Fisheries (Catch Limit) Amendment Regulations 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 2 4 Principal Regulations 2 5 Definitions 2 6 Errors made while completing certain fisheries documents 5 7 New regulations 116A and 116B inserted 5 8 Additional licence conditions of Purse Seine (Port Phillip Bay) Fishery Access Licence 7 9 Substitution of regulation 201 and insertion of regulation 201A 14 10 Additional conditions of Western Port/Port Phillip Bay Fishery Access Licence 16 11 Use and possession of fishing lines in Port Phillip Bay 25 12 Longline team fishing 26 13 Insertion of Schedule 22 26 ═══════════════ Endnotes 28 -- 1 of 29 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 10/2016 Fisheries Act 1995 Fisheries (Catch Limit) Amendment Regulations 2016 The Governor in Council makes the following Regulations: Dated: 15 March 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 to— (a) establish an annual catch limit and improved reporting regime for all species of fish taken under Purse Seine (Port Phillip Bay) Fishery Access Licences and Western Port/Port Phillip Bay Fishery Access Licences; and (b) make miscellaneous amendments to those Regulations. 2 Authorising provisions These Regulations are made under section 153 of the Fisheries Act 1995. -- 2 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 2 Authorised by the Chief Parliamentary Counsel 3 Commencement These Regulations come into operation on 1 April 2016. 4 Principal Regulations In these regulations, the Fisheries Regulations 20091 are called the Principal Regulations. 5 Definitions (1) In regulation 5 of the Principal Regulations insert the following definitions— "Port Phillip Bay/Western Port catch disposal record means an individually numbered record in the form approved by the Secretary that is used to record information in relation to the movement of fish by— (a) the holder of a Purse Seine (Port Phillip Bay) Fishery Access Licence as required under Division 25 of Part 7; or (b) the holder of a Western Port/Port Phillip Bay Fishery Access Licence as required under Division 33 of Part 7; Port Phillip Bay/Western Port catch disposal record book means a book containing catch disposal records issued by the Secretary to the holder of a Purse Seine (Port Phillip Bay) Fishery Access Licence or Western Port/ Port Phillip Bay Fishery Access Licence; Port Phillip Bay/Western Port notification service means— (a) the telephone service or internet application through which the holder of a Purse Seine (Port Phillip Bay) Fishery Access Licence or Western Port/ Port Phillip Bay Fishery Access Licence may notify specified Port -- 3 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 3 Authorised by the Chief Parliamentary Counsel Phillip Bay/Western Port details to the Secretary; or (b) if the telephone service or internet application is not available, an alternative method, notified to the licence holder by the Secretary, by which the licence holder may notify those details to the Secretary; specified Port Phillip Bay/Western Port details means— (a) for the purposes of regulations 198A and 219A (as the case requires), the following details— (i) the licence number that identifies the Purse Seine (Port Phillip Bay) Fishery Access Licence or Western Port/Port Phillip Bay Fishery Access Licence; (ii) the personal file number allocated by the Secretary to identify the holder of the Purse Seine (Port Phillip Bay) Fishery Access Licence or Western Port/Port Phillip Bay Fishery Access Licence or a person acting on behalf of that holder; (iii) the registration number of the boat; (iv) the port or mooring area specified in Schedule 22 from which the boat will leave; -- 4 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 4 Authorised by the Chief Parliamentary Counsel (v) the estimated time and date at which the boat will leave the port or mooring area; (vi) the fishing equipment to be used; (b) for the purposes of regulations 198B and 219B (as the case requires), the following details— (i) the licence number that identifies the Purse Seine (Port Phillip Bay) Fishery Access Licence or Western Port/Port Phillip Bay Fishery Access Licence; (ii) the personal file number allocated by the Secretary to identify the holder of the Purse Seine (Port Phillip Bay) Fishery Access Licence or Western Port/Port Phillip Bay Fishery Access Licence or a person acting on behalf of that holder; (iii) the registration number of the boat; (iv) the port or mooring area specified in Schedule 22 that the boat will enter; (v) the estimated time and date at which the boat will enter the port or mooring area; (vi) if fish are to be landed, the date and estimated time at which landing of the fish will commence;". -- 5 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 5 Authorised by the Chief Parliamentary Counsel (2) In regulation 5 of the Principal Regulations, in the definition of fisheries document, after paragraph (a)(iii) insert— "(iiia) a Port Phillip Bay/Western Port catch disposal record or Port Phillip Bay/ Western Port catch disposal record book;". 