Untitled document

Fisheries Amendment Regulations 2016

S.R. No. 95/2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Additional types of recreational fishing equipment prescribed for the purposes of the Act

7New Division 2A of Part 2 inserted

8Licence holder to be in presence of crew

9Minimum sizes

10Maximum size for dusky flathead

11Minimum sizes for abalone

12Catch limit for abalone

13Exemptions relating to receipt of non-commercial quantities of abalone

14Exemptions relating to receipt or possession of commercial quantities of abalone

15Activities authorised by a Giant Crab Fishery (Western Zone) Access Licence

16Amendment to Schedule 13—Ports and mooring areas at which rock lobster and giant crab may be landed

17Amendment to Schedule 15—Offences prescribed for the purposes of section 127 of the Act

18Substitution of Schedule 19—Recreational reef zones

19Amendment to Schedule 21—Sea urchin zones and ports and mooring areas

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Endnotes

STATUTORY RULES 2016

S.R. No. 95/2016

Fisheries Act 1995

Fisheries Amendment Regulations 2016

The Governor in Council makes the following Regulations:

Dated: 2 August 2016

Responsible Minister:

JAALA PULFORD
Minister for Agriculture

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Fisheries Regulations 2009—

(a)to provide that certain fishing equipment may be used or possessed by commercial and recreational fishers; and

(b)to make other amendments relating to size limits for dusky flathead; and

(c)to make amendments relating to size limits, catch limits and exemptions relating to the receipt or possession of abalone; and

(d)to make other miscellaneous amendments.

2Authorising provision

These Regulations are made under section 153 of the Fisheries Act 1995.

3Commencement

These Regulations come into operation on 8 August 2016.

4Principal Regulations

In these Regulations, the Fisheries Regulations 2009[1] are called the Principal Regulations.

5Definitions

In regulation 5 of the Principal Regulations, in the definition of recreational reef zone, for "specified by" substitute "described by reference to".

6Additional types of recreational fishing equipment prescribed for the purposes of the Act

In regulation 6(3) of the Principal Regulations, for paragraph (o) substitute—

"(o)an open top lift net;

(p)a winch for the purposes of deploying or retrieving an anchor on a boat used in connection with the taking of fish;

(q)a sonar device used in connection with the taking of fish;

(r)a satellite global positioning system receiver used in connection with the taking of fish.".

7New Division 2A of Part 2 inserted

After regulation 37 of the Principal Regulations insert—

"Division 2A—Activities authorised by every access licence

37AActivities authorised by every access licence

An access licence authorises the licence holder to use and possess the following commercial fishing equipment in, on or next to Victorian waters—

(a)a winch for the purposes of deploying or retrieving an anchor on a boat used in connection with the taking of fish;

(b)a sonar device used in connection with the taking of fish;

(c)a satellite global positioning system receiver used in connection with the taking of fish.

Note

In addition to the equipment specified in this regulation, the holder of an access licence may be authorised to use or possess other types of commercial fishing equipment under Parts 7, 8, 9, 10, 11 or 11A (as the case may be) or the Secretary may specify other types of commercial fishing equipment that may be used or possessed in the access licence under regulation 33.".

8Licence holder to be in presence of crew

For regulation 60(2) of the Principal Regulations substitute—

"(2)Subregulation (1)(a) and (b) do not apply to the holder of an abalone fishery access licence, a Gippsland Lakes (Mussel Dive) Fishery Access Licence, a Scallop Dive (Port Phillip Bay) Fishery Access Licence or a Sea Urchin Fishery Access Licence.".

9Minimum sizes

In the Table at the foot of regulation 118(1) of the Principal Regulations—

(a)for item 6 substitute—

"6 Flathead (all species except dusky flathead) 27";

(b)after item 6 insert—

"6A Dusky flathead 30".

10Maximum size for dusky flathead

After regulation 118 of the Principal Regulations insert—

"118A   Maximum size for dusky flathead

(1)For the purposes of the Act, the maximum size for dusky flathead is 55 centimetres.

Note

There are offences in sections 68A and 68B of the Act relating to taking or possessing fish that are more than the maximum size specified for that species of fish in these Regulations. Various penalties apply.

(2)Subregulation (1) does not apply to a person who takes or possesses dusky flathead that is more than the maximum size for dusky flathead if—

(a)the person—

(i)is the holder of, or is acting on behalf of the holder of, an access licence or a permit authorising the taking or possession of dusky flathead of that size; and

(ii)takes or possesses dusky flathead in accordance with that licence or permit, the Act and these Regulations; or

(b)the person is the holder of, or is acting on behalf of the holder of, an aquaculture licence authorising the hatching, rearing, breeding, displaying or growing of dusky flathead, and possesses the dusky flathead in accordance with the licence, the Act and these Regulations.".

