit had been allocated to purchase the quota
individual quota unit under section 66 of the
Act and if the Secretary determines that the
quota unit should be allocated to one or more
holders of a Rock Lobster Fishery Access
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
| r. 18 | S.R. No. 118/2001 |
unit by tender in the manner set out in the
invitation.
602B. Secretary may sell forfeited giant crab
quota by tender
If a court orders the forfeiture of an holder of a Giant Crab Fishery Access Licence to purchase the quota unit by tender in the manner set out in the invitation.".
individual quota unit under section 66 of the
Act and if the Secretary determines that the
quota unit should be allocated to one or more
holders of a Giant Crab Fishery Access
18. Application fee for transfer of individual quota units
For regulation 622 of the Principal Regulations substitute—
"622. Application fee for transfer of individual
quota units
The application fee for the transfer of individual quota units is—
(a) $176 for the Abalone Fishery; and
(b) $33 for the Giant Crab Fishery; and
(c) $33 for the Rock Lobster Fishery; and(d) $33 for the Scallop (Ocean) Fishery.".
19. Rock Lobster and Giant Crab Notification Services
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
S.R. No. 118/2001 r. 19 After regulation 627 of the Principal Regulations insert—
"627A. Secretary's obligations and powers relating
to rock lobster fishery
(1) The Secretary must notify, in writing, each
holder of a Rock Lobster Fishery Access Licence (or any person acting under that licence) of—
(a) the telephone service and number to be used to notify the Secretary of the specified details in relation to rock lobster; and (b) the telephone number to be used to contact the Secretary if the Secretary's confirmation number is not received or for any other purpose required by these Regulations; and (c) any changes to those services or numbers. (2) In respect of each notification by a holder of
a Rock Lobster Fishery Access Licence (or
any person acting under that licence) via the
rock lobster notification service—
(a)
the Secretary must make all reasonable efforts to provide the licence holder (or any person acting under that licence)
with the Secretary's confirmation
number via the rock lobster notification
service as soon as is practicable after
the licence holder (or any person acting
under that licence) has confirmed that
the specified details are correct; and(b)
if a licence holder (or any person acting under that licence)—
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
| r. 19 | S.R. No. 118/2001 |
(i) has not received the Secretary's lobster notification service; or
(ii) is unable to confirm that the specified details are correct—
the Secretary may—
(iii) any person acting under that
licence) to proceed with moving
the rock lobster from the place of
landing without receiving theauthorise the licence holder (or and
(iv) confirmation number for the
issue the licence holder with a and
(c)
the specified details will be stored via the automated response system as a record of the notification.
(3) Sub-regulation (2)(a) does not apply if the
Secretary determines that there are reasonable grounds for believing that the licence holder (or any person acting under that licence) has failed to comply with these Regulations.
627B. Secretary's obligations and powers relating
to giant crab fishery
(1) The Secretary must notify, in writing, each
holder of a Giant Crab Fishery Access licence) of—
(a)
the telephone service and number to be used to notify the Secretary of the
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
r. 19
S. R. No. 118/2001 specified details in relation to giant
crab; and
(b) the telephone number to be used to contact the Secretary if the Secretary's confirmation number is not received or for any other purpose required by these Regulations; and (c) any changes to those services or numbers. (2) In respect of each notification by a holder of a Giant Crab Fishery Access Licence (or any person acting under that licence) via the
giant crab notification service—
(a)
the Secretary must make all reasonable efforts to provide the licence holder (or any person acting under that licence)
with the Secretary's confirmation
number via the giant crab notification
service as soon as is practicable after
the licence holder (or any person acting
under that licence) has confirmed that
the specified details are correct; and(b)
if a licence holder (or any person acting under that licence)—
(i) has not received the Secretary's crab notification service; or
(ii) is unable to confirm that the specified details are correct—
the Secretary may—
(iii) any person acting under that
authorise the licence holder (or the giant crab from the place of landing without receiving the
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
| r. 20 | S.R. No. 118/2001 |
Secretary's confirmation number;
and
(iv) confirmation number for the
issue the licence holder with a and
(c)
the specified details will be stored via the automated response system as a record of the notification.
(3) Sub-regulation (2)(a) does not apply if the
Secretary determines that there are reasonable grounds for believing that the licence holder (or any person acting under that licence) has failed to comply with these Regulations.".
