Untitled document

Fisheries (Abalone) Regulations 2004

S.R. No. 27/2004

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Amendment to definition of "specified details"

4.Amendment to conditions of Abalone Fishery Access Licence

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ENDNOTES

STATUTORY RULES 2004

S.R. No. 27/2004

Fisheries Act 1995

Fisheries (Abalone) Regulations 2004

The Governor in Council makes the following Regulations:

Dated: 6 April 2004

Responsible Minister:

BOB CAMERON
Minister for Agriculture

DIANE CASEY

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Fisheries Regulations 1998 to make further provision in respect of commercial abalone fishing.

2.Authorising provision

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

3.Amendment to definition of "specified details"

In regulation 105(2) of the Fisheries Regulations 1998[1], in the definition of "specified details" for sub-paragraph (a)(v) substitute¾

"(v)if the holder of the licence is authorised to take abalone in the¾

(A)western abalone zone or the central abalone zone¾the total net weight (in kilograms) of abalone in respect of each commercial abalone reef code recorded on Part A of the docket; or

(B)eastern abalone zone¾the total net weight (in kilograms) of abalone recorded on Part B of the docket;".

4.Amendment to conditions of Abalone Fishery Access Licence

After regulation 303(5) of the Fisheries Regulations 1998 insert¾

"(6)The Secretary may, in writing, authorise the licence holder to allow abalone from more than one size zone to be taken from, and to be on board, any boat being used under the licence and in granting such an authority¾

(a)may impose conditions on the authority; and

(b)must specify¾

(i)the time or period during which the authority applies; and

(ii)the place at which the authority applies; and

(iii)any conditions imposed on the authority.

(7)Regulation 303(3)(b) does not apply to the licence holder if the licence holder is acting in accordance with an authority of the Secretary under sub-regulation (6).".

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ENDNOTES

[1] Reg. 3: S.R. No. 23/1998.  Reprint No. 3 as at 20 May 2003.  Reprinted to S.R. No. 38/2003.  Subsequently amended by S.R. Nos 101/2003, 133/2003, 145/2003 and 22/2004.