Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 PART 2—COMMERCIAL FISHERY FOR SEA URCHIN 3 4 Definitions 3 5 Classes of access licence 7 6 Classes of commercial fishery licence that may be held by a corporation 7 7 Classes of access licence where services of other person used 7 8 Errors made while completing certain fisheries documents 7 9 Completion of catch and effort records 8 10 Offence to remove roe from sea urchin 8 11 Amendment to Part 7 heading 8 12 New Part 11A inserted 8 PART 11A—SEA URCHIN 8 Division 1—Catch limits in relation to recreational sea urchin fishing 8 417A Application of Division 8 417B Catch limit for sea urchin 9 Division 2—Activities authorised under a Sea Urchin Fishery Access Licence 10 417C Authorised activities 10 Division 3—Conditions of Sea Urchin Fishery Access Licence 11 417D Sea Urchin Fishery Access Licence subject to conditions in this Division 11 417E Notification of intention to take sea urchin for sale 12 -- 1 of 35 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel 417F Prior reporting of sea urchin details before entering port or mooring 12 417G Sea urchin must be landed at a specified place 13 417H Boat not to enter port or mooring area and sea urchin not to be landed before estimated time 13 417I Boat to enter port or mooring area and sea urchin to be landed within one hour after estimated time 14 417J Sea urchin to be weighed after landing and information given to the Secretary 15 417K Sea urchin not to be moved before catch disposal record completed 16 417L Secretary to give sea urchin confirmation number to licence holder 16 417M Requirements for keeping fisheries documents and copies relating to sea urchin 17 417N Location of sea urchin catch disposal record book to be notified 17 417O Sea urchin not to be transferred at sea from boat to boat 17 417P Transfer to licence holder of sea urchin taken by other persons prohibited in Victorian waters 18 417Q Possession of recreationally caught sea urchin at commercial premises prohibited 18 Division 4—Other matters relating to sea urchin 18 417R Secretary to notify licence holder of internet application to be used 18 417S Required form of documentation for sale of sea urchin (sea urchin receipt) 19 417T Documentation requirement for possession of sea urchin 20 13 Amendment to Schedule 4—Definitions of fisheries 20 14 Amendment to Schedule 14—Designated licence conditions 21 15 New Schedule 21 inserted 21 SCHEDULE 21—Sea Urchin Zones and Ports and Mooring Areas 21 PART 1—SEA URCHIN ZONES 21 PART 2—PORTS AND MOORING AREAS 22 PART 3—OTHER AMENDMENTS TO THE FISHERIES REGULATIONS 2009 24 16 Scallop dive notification service 24 17 Revocation of redundant regulations 24 18 Use of bait net 24 19 Offence to use certain substances as bait or berley 25 -- 2 of 35 -- Regulation Page iii Authorised by the Chief Parliamentary Counsel 20 Minimum size of fish 25 21 Catch limits 25 22 New regulation 124A inserted 26 124A Prohibition of possession of yabby 26 23 New regulation 189A inserted 27 189A Licence holder must not lease licence 27 24 Activities authorised by a Trawl (Inshore) Fishery Access Licence 27 25 Regulation 212 substituted 27 212 Catch limit for bug 27 26 New regulation 234AA inserted 28 234AA Licence holder must not lease licence 28 27 Closed season for rock lobster 28 28 Scallop to be weighed after landing and information given to the Secretary 28 29 New Schedule 6A inserted 29 SCHEDULE 6A—Toorloo Arm and Nowa Nowa Arm of Lake Tyers 29 PART 4—AMENDMENT OF THE FISHERIES (FEES, ROYALTIES AND LEVIES) REGULATIONS 2008 30 30 Levies on access licences 30 31 Levies on general permits 30 32 Application and transfer fees for commercial fishery access licences 30 33 Levies for access licences 31 34 Grants levy for sea urchin access licences 31 ═══════════════ ENDNOTES 32 -- 3 of 35 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 96/2014 Fisheries Act 1995 Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 8 July 2014 Responsible Minister: PETER WALSH Minister for Agriculture and Food Security YVETTE CARISBROOKE Clerk of the Executive Council PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are— (a) to amend the Fisheries Regulations 2009— (i) to provide for a quota-managed and licenced-based commercial fishery for sea urchin; and (ii) to make miscellaneous amendments to those Regulations; and (b) to make consequential amendments to the Fisheries (Fees, Royalties and Levies) Regulations 2008. -- 4 of 35 -- Part 1—Preliminary Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 2 Authorised by the Chief Parliamentary Counsel 2 Authorising provision These Regulations are made under section 153 of the Fisheries Act 1995. 