6 Errors made while completing certain fisheries documents In regulation 41 of the Principal Regulations— (a) in subregulation (1), after "a sea urchin catch disposal record," insert "a Port Phillip Bay/Western Port catch disposal record,"; (b) after subregulation (2)(cb) insert— "(cc) in the case of a cancelled Port Phillip Bay/Western Port catch disposal record, the original and the duplicate copy of the cancelled record are retained in the relevant record book; and". 7 New regulations 116A and 116B inserted After regulation 116 of the Principal Regulations insert— "116A Possession of fish for sale or other commercial purposes without documents prohibited For the purposes of section 67 of the Act, the possession by a person of any fish, received from the holder of a Western Port/Port Phillip Bay Fishery Access Licence or a Purse Seine (Port Phillip Bay) Fishery Access Licence or a person acting on behalf of that holder, for the purposes of sale or for the storage, processing or transportation for -- 6 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 6 Authorised by the Chief Parliamentary Counsel reward is prohibited unless the person possesses a Port Phillip Bay/Western Port catch disposal record relating to the fish. Notes 1 A failure to comply with this prohibition is an offence under section 67(3) of the Act. A maximum penalty of 100 penalty units or 6 months imprisonment or both applies. 2 Under section 120B of the Act a person who is required to keep a document must keep the document for 3 years from the date the document is created, issued or received or, in the case of a document containing multiple entries, from the date of the last entry. 116B Requirements on persons receiving fish for sale A person who receives any consignment of fish for the purposes of sale from the holder of a Western Port/Port Phillip Bay Fishery Access Licence or a Purse Seine (Port Phillip Bay) Fishery Access Licence or a person acting on behalf of that holder— (a) must immediately and before placing the fish with any other fish that are not part of the consignment, complete all relevant details of the Port Phillip Bay/Western Port catch disposal record accompanying the fish in the manner required by the Secretary; and (b) must keep the original catch disposal record. Penalty: 20 penalty units. Note Under section 120B of the Act a person who is required to keep a document must keep the document for 3 years from the date the document is created, -- 7 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 7 Authorised by the Chief Parliamentary Counsel issued or received or, in the case of a document containing multiple entries, from the date of the last entry.". 8 Additional licence conditions of Purse Seine (Port Phillip Bay) Fishery Access Licence (1) After regulation 198 of the Principal Regulations insert— '198A Notification of intention to take fish for sale (1) Subject to subregulation (2), the licence holder must give to the Secretary, via the Port Phillip Bay/Western Port notification service, the details set out in paragraph (a) of the definition of specified Port Phillip Bay/Western Port details at least one hour before a boat used for the purpose of taking fish for sale under the licence leaves a port or mooring area. (2) The licence holder, at any time before a boat used under the licence leaves a port or mooring area, may, via the Port Phillip Bay/Western Port notification service— (a) vary the details given to the Secretary under subregulation (1); or (b) if the licence holder cancels the proposed taking of fish for sale, advise the Secretary to that effect. 198B Prior reporting of details before entering port or mooring area (1) The licence holder must ensure that the details set out in paragraph (b) of the definition of specified Port Phillip Bay/Western Port details are provided to the Secretary via the Port Phillip Bay/Western Port notification service in accordance with subregulation (2) if a -- 8 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 8 Authorised by the Chief Parliamentary Counsel boat used under the licence is to enter a port or mooring area and— (a) has fish on board; or (b) has been used for or in connection with fishing during the fishing trip; or (c) is carrying commercial fishing equipment. (2) The details must be provided to the Secretary— (a) if the entry is to be made between the hours of 8 a.m. and 6 p.m., at least 30 minutes before the entry; or (b) if the entry is to be made between the hours of 6 p.m. and 8 a.m., at least one hour before the entry. (3) If, after the details have been provided in accordance with subregulations (1) and (2), the boat is to enter a port or mooring area other than that named in those details, the licence holder must notify the Secretary of that port or mooring area via the Port Phillip Bay/Western Port notification service at least 30 minutes before the entry. 