Fisheries Amendment Regulations 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Fisheries Amendment Regulations 2016 S.R. No. 95/2016 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 2 4 Principal Regulations 2 5 Definitions 2 6 Additional types of recreational fishing equipment prescribed for the purposes of the Act 2 7 New Division 2A of Part 2 inserted 3 8 Licence holder to be in presence of crew 3 9 Minimum sizes 4 10 Maximum size for dusky flathead 4 11 Minimum sizes for abalone 5 12 Catch limit for abalone 5 13 Exemptions relating to receipt of non-commercial quantities of abalone 5 14 Exemptions relating to receipt or possession of commercial quantities of abalone 6 15 Activities authorised by a Giant Crab Fishery (Western Zone) Access Licence 6 16 Amendment to Schedule 13—Ports and mooring areas at which rock lobster and giant crab may be landed 7 17 Amendment to Schedule 15—Offences prescribed for the purposes of section 127 of the Act 7 18 Substitution of Schedule 19—Recreational reef zones 7 19 Amendment to Schedule 21—Sea urchin zones and ports and mooring areas 8 ═══════════════ Endnotes 9 -- 1 of 10 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 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 1 Objective 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. 2 Authorising provision These Regulations are made under section 153 of the Fisheries Act 1995. -- 2 of 10 -- Fisheries Amendment Regulations 2016 S.R. No. 95/2016 Authorised by the Chief Parliamentary Counsel 2 3 Commencement These Regulations come into operation on 8 August 2016. 4 Principal Regulations In these Regulations, the Fisheries Regulations 20091 are called the Principal Regulations. 5 Definitions In regulation 5 of the Principal Regulations, in the definition of recreational reef zone, for "specified by" substitute "described by reference to". 6 Additional 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.". -- 3 of 10 -- Fisheries Amendment Regulations 2016 S.R. No. 95/2016 Authorised by the Chief Parliamentary Counsel 3 7 New Division 2A of Part 2 inserted After regulation 37 of the Principal Regulations insert— "Division 2A—Activities authorised by every access licence 37A Activities 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.". 8 Licence 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) -- 4 of 10 -- Fisheries Amendment Regulations 2016 S.R. No. 95/2016 Authorised by the Chief Parliamentary Counsel 4 Fishery Access Licence, a Scallop Dive (Port Phillip Bay) Fishery Access Licence or a Sea Urchin Fishery Access Licence.". 9 Minimum 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". 10 Maximum 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 -- 5 of 10 -- Fisheries Amendment Regulations 2016 S.R. No. 95/2016 Authorised by the Chief Parliamentary Counsel 5 (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.". 11 Minimum 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". 12 Catch 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". 13 Exemptions 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"; -- 6 of 10 -- Fisheries Amendment Regulations 2016 S.R. No. 95/2016 Authorised by the Chief Parliamentary Counsel 6 (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". 14 Exemptions 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". 15 Activities 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);". -- 7 of 10 -- Fisheries Amendment Regulations 2016 S.R. No. 95/2016 Authorised by the Chief Parliamentary Counsel 7 16 Amendment 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". 17 Amendment 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". 18 Substitution 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'' -- 8 of 10 -- Fisheries Amendment Regulations 2016 S.R. No. 95/2016 Authorised by the Chief Parliamentary Counsel 8 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'' ". 19 Amendment 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". ═══════════════ -- 9 of 10 -- Endnotes Fisheries Amendment Regulations 2016 S.R. No. 95/2016 Authorised by the Chief Parliamentary Counsel 9 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. -- 10 of 10 --