3 Commencement These Regulations come into operation on 10 July 2014. __________________ r. 2 -- 5 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 3 Authorised by the Chief Parliamentary Counsel PART 2—COMMERCIAL FISHERY FOR SEA URCHIN 4 Definitions (1) In regulation 5 of the Fisheries Regulations 20091 insert the following definitions— "black sea urchin means the species Centrostephanus rodgersii; central sea urchin zone means all the Victorian waters between longitude 142° 31' East and longitude 148° East, excluding Port Phillip Bay, shown on the plan in Part 1 of Schedule 21; eastern sea urchin zone means all the Victorian waters east of longitude 148° East shown on the plan in Part 1 of Schedule 21; Port Phillip Bay sea urchin zone means the waters of Port Phillip Bay shown on the plan in Part 1 of Schedule 21; sea urchin means black sea urchin or white sea urchin; sea urchin 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 sea urchin from the place of sea urchin landing by the holder of a Sea Urchin Fishery Access Licence as required under Division 3 of Part 11A; sea urchin catch disposal record book means a book containing sea urchin catch disposal records issued by the Secretary to the holder of a Sea Urchin Fishery Access Licence; r. 4 -- 6 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 4 Authorised by the Chief Parliamentary Counsel sea urchin commercial fishing management zone is comprised of all of the following zones— (a) the eastern sea urchin zone; (b) the central sea urchin zone; (c) the Port Phillip Bay sea urchin zone; (d) the western sea urchin zone. sea urchin notification service means— (a) the internet application through which the holder of a Sea Urchin Fishery Access Licence may notify specified sea urchin details and sea urchin daily catch and effort records to the Secretary; or (b) if the 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; sea urchin receipt means a receipt issued in respect of the sale of sea urchin by a person selling the sea urchin that contains the details listed in regulation 417S(2); specified sea urchin details means— (a) for the purposes of regulation 417E(1), the following details— (i) the number allocated by the Secretary to identify the Sea Urchin Fishery Access Licence; (ii) the registration number of the boat; r. 4 -- 7 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 5 Authorised by the Chief Parliamentary Counsel (iii) the port or mooring area specified in Part 2 of Schedule 21 from which the boat will leave; (iv) the estimated time and date at which the boat will leave the port or mooring; (v) the number of persons on the boat who will dive for sea urchin; (vi) any other class of fishery licence under which the licence holder is taking fish on the same trip; (b) for the purposes of regulation 417F(1), the following details— (i) the number allocated by the Secretary to identify the Sea Urchin Fishery Access Licence; (ii) the port or mooring area specified in Part 2 of Schedule 21 that the boat will enter; (iii) the date and estimated time at which the boat will enter the port or mooring area; (iv) if sea urchin are to be landed, the date and estimated time at which landing of the sea urchin will commence; (v) the estimated weight of sea urchin to be landed; (c) for the purposes of regulation 417J(1)(c), the following details— (i) the number allocated by the Secretary to identify the Sea Urchin Fishery Access Licence; r. 4 -- 8 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 6 Authorised by the Chief Parliamentary Counsel (ii) the total whole weight (in kilograms) of sea urchin (by urchin species) landed under the licence; (iii) the sea urchin confirmation number provided to the licence holder when the sea urchin details in paragraph (b) were provided; (iv) the estimated date and time when the sea urchin are to be moved from the place of landing; western sea urchin zone means all Victorian waters west of longitude 142° 31' East shown on the plan in Part 1 of Schedule 21; white sea urchin means the species Heliocidaris erythrogramma;". (2) In regulation 5 of the Fisheries Regulations 2009— (a) in paragraph (a) of the definition of catch and effort record book, for "or a Scallop Dive (Port Phillip Bay) Fishery Access Licence)" substitute ", a Scallop Dive (Port Phillip Bay) Fishery Access Licence or a Sea Urchin Fishery Access Licence)"; (b) for paragraph (a)(ix) of the definition of fisheries document substitute— "(ix) a sea urchin catch disposal record or sea urchin catch disposal record book; (x) a small sales return, small sales return book or a stock record; and". r. 4 -- 9 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 7 Authorised by the Chief Parliamentary Counsel 5 Classes of access licence After regulation 12(sa) of the Fisheries Regulations 2009 insert— "(sb) Sea Urchin Fishery Access Licence;". 