198C Fish must be landed at a specified place The licence holder must ensure that fish are landed at a port or mooring area specified in Schedule 22 and notified to the Secretary under regulation 198B unless— (a) there is an impending or actual threat to the safety of a person engaged in activities under the licence; and -- 9 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 9 Authorised by the Chief Parliamentary Counsel (b) the licence holder advises the Secretary via the Port Phillip Bay/Western Port notification service as soon as practicable of another place where fish are to be landed. 198D Boat not to enter port or mooring area and fish not to be landed before estimated time (1) The licence holder must not allow a boat with fish on board to enter a port or mooring area before the estimated time for that entry provided to the Secretary under regulation 198B unless there is an impending or actual threat to the safety of a person engaged in an activity authorised under the licence. (2) The licence holder must not allow fish to be landed from a boat before the estimated time for that landing provided to the Secretary under regulation 198B unless there is an impending or actual threat to the safety of a person engaged in an activity authorised under the licence. 198E Boat to enter port or mooring area and fish to be landed within one hour after estimated time (1) The licence holder must ensure that— (a) a boat with fish on board enters a port or mooring area notified to the Secretary under regulation 198B within one hour after the estimated time for that entry provided to the Secretary under regulation 198B; and -- 10 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 10 Authorised by the Chief Parliamentary Counsel (b) fish are landed from the boat within one hour after the estimated time for that landing provided to the Secretary under regulation 198B. (2) Despite subregulation (1), the licence holder may commence landing fish from the boat more than one hour after the estimated time for that landing provided to the Secretary under regulation 198B if the licence holder advises the Secretary before the expiry of the first estimated time of landing via the Port Phillip Bay/Western Port notification service at least one hour before the new estimated time for the landing of fish of— (a) the licence holder's intention to land fish more than one hour after the prior estimated time for landing; and (b) the new estimated time at which the landing of fish will commence. (3) If the licence holder advises the Secretary of a new estimated time for landing fish under subregulation (2)(b), the licence holder must ensure that fish are landed within one hour after that time. 198F Secretary to confirm receipt of details to licence holder (1) The Secretary must make all reasonable efforts to provide the licence holder with confirmation that specified Port Phillip Bay/Western Port details have been received via the Port Phillip Bay/Western Port notification service as soon as is practicable after the licence holder has provided any specified Port Phillip Bay/Western Port details via that service. -- 11 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 11 Authorised by the Chief Parliamentary Counsel (2) Subregulation (1) does not apply if the Secretary determines that there are reasonable grounds for believing that the licence holder has failed to comply with these Regulations. (3) If the licence holder does not receive confirmation in accordance with subregulation (1), the Secretary may issue the licence holder with confirmation by way of an alternative method. 198G Requirement to complete catch and effort record (1) The licence holder must ensure that all details of the catch and effort record, other than the "total accurate weight" of fish and the "total catch to date", are completed in the manner required by the Secretary on each day that fishing takes place no later than 20 minutes after landing fish taken under the licence and before any fish leave the place of landing. (2) If on landing fish the licence holder does not enter the "total accurate weight" of fish in the catch and effort record, the licence holder must enter in the record an estimate of the weight of the fish landed that is accurate to within 20% of the actual weight of the fish. (3) Despite regulation 59, if the licence holder enters in the catch and effort record an estimate of the weight of the fish under subregulation (2) in lieu of the "total accurate weight" of the fish, the licence holder must enter the "total accurate weight" of the fish and the "total catch to date" in the catch and effort record in the -- 12 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 12 Authorised by the Chief Parliamentary Counsel manner required by the Secretary within 48 hours of landing the fish. Note Regulation 59(1) requires that, on each day that a fishing activity is carried out, all details required to be completed in the catch and effort record are completed in the manner required by the Secretary. 