20. Offences in relation to documents
After regulation 630 of the Principal Regulations insert—
"630A. Offence to receive rock lobster or giant crab
from licence holder without a catch
disposal record
A person who receives rock lobster or giant
crab from the holder of a Rock Lobster
Fishery Access Licence or a Giant Crab
Fishery Access Licence (or any person
acting under such a licence) at the place
where the rock lobster or giant crab was
landed must hold the original of the relevant
catch disposal record for the period during
which the person possesses or has control of
the rock lobster or giant crab.Penalty: 20 penalty units.
630B. Offence to provide false or misleading
information
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
S.R. No. 118/2001 r. 21 A person must not, in a document or via the
giant crab notification service or rock lobster
notification service, provide information
required under these Regulations that the
person knows to be false or misleading in a
material particular.Penalty: 20 penalty units.".
21. Specifications for rock lobster pots
For regulation 631 of the Principal Regulations substitute—
"631. Specifications for certain fishing equipment
(1) The specifications for—
(a)
a rock lobster pot are as specified in sub-regulations (2) and (3); and
(b)
a giant crab pot are as specified in sub- regulation (2).
(2) A rock lobster pot or giant crab pot must—
(a) only have one neck or entrance; and
(b) comprise of only one chamber capable of trapping rock lobster or giant crab; and (c) have one or more escape gaps in its side which comply with sub-regulation (4). (3) A rock lobster pot must not be more than 150 centimetres long by 150 centimetres wide by 120 centimetres high.
(4) An escape gap must—
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
| r. 22 | S.R. No. 118/2001 |
(a) at least 25 centimetres long by
be a rectangular opening measuring in the rock lobster pot or giant crab pot so that the bottom edge of the orifice is not less than 7 centimetres or more than 10 centimetres from the inside surface of the bottom of the rock lobster pot or giant crab pot; and
(b) be formed—
(i) using a solid steel bar of at least 1·2 centimetres square section or 1·2 centimetres diameter; or
(ii) from steel plate that is at least 0·2 centimetres thick and in a manner so that the metal surround
is at least 3 centimetres in depth.".
22. Transitional provisions for the giant crab fishery
After regulation 710 of the Principal Regulations insert—
"711. Grounds for refusing to transfer a Giant Crab Fishery Access Licence
The Secretary must not grant an application
for the transfer of a Giant Crab Fishery
Access Licence unless the proposed
transferee is the holder of a Rock LobsterFishery Access Licence.
712. Expiry of regulations
Regulations 307A(2)(f), 318(2)(h), 318(2)(i)
and 711 expire on 15 November 2003.713. Transitional provision for Giant Crab Fishery Access Licences
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
S.R. No. 118/2001 r. 23
(1) A licence holder who immediately before
16 November 2001 was the holder of a Rock western rock lobster zone which authorised the licence holder to take giant crabs is deemed to also hold a Giant Crab Fishery Access Licence until the date on which the Rock Lobster Fishery Access Licence is due to be renewed.
(2) A person to whom sub-regulation (1) applies
is—
(a)
also deemed to be authorised by that deemed Giant Crab Fishery Access Licence to use and have on board a boat the number of giant crab pots equal to the number of rock lobster pots the licence holder was authorised to use under the licence holder's Rock Lobster Fishery Access Licence as at 30 June 2001; and
(b)
exempt from payment of the levy imposed under regulation 617 in respect of the period during which the
person is deemed to hold a Giant Crab
Fishery Access Licence.".
23. Fees for Giant Crab Fishery Access Licences
In Schedule 12 to the Principal Regulations, after item 9 insert—
"10. Giant Crab Fishery $172 $172 $400". Access Licence
24. New Schedule 18 inserted
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
| r. 24 | S.R. No. 118/2001 |
After Schedule 17 to the Principal Regulations, insert—
"SCHEDULE 18
PORTS AND MOORING AREAS AT WHICH
ROCK LOBSTER AND GIANT CRAB MAY BE
LANDED
Anglesea
Apollo Bay
Barwon Heads
Cape Bridgewater
Cape Conran
Flinders
Kennett River
Inverloch
Lakes Entrance
Lorne
Mallacoota
Marlo
McLaughlin's Beach
Port Albert
Port Campbell
Port Fairy
Portland
Port Welshpool
Queenscliff
San Remo
Sorrento
Torquay
Ventnor
Walkerville South
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
S.R. No. 118/2001 r. 24 Warrnambool".
═══════════════
Fisheries (Rock Lobster and Giant Crab) Regulations 2001
| Endnotes | S.R. No. 118/2001 |
ENDNOTES
1 Reg. 3: S.R. No. 23/1998. Reprint No. 2 as at 22 May 2001. Reprinted to
S.R. No. 43/2001 and amended by S.R. No. 78/2001.
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