6 Classes of commercial fishery licence that may be held by a corporation After regulation 16(1)(ma) of the Fisheries Regulations 2009 insert— "(mb) Sea Urchin Fishery Access Licence;". 7 Classes of access licence where services of other person used After regulation 18(2)(pa) of the Fisheries Regulations 2009 insert— "(pb) Sea Urchin Fishery Access Licence;". 8 Errors made while completing certain fisheries documents In regulation 41 of the Fisheries Regulations 2009— (a) in subregulation (1), after "scallop dive catch disposal record," insert "a sea urchin catch disposal record,"; (b) after subregulation (2)(ca) insert— "(cb) in the case of a cancelled sea urchin catch disposal record, the original and the duplicate copy of the cancelled record are retained in the relevant record book; and". r. 5 -- 10 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 8 Authorised by the Chief Parliamentary Counsel 9 Completion of catch and effort records In regulation 59(8) of the Fisheries Regulations 2009, for "or a Scallop Dive (Port Phillip Bay) Access Licence" substitute ", a Scallop Dive (Port Phillip Bay) Access Licence or a Sea Urchin Fishery Access Licence". 10 Offence to remove roe from sea urchin In regulation 98(3) of the Fisheries Regulations 2009, after "general permit" insert "or Sea Urchin Fishery Access Licence". 11 Amendment to Part 7 heading (1) In the heading to Part 7 of the Fisheries Regulations 2009, for "AND SCALLOP" substitute ", SCALLOP AND SEA URCHIN". (2) In the Table to regulation 124(1) omit item 50. 12 New Part 11A inserted After Part 11 of the Fisheries Regulations 2009 insert— "PART 11A—SEA URCHIN Division 1—Catch limits in relation to recreational sea urchin fishing 417A Application of Division This Division does not apply to— (a) the holder of a Sea Urchin Fishery Access Licence, or a person acting on behalf of that licence holder, when carrying out any fishing activities authorised by the licence; or (b) a person who is acting under and in accordance with a traditional owner recognition permit. r. 9 -- 11 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 9 Authorised by the Chief Parliamentary Counsel 417B Catch limit for sea urchin (1) For the purposes of the Act, the catch limit with respect to the taking of sea urchin from Victorian waters is 20 sea urchin of any species. (2) For the purposes of the Act, the catch limit for the possession of sea urchin in, on or next to Victorian waters is 20 sea urchin of any species. (3) Subregulations (1) and (2) do not apply to a person who takes or possesses sea urchin in a quantity in excess of the catch limit specified in subregulation (1) or (2) if— (a) the person— (i) is the holder of, or is acting on behalf of the holder of, a Sea Urchin Fishery Access Licence authorising the taking and possession of sea urchin; and (ii) takes or possesses the sea urchin in accordance with the licence, the Act and these Regulations; or (b) the person— (i) is the holder of, or is acting on behalf of the holder of, an aquaculture licence authorising the hatching, rearing, breeding, growing or displaying of sea urchin; and (ii) takes or possesses the sea urchin in accordance with the licence, the Act and these Regulations; or r. 12 -- 12 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 10 Authorised by the Chief Parliamentary Counsel (c) the person— (i) is the holder of, or is acting on behalf of the holder of, a general permit authorising the taking or possession of sea urchin in that quantity; and (ii) takes or possesses the sea urchin in accordance with the permit, the Act and these Regulations. (4) Subregulations (1) and (2) do not apply to a person who possesses sea urchin in a quantity in excess of the catch limit specified in subregulation (1) or (2), and which the person received from a person referred to in subregulation (3). Note There are offences in sections 68A and 68B of the Act relating to taking or possessing fish in excess of the catch limit in these Regulations for that species of fish. Various penalties apply. Division 2—Activities authorised under a Sea Urchin Fishery Access Licence 417C Authorised activities A Sea Urchin Fishery Access Licence authorises the licence holder to carry out the following activities in the sea urchin commercial fishing management zone— (a) to take sea urchin by hand for sale (other than in waters that are within a marine national park, a marine sanctuary or a fisheries reserve); (b) in connection with the taking of sea urchin, to use underwater breathing apparatus and any equipment approved by the Secretary (other than in waters r. 12 -- 13 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 11 Authorised by the Chief Parliamentary Counsel that are within a marine national park, a marine sanctuary or a fisheries reserve); (c) to