198H Catch and effort record books to be on board boat and when transporting fish (1) The licence holder must ensure the catch and effort record book is on board the boat used to carry out the fishing activities under the licence at all times— (a) when the licence holder or a person acting on behalf of the licence holder is on board the boat; or (b) when any fish are on board the boat. (2) The licence holder must have the catch and effort record book in the licence holder's possession at all times when transporting fish taken under the licence unless the licence holder has issued a catch disposal record in respect of those fish. 198I Requirement to complete and keep catch disposal record The licence holder, before selling or giving any fish taken under the licence to another person— (a) must ensure all relevant details of the Port Phillip Bay/Western Port catch disposal record have been completed in the manner required by the Secretary; and -- 13 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 13 Authorised by the Chief Parliamentary Counsel (b) in the case of a disposal of fish by consignment, must ensure that the original of the catch disposal record accompanies the consignment; and (c) in any other case, must ensure that the original of the catch disposal record is given to the person receiving the fish at or before the disposal; and (d) must keep the duplicate copy of the catch disposal record. 198J Requirements for keeping fisheries documents and copies relating to fish (1) The licence holder must not possess, and must ensure that any person acting on behalf of the licence holder does not possess, a signed Port Phillip Bay/Western Port catch disposal record or a copy of such a record unless all the required details of the record have been completed in the manner required by the Secretary. (2) The licence holder must ensure that all copies of completed, and all unused, Port Phillip Bay/Western Port catch disposal records and Port Phillip Bay/Western Port catch disposal record books are kept by the licence holder. (3) The licence holder must ensure that the duplicate copy of each Port Phillip Bay/Western Port catch disposal record that has been completed in respect of the fish landed under the licence is retained in the Port Phillip Bay/Western Port catch disposal record book issued to the licence holder. -- 14 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 14 Authorised by the Chief Parliamentary Counsel 198K Transfer to licence holder of fish taken by other persons prohibited in Victorian waters The licence holder, whether or not on board a boat, must not receive in, under or on Victorian waters any fish taken by a person other than a person named in the licence.'. 9 Substitution of regulation 201 and insertion of regulation 201A For regulation 201 of the Principal Regulations substitute— "201 Transfer of fish at sea prohibited (1) The licence holder must not transfer fish or allow fish to be transferred from one boat to another in, under or on Victorian waters. (2) The licence holder must not sell, transfer or deliver or allow to be sold, transferred or delivered, fish to another person in, under or on any Victorian waters. (3) Subregulations (1) and (2) do not apply to the transfer of fish to a tender of the boat of the licence holder. 201A Annual catch limit and prohibitions on fishing when annual catch limit has been reached (1) Subject to subregulation (4), the licence holder must not, in any licensing year, exceed the annual catch limit calculated in accordance with this regulation. (2) Subject to subregulation (4), the licence holder must not, if the annual catch limit is reached— (a) possess fish in or on Port Phillip Bay; or -- 15 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 15 Authorised by the Chief Parliamentary Counsel (b) use commercial fishing equipment in or on Port Phillip Bay; or (c) possess commercial fishing equipment in or on Port Phillip Bay unless the commercial fishing equipment is on board a boat that is tied up to a pier, jetty or mooring. (3) For the purposes of this regulation the annual catch limit for a licensing year is calculated in accordance with the following formula— C A X = − where— C is the annual catch limit; A is the average weight of fish in kilograms taken per year by the licence holder under the licence over the relevant catch period; X is the number of kilograms (if any) by which the annual catch limit was exceeded in the previous licensing year; licensing year means a period from 1 April in any year to 31 March of the following year inclusive; relevant catch period means either the period from 1 April 2009 to 31 March 2014 inclusive or the period from 1 April 2011 to 31 March 2014 inclusive, whichever period has a higher average annual catch in kilograms based on the catch history of the licence indicated in the records held by the Secretary; records held by the Secretary has the same meaning as in clause 3(4) of Part 1 of Schedule 4 to the Act. -- 16 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 16 Authorised by the Chief Parliamentary Counsel (4) A licence holder may take fish in excess of the annual catch limit calculated in accordance with this regulation on the last day on which the licence holder takes fish in any licensing year if the annual catch limit is exceeded by no more than 100 kilograms of fish and for that purpose, may carry out any activity referred to in subregulation (2).". 