11Minimum sizes for abalone

In the Table at the foot of regulation 235(1) of the Principal Regulations, in Column 4 of item 1, opposite paragraph (a), for "12" substitute "13".

12Catch limit for abalone

In regulation 241(6) of the Principal Regulations—

(a)in paragraph (a)(ii) omit "not more than 60 days previously";

(b)in paragraph (b)(ii) omit "not more than 72 hours previously";

(c)in paragraph (c) omit "not more than 60 days previously";

(d)in paragraph (d) omit "not more than 72 hours previously".

13Exemptions relating to receipt of non-commercial quantities of abalone

In regulation 316 of the Principal Regulations—

(a)in paragraph (b)(i) omit "not more than 60 days previously";

(b)in paragraph (b)(ii) omit "not more than 72 hours previously";

(c)in paragraph (b)(iii) omit "not more than 60 days previously";

(d)for paragraph (c) substitute—

"(c)the person receives the abalone from a person in a place outside Victoria for storage or sale and the abalone is marked or labelled with an abalone label; or".

14Exemptions relating to receipt or possession of commercial quantities of abalone

In regulation 317 of the Principal Regulations—

(a)in paragraph (a)(ii) omit "not more than 72 hours previously";

(b)in paragraph (b)(ii) omit "not more than 60 days previously";

(c)in paragraph (c)(ii) omit "not more than 72 hours previously";

(d)for paragraph (d) substitute—

"(d)the person received the abalone from a person in a place outside Victoria and the abalone is marked or labelled with an abalone label; or".

15Activities authorised by a Giant Crab Fishery (Western Zone) Access Licence

For regulation 373(1)(c) of the Principal Regulations substitute—

"(c)the taking for sale of giant crab and fish (other than abalone, rock lobster, jellyfish, scallop and sea urchin);".

16Amendment to Schedule 13—Ports and mooring areas at which rock lobster and giant crab may be landed

In Schedule 13 to the Principal Regulations, after "Cape Conran" insert "Cowes".

17Amendment to Schedule 15—Offences prescribed for the purposes of section 127 of the Act

In Schedule 15 to the Principal Regulations, in Columns 1 and 2, after—

"Section 53(1) of the Act              3 years" insert—

"Section 53(4) of the Act              3 years".

18Substitution of Schedule 19—Recreational reef zones

For Schedule 19 to the Principal Regulations substitute—

"Schedule 19—Recreational reef zones

Regulation 5

Column 1 Recreational reef zone	Column 2 Corner of zone	Column 3 Latitude	Column 4 Longitude
Aspendale	NW	-38˚ 01' 53''	+145˚ 04' 17''
NE	-38˚ 01' 54''	+145˚ 04' 58''
SE	-38˚ 02' 26''	+145˚ 04' 57''
SW	-38˚ 02' 25''	+145˚ 04' 16''
Frankston	NW	-38˚ 08' 12''	+145˚ 05' 08''
NE	-38˚ 08' 13''	+145˚ 05' 50''
SE	-38˚ 08' 46''	+145˚ 05' 49''
SW	-38˚ 08' 45''	+145˚ 05' 08''
Column 1 Recreational reef zone	Column 2 Corner of zone	Column 3 Latitude	Column 4 Longitude
Metung	NW	-37˚ 53' 02''	+147˚ 51' 37''
NE	-37˚ 53' 04''	+147˚ 51' 41''
SE	-37˚ 53' 11''	+147˚ 51' 39''
SW	-37˚ 53' 09''	+147˚ 51' 35''
Nungurner	N	-37˚ 53' 04''	+147˚ 53' 25''
E	-37˚ 53' 06''	+147˚ 53' 27''
S	-37˚ 53' 12''	+147˚ 53' 23''
W	-37˚ 53' 10''	+147˚ 53' 20''
Seaford	NW	-38˚ 04' 58''	+145˚ 05' 37''
NE	-38˚ 04' 59''	+145˚ 06' 18''
SE	-38˚ 05' 31''	+145˚ 06' 17''
SW	-38˚ 05' 30''	+145˚ 05' 36''
Torquay	N	-38˚ 19' 50''	+144˚ 22' 30''
E	-38˚ 19' 57''	+144˚ 22' 35''
S	-38˚ 20' 11''	+144˚ 22' 19''
W	-38˚ 20' 04''	+144˚ 22' 14''

".

19Amendment to Schedule 21—Sea urchin zones and ports and mooring areas

In Part 2 of Schedule 21 to the Principal Regulations, after "Apollo Bay Boat Ramp" insert "Avalon Boat Ramp".

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Endnotes

[1] Reg. 4: 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 168/2013, 5/2014, 96/2014, 10/2016 and 71/2016.