engage one or more persons to carry out any activity authorised by the licence; (d) to sample crack sea urchin; (e) to process sea urchin taken under the licence. Division 3—Conditions of Sea Urchin Fishery Access Licence 417D Sea Urchin Fishery Access Licence subject to conditions in this Division For the purposes of section 52(1)(b) of the Act, this Division sets out the conditions to which every Sea Urchin Fishery Access Licence is subject. Notes 1 In addition to the conditions set out in this Division, every Sea Urchin Fishery Access Licence is subject to— (a) any condition expressed or referred to in the licence by the Secretary under section 52(1)(a) of the Act; and (b) the conditions applying to that class of licence set out in Division 3 of Part 2 of these Regulations. 2 Under section 53 of the Act, the holder of a licence or a person who does a thing on behalf of a licence holder, must comply with any condition to which the licence is subject. A failure to comply may attract a maximum penalty of 50 penalty units and, in the case of an offence involving a priority species or breach of a designated licence condition, a maximum penalty of 100 penalty units or 6 months imprisonment or both. r. 12 -- 14 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 12 Authorised by the Chief Parliamentary Counsel 3 Under regulation 460, the holder of a licence may apply to the Secretary for an exemption from a specified condition of the licence. 417E Notification of intention to take sea urchin for sale (1) Subject to subregulation (2), the licence holder must give to the Secretary, via the sea urchin notification service, the details set out in paragraph (a) of the definition of specified sea urchin details at least one hour before a boat to be used for the purposes of taking sea urchin for sale under the licence leaves a port or mooring. (2) The licence holder, at any time before a boat used under the licence leaves a port or mooring, may, via the sea urchin notification service— (a) vary the details given to the Secretary under subregulation (1); or (b) if the licence holder cancels the proposed taking of sea urchin for sale, advise the Secretary to that effect. 417F Prior reporting of sea urchin details before entering port or mooring (1) The licence holder must ensure that the details set out in paragraph (b) of the definition of specified sea urchin details are provided to the Secretary via the sea urchin 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 sea urchin on board; or (b) has been used for fishing for sea urchin during the fishing trip. r. 12 -- 15 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 13 Authorised by the Chief Parliamentary Counsel (2) The details must be provided to the Secretary at least 30 minutes 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 other than that named in those details, the licence holder must notify the Secretary of that port or mooring via the sea urchin notification service at least 30 minutes before entry. 417G Sea urchin must be landed at a specified place The licence holder must ensure that sea urchin are landed at the port or mooring notified to the Secretary under regulation 417F 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 sea urchin notification service as soon as practicable of another place where sea urchin are to be landed. 417H Boat not to enter port or mooring area and sea urchin not to be landed before estimated time (1) The licence holder must not allow a boat with sea urchin on board to enter a port or mooring area before the estimated time for that entry provided to the Secretary under regulation 417F unless there is an impending or actual threat to the safety of a person engaged in an activity authorised under the licence. r. 12 -- 16 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 14 Authorised by the Chief Parliamentary Counsel (2) The licence holder must not allow sea urchin to be landed from a boat before the estimated time for that landing provided to the Secretary under regulation 417F unless there is an impending or actual threat to the safety of a person engaged in an activity authorised under the licence. 