10 Additional conditions of Western Port/Port Phillip Bay Fishery Access Licence After regulation 219 of the Principal Regulations insert— '219A Notification of intention to take fish for sale (1) Subject to subregulation (2), the licence holder must give to the Secretary, via the Port Phillip Bay/Western Port notification service, the details set out in paragraph (a) of the definition of specified Port Phillip Bay/Western Port details at least one hour before a boat to be used for the purposes of taking fish for sale under the licence leaves a port or mooring area. (2) The licence holder, at any time before a boat used under the licence leaves a port or mooring area, may, via the Port Phillip Bay/Western Port notification service— (a) vary the details given to the Secretary under subregulation (1); or (b) if the licence holder cancels the proposed taking of fish for sale, advise the Secretary to that effect. -- 17 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 17 Authorised by the Chief Parliamentary Counsel 219B Prior reporting of details before entering port or mooring area (1) The licence holder must ensure that the details set out in paragraph (b) of the definition of specified Port Phillip Bay/Western Port details are provided to the Secretary via the Port Phillip Bay/Western Port notification service in accordance with subregulation (2) if a boat used under the licence is to enter a port or mooring area and— (a) has fish on board; or (b) has been used for, or in connection with, fishing during the fishing trip; or (c) is carrying commercial fishing equipment. (2) The details must be provided to the Secretary— (a) if the entry is to be made between the hours of 8 a.m. and 6 p.m., at least 30 minutes before the entry; or (b) if the entry is to be made between the hours of 6 p.m. and 8 a.m., at least one hour before the entry. (3) If, after the details have been provided in accordance with subregulations (1) and (2), the boat is to enter a port or mooring area other than that named in those details, the licence holder must notify the Secretary of that port or mooring area via the Port Phillip Bay/Western Port notification service at least 30 minutes before the entry. -- 18 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 18 Authorised by the Chief Parliamentary Counsel 219C Fish must be landed at a specified place The licence holder must ensure that fish are landed at the port or mooring area specified in Schedule 22 and notified to the Secretary under regulation 219B unless— (a) there is an impending or actual threat to the safety of a person engaged in activities under the licence; and (b) the licence holder advises the Secretary via the Port Phillip Bay/Western Port notification service as soon as practicable of another place where fish are to be landed. 219D Boat not to enter port or mooring area and fish not to be landed before estimated time (1) The licence holder must not allow a boat with fish on board to enter a port or mooring area before the estimated time for that entry provided to the Secretary under regulation 219B unless there is an impending or actual threat to the safety of a person engaged in an activity authorised under the licence. (2) The licence holder must not allow fish to be landed from a boat before the estimated time for that landing provided to the Secretary under regulation 219B unless there is an impending or actual threat to the safety of a person engaged in an activity authorised under the licence. -- 19 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 19 Authorised by the Chief Parliamentary Counsel 219E Boat to enter port or mooring area and fish to be landed within one hour after estimated time (1) The licence holder must ensure that— (a) a boat with fish on board enters a port or mooring area notified to the Secretary under regulation 219B within one hour after the estimated time for that entry provided to the Secretary under regulation 219B; and (b) fish are landed from the boat within one hour after the estimated time for that landing provided to the Secretary under regulation 219B. (2) Despite subregulation (1), the licence holder may commence landing fish from the boat more than one hour after the estimated time for that landing provided to the Secretary under regulation 219B if the licence holder advises the Secretary before the expiry of the first estimated time of landing via the Port Phillip Bay/Western Port notification service at least one hour before the new estimated time for the landing of fish of— (a) the licence holder's intention to land fish more than one