417I Boat to enter port or mooring area and sea urchin to be landed within one hour after estimated time (1) The licence holder must ensure that— (a) a boat with sea urchin on board enters a port or mooring area notified to the Secretary under regulation 417F within one hour after the estimated time for that entry provided to the Secretary under regulation 417F; and (b) sea urchin are landed from the boat within one hour after the estimated time for that landing provided to the Secretary under regulation 417F. (2) Despite subregulation (1), the licence holder may commence landing sea urchin from the boat more than one hour after the estimated time for that landing provided to the Secretary under regulation 417F if the licence holder advises the Secretary via the sea urchin notification service at least one hour before the new estimated time for the landing of sea urchin of— (a) the licence holder's intention to land sea urchin more than one hour after the prior estimated time for landing; and (b) the new estimated time at which the landing of sea urchin will commence. r. 12 -- 17 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 15 Authorised by the Chief Parliamentary Counsel (3) If the licence holder advises the Secretary of a new estimated time for landing sea urchin under subregulation (2)(b), the licence holder must ensure that sea urchin are landed within one hour after that time. 417J Sea urchin to be weighed after landing and information given to the Secretary (1) After landing sea urchin taken under a licence, the licence holder must ensure that, no later than 60 minutes after the landing— (a) the sea urchin are weighed at the place of landing of the sea urchin and the net whole weight is recorded in the sea urchin daily catch and effort record in the manner required by the Secretary; and (b) the sea urchin daily catch and effort record is forwarded to the Secretary via the sea urchin notification service; and (c) the details set out in paragraph (c) of the definition of specified sea urchin details are provided to the Secretary via the sea urchin notification service and the details are correct. (2) The licence holder must ensure that any details regarding the weight of the sea urchin that are required to be provided under the Act or these Regulations are correct to within 0⋅1 kilograms of the actual weight. r. 12 -- 18 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 16 Authorised by the Chief Parliamentary Counsel 417K Sea urchin not to be moved before catch disposal record completed The licence holder must ensure that sea urchin taken under the licence are not moved from the place of landing of the sea urchin or delivered for processing unless— (a) the details of the sea urchin catch disposal record have been entered on the original and duplicate copy of the record in the manner required by the Secretary and signed by the licence holder; and (b) the original copy of the record accompanies the sea urchin. 417L Secretary to give sea urchin confirmation number to licence holder (1) The Secretary must make all reasonable efforts to provide the licence holder with a confirmation number via the sea urchin notification service as soon as is practicable after the licence holder has provided any specified sea urchin 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 a confirmation number under subregulation (1) via the sea urchin notification service after providing specified sea urchin details to the Secretary via that service, the Secretary may issue the licence holder with a confirmation number by way of an alternative method. r. 12 -- 19 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 17 Authorised by the Chief Parliamentary Counsel 417M Requirements for keeping fisheries documents and copies relating to sea urchin (1) The licence holder must ensure that the licence holder or any person acting on behalf of the licence holder does not possess a signed sea urchin 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, sea urchin catch disposal records and sea urchin catch disposal record books are kept by the licence holder. (3) The licence holder must ensure that the duplicate copy of each sea urchin catch disposal record that has been completed in respect of the sea urchin landed under the licence is retained in the sea urchin catch disposal record book issued to the licence holder. 417N Location of sea urchin catch disposal record book to be notified The licence holder must ensure that the Secretary is notified of the location of the sea urchin catch disposal record book if it is not located on a boat used under the licence, or at the place of landing of sea urchin. 417O Sea urchin not to be transferred at sea from boat to boat The licence holder must ensure that sea urchin are not transferred from one boat to another in, under or on Victorian waters. r. 12 -- 20 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 18 Authorised by the Chief Parliamentary Counsel 417P Transfer to licence holder of sea urchin 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 sea urchin taken by a person other than a person named in the licence. 