hour after the prior estimated time for landing; and (b) the new estimated time at which the landing of fish will commence. (3) If the licence holder advises the Secretary of a new estimated time for landing fish under subregulation (2)(b), the licence holder must ensure that fish are landed within one hour after that time. -- 20 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 20 Authorised by the Chief Parliamentary Counsel 219F Secretary to confirm receipt of details to licence holder (1) The Secretary must make all reasonable efforts to provide the licence holder with confirmation that specified Port Phillip Bay/Western Port details have been received via the Port Phillip Bay/Western Port notification service as soon as is practicable after the licence holder has provided any specified Port Phillip Bay/Western Port details via that service. (2) Subregulation (1) does not apply if the Secretary determines that there are reasonable grounds for believing that the licence holder has failed to comply with these Regulations. (3) If the licence holder does not receive confirmation in accordance with subregulation (1) the Secretary may issue the licence holder with confirmation by way of an alternative method. 219G Requirement to complete catch and effort record (1) The licence holder must ensure that all details of the catch and effort record, other than the "total accurate weight" of fish and the "total catch to date", are completed in the manner required by the Secretary on each day that fishing takes place no later than 20 minutes after landing fish taken under the licence and before any fish leave the place of landing. (2) If on landing fish the licence holder does not enter the "total accurate weight" of fish in the catch and effort record, the licence holder must enter in the record an estimate of the -- 21 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 21 Authorised by the Chief Parliamentary Counsel weight of the fish landed that is accurate to within 20% of the actual weight of the fish. (3) Despite regulation 59, if the licence holder enters in the catch and effort record an estimate of the weight of the fish under subregulation (2) in lieu of the "total accurate weight" of the fish, the licence holder must enter the "total accurate weight" of the fish and the "total catch to date" in the catch and effort record in the manner required by the Secretary within 48 hours of landing the fish. Note Regulation 59(1) requires that, on each day that a fishing activity is carried out, all details required to be completed in the catch and effort record are completed in the manner required by the Secretary. 219H Catch and effort record books to be on board boat and when transporting fish (1) The licence holder must ensure the catch and effort record book is on board the boat used to carry out fishing activities under the licence at all times— (a) when the licence holder or a person acting on behalf of the licence holder is on board the boat; or (b) when any fish are on board the boat. (2) The licence holder must have the catch and effort record book in the licence holder's possession at all times when transporting fish taken under the licence unless the licence holder has issued a catch disposal record in respect of those fish. -- 22 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 22 Authorised by the Chief Parliamentary Counsel 219I Requirement to complete and keep catch disposal record The licence holder, before selling or giving any fish taken under the licence to another person— (a) must ensure all relevant details of the Port Phillip Bay/Western Port catch disposal record have been completed in the manner required by the Secretary; and (b) in the case of a disposal of fish by consignment, must ensure that the original of the catch disposal record accompanies the consignment; and (c) in any other case, must ensure that the original of the catch disposal record is given to the person receiving the fish at or before the disposal; and (d) must keep the duplicate copy of the catch disposal record. 219J Requirements for keeping fisheries documents and copies relating to fish (1) The licence holder must not possess, and must ensure that any person acting on behalf of the licence holder does not possess, a signed Port Phillip Bay/Western Port catch disposal record or a copy of such a record unless all the required details of the record have been completed in the manner required by the Secretary. (2) The licence holder must ensure that all copies of completed, and all unused, Port Phillip Bay/Western Port catch disposal -- 23 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 23 Authorised by the Chief Parliamentary Counsel records and Port Phillip Bay/Western Port catch disposal record books are kept by the licence holder. (3) The licence holder must ensure that the duplicate copy of each Port Phillip Bay/Western Port catch disposal record that has been completed in respect of the fish landed under the licence is retained in the Port Phillip Bay/Western Port catch disposal record book issued to the licence holder. 219K Annual catch limit and prohibitions on fishing when annual catch limit has been reached (1) Subject to subregulation (4), the licence holder must not, in any licensing year, exceed the annual catch limit calculated in accordance with this regulation. (2) Subject to subregulation (4), the licence holder must not, if the annual catch limit is reached— (a) possess fish in or on Port Phillip Bay or Western Port; or (b) use commercial fishing equipment in or on Port Phillip Bay or Western Port; or (c) possess commercial fishing equipment in or on Port Phillip Bay or Western Port unless the commercial fishing equipment is on board a boat that is tied up to a pier, jetty or mooring. (3) For the purposes of this regulation the annual catch limit for a licensing year is calculated in accordance with the following formula— -- 24 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 24 Authorised by the Chief Parliamentary Counsel (a) for a licence which may be retained under Division 5 of Part 8 of the Act on and after 1 April 2022— C D X = −; and (b) for a licence which cannot be retained under Division 5 of Part 8 of the Act on and after 1 April 2022— C A X = − where— C is the annual catch limit; D is A or B (whichever is the greater); X is the number of kilograms (if any) by which the annual catch limit was exceeded in the previous licensing year; A is the average weight of fish in kilograms taken per year by the licence holder under the licence over the relevant catch period; B is 11 tonnes; licensing year means a period from 1 April in any year to 31 March of the following year inclusive; relevant catch period means either the period from 1 April 2009 to 31 March 2014 inclusive, or the period from 1 April 2011 to 31 March 2014 inclusive, whichever period has a higher average annual catch in kilograms based on the catch history of the licence indicated in the records held by the Secretary; -- 25 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 25 Authorised by the Chief Parliamentary Counsel records held by the Secretary has the same meaning as in clause 3(4) of Part 1 of Schedule 4 to the Act. (4) A licence holder may take fish in excess of the annual catch limit calculated in accordance with this regulation on the last day on which the licence holder takes fish in any licensing year if the annual catch limit is exceeded by no more than 100 kilograms of fish and for that purpose may carry out any activity referred to in subregulation (2). 219L Transfer to licence holder of fish taken by other persons prohibited in Victorian waters The licence holder, whether or not on board a boat, must not receive in, under or on Victorian waters any fish taken by a person other than a person named in the licence.'. 11 Use and possession of fishing lines in Port Phillip Bay For regulation 222(1) of the Principal Regulations substitute— "(1) The licence holder, if authorised by the licence to use longlines, must not, in or on Port Phillip Bay— (a) use at any one time more than 2 longlines; or (b) use at any one time more than a total of 400 hooks whether or not attached to longlines being used by the licence holder; or -- 26 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 26 Authorised by the Chief Parliamentary Counsel (c) possess at any one time more than a total of 400 hooks whether or not attached to longlines possessed by the licence holder.". 12 Longline team fishing Regulation 231 is revoked. 13 Insertion of Schedule 22 After Schedule 21 of the Principal Regulations insert— "Schedule 22—Western Port/Port Phillip Bay Port and Moorings Regulation 5 Altona Boat Ramp Car Park Avalon Beach Boat Ramp Black Rock Boat Ramp Clifton Springs Boat Ramp Corinella Boat Ramp Cowes Jetty Cowes West Boat Ramp Dromana Boat Ramp Fishermans Beach Boat Ramp Fishermans Wharf Yarra Street Flinders Boat Ramp Grammar School Lagoon Boat Ramp Hastings Boat Ramp Indented Head Boat Ramp Kananook Creek Boat Ramp Kirks Point Boat Ramp Limeburners Point Boat Ramp Maddox Road (Williamstown) -- 27 of 29 -- Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 27 Authorised by the Chief Parliamentary Counsel Martha Cove Mordialloc Boat Ramp Mornington Boat Ramp (Schnapper Point) Newhaven Boat Ramp Newport (Warmies) Boat Ramp North Road Boat Ramp Patterson River Boat Ramp Point Richards Boat Ramp Portarlington Pier Queenscliff Boat Ramp Queenscliff Wharf Rhyll Boat Ramp Rosebud Boat Ramp Rye Boat Ramp Safety Beach Boat Ramp St Helens Boat Ramp St Kilda Marina Carpark St Kilda Pier St Leonards Boat Ramp St Leonards Pier San Remo Fishermans Wharf Sorrento Boat Ramp Stoney Point Boat Ramp Swan Bay Boat Ramp Tootgarook Boat Ramp Werribee South Boat Ramp". ═══════════════ -- 28 of 29 -- Endnotes Fisheries (Catch Limit) Amendment Regulations 2016 S.R. No. 10/2016 28 Authorised by the Chief Parliamentary Counsel 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 and 96/2014. -- 29 of 29 --