417Q Possession of recreationally caught sea urchin at commercial premises prohibited The licence holder must not possess sea urchin taken under a recreational fishery licence at the same premises as sea urchin taken under the licence. Division 4—Other matters relating to sea urchin 417R Secretary to notify licence holder of internet application to be used The Secretary must notify, in writing, each holder of a Sea Urchin Fishery Access Licence of— (a) the internet application to be used to provide the Secretary with sea urchin daily catch and effort records and specified sea urchin details via the sea urchin notification service; and (b) the telephone number to be used— (i) to provide the Secretary with specified sea urchin details if the licence holder does not receive a sea urchin confirmation number in respect of specified sea urchin details provided via the sea urchin notification service; or r. 12 -- 21 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 19 Authorised by the Chief Parliamentary Counsel (ii) for any other purpose required by these Regulations; and (c) any changes to the internet application or telephone number notified under paragraph (a) or (b). 417S Required form of documentation for sale of sea urchin (sea urchin receipt) (1) Section 120AA(1) of the Act applies to a person who intends to sell any quantity of sea urchin. (2) For the purposes of section 120AA(2)(a) of the Act, the document concerning a proposed sale of sea urchin must be in the form of a receipt that contains the following details— (a) the full name and address of the person selling the sea urchin; (b) the full name and address of the person to whom the sea urchin are sold; (c) the date of sale of the sea urchin; (d) the net weight in kilograms of sea urchin sold; (e) whether the sea urchin was sold whole or as roe. Note Section 120AA(2) of the Act requires a person who sells sea urchin in any quantity to create a document that complies with that section. r. 12 -- 22 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 20 Authorised by the Chief Parliamentary Counsel 417T Documentation requirement for possession of sea urchin For the purposes of section 120AC(1) of the Act, a person who possesses any quantity of sea urchin must, while in possession of the sea urchin, have in his or her possession— (a) the completed original sea urchin catch disposal record for that sea urchin; or (b) the sea urchin receipt issued at the time of the sale of the sea urchin to the person. Note Section 120AC(1) of the Act applies to a person who possesses sea urchin and, under the regulations, is required to have a document in their possession relating to that sea urchin. Section 120AC(2) provides for an offence for not having the prescribed document in possession. Section 120AC(4) provides a defence if the sea urchin are in a person's possession otherwise than for the purposes of sale, processing for reward, transportation for reward or storage for reward. __________________". 13 Amendment to Schedule 4—Definitions of fisheries After item 20A of Schedule 4 to the Fisheries Regulations 2009 insert— "20B Sea urchin (commercial) Black sea urchin White sea urchin Underwater breathing apparatus Eastern sea urchin zone Central sea urchin zone Western sea urchin zone Port Phillip Bay sea urchin zone". r. 13 -- 23 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 21 Authorised by the Chief Parliamentary Counsel 14 Amendment to Schedule 14—Designated licence conditions In Schedule 14 to the Fisheries Regulations 2009, after "416 and 417" insert— "Conditions relating to sea urchin in Part 11A 417E-417J 417O-417Q". 15 New Schedule 21 inserted After Schedule 20 to the Fisheries Regulations 2009 insert— "__________________ SCHEDULE 21 SEA URCHIN ZONES AND PORTS AND MOORING AREAS PART 1—SEA URCHIN ZONES Regulation 5 ". r. 14 -- 24 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 22 Authorised by the Chief Parliamentary Counsel PART 2—PORTS AND MOORING AREAS Regulation 5 Altona Boat Ramp Car Park Apollo Bay Boat Ramp Bastion Point Bay of Islands Boat Ramp Black Rock Boat Ramp Cape Bridgewater Beach Cape Conran Boat Ramp Clifton Springs Boat Ramp Cowes Jetty Flinders Boat Ramp Frankston Boat Ramp Hastings Boat Ramp Inverloch Boat Ramp Killarney Boat Ramp Kirks Point Lorne–Grey Point Boat Ramp Mallacoota Main Wharf Marlo Jetty Mornington Boat Ramp (Schnapper Point) Newhaven Boat Ramp Ocean Grove Boat Ramp Patterson River Boat Ramp Peterborough–Boat Bay Carpark Pier 35 Port Albert Boat Ramp r. 15 -- 25 of 35 -- Part 2—Commercial Fishery for Sea Urchin Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 23 Authorised by the Chief Parliamentary Counsel Port Campbell Jetty Port Fairy Boat Ramp Portland Boat Ramp Portland Fishermans Wharf Port Welshpool Boat Ramp Queenscliff Boat Ramp Rhyll Boat Ramp Rye Boat Ramp St Helens Boat Ramp St Kilda Marina Carpark Sandy Point San Remo Fishermans Wharf Shallow Inlet Carpark Sorrento Boat Ramp Stony Point Boat Ramp Taylors Bay Boat Ramp The Basin Carpark Torquay Boat Ramp Walkerville North Walkerville South Wally's Ramp Warrnambool Boat Ramp Werribee South Boat Ramp West Bank Ramp __________________ r. 15 -- 26 of 35 -- Part 3—Other Amendments to the Fisheries Regulations 2009 Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 24 Authorised by the Chief Parliamentary Counsel PART 3—OTHER AMENDMENTS TO THE FISHERIES REGULATIONS 2009 16 Scallop dive notification service In regulation 5 of the Fisheries Regulations 2009, for the definition of scallop dive notification service substitute— "scallop dive notification service means— (a) the internet application through which the holder of a Scallop Dive (Port Phillip) Fishery Access Licence may notify specified scallop dive details and scallop dive daily catch and effort records to the Secretary; or (b) if the 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;". 17 Revocation of redundant regulations (1) Regulation 17(1) of the Fisheries Regulations 2009 is revoked. (2) Regulation 18(1) of the Fisheries Regulations 2009 is revoked. 18 Use of bait net In regulation 85 of the Fisheries Regulations 2009— (a) for subregulation (1)(d) substitute— "(d) the waters of the Toorloo Arm and Nowa Nowa Arm of Lake Tyers that flow upstream of the lines shown on the plan in Schedule 6A, those lines being r. 16 -- 27 of 35 -- Part 3—Other Amendments to the Fisheries Regulations 2009 Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 25 Authorised by the Chief Parliamentary Counsel indicated by the coordinates shown on that plan; and (b) in subregulation (2) for "Toorloo Arm and Nowa Nowa Arm" substitute "the waters described in subregulation (1)(d)" . 19 Offence to use certain substances as bait or berley In regulation 102(3) of the Fisheries Regulations 2009, for "trout or salmon ova" substitute "fish ova". 20 Minimum size of fish In the Table to regulation 118(1) of the Fisheries Regulations 2009— (a) omit item 4; and (b) for item 26 substitute— "26 Wrasse (all species other than blue groper) 27". 21 Catch limits In the Table to regulation 124(1) of the Fisheries Regulations 2009— (a) omit item 8; (b) in item 70, for "Wrasse (all species other than bluethroat wrasse and blue groper)" substitute "Wrasse (all species other than blue groper)"; (c) in item 71, for the words and expressions in Column 4 substitute— "20 litres of whole yabby or 150 whole yabby or 5 litres of yabby meat in any form not exceeding 150 tails (including claws or other parts)". r. 19 -- 28 of 35 -- Part 3—Other Amendments to the Fisheries Regulations 2009 Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 26 Authorised by the Chief Parliamentary Counsel 22 New regulation 124A inserted After regulation 124 of the Fisheries Regulations 2009 insert— "124A Prohibition of possession of yabby (1) For the purposes of section 67 of the Act, the possession by a person who is not on, in, or next to Victorian waters of the following amount of yabby in any form is prohibited unless the person is of a class of person set out in subregulation (2)— (a) more than 60 litres of whole yabby; (b) more than 400 whole yabby; (c) more than 10 litres of yabby (other than whole yabby) not exceeding 400 tails. (2) For the purposes of subregulation (1), the classes of persons are— (a) holders of, or persons acting on behalf of the holders of, an aquaculture licence authorising the hatching, rearing, breeding, growing or displaying of yabby who possess yabby in accordance with that licence, the Act and the regulations; or (b) holders of, or persons acting on behalf of the holders of, a general permit under section 49 of the Act authorising the taking or possessing of yabby who possess yabby in accordance with that permit, the Act and the regulations; or r. 22 -- 29 of 35 -- Part 3—Other Amendments to the Fisheries Regulations 2009 Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 27 Authorised by the Chief Parliamentary Counsel (c) holders of, or persons acting on behalf of the holders of a Bait (General) Fishery Access Licence who possess yabby in accordance with that licence, the Act and the regulations; or (d) persons who possess yabby received from a person referred to in paragraph (a), (b) or (c).". 23 New regulation 189A inserted After regulation 189 of the Fisheries Regulations 2009 insert— "189A Licence holder must not lease licence The licence holder must not lease the licence to another person.". 24 Activities authorised by a Trawl (Inshore) Fishery Access Licence In regulation 208(a) of the Fisheries Regulations 2009, for ", sea urchin and, unless specified in the licence under regulation 33, bug" substitute "and sea urchin". 25 Regulation 212 substituted For regulation 212 of the Fisheries Regulations 2009 substitute— "212 Catch limit for bug The licence holder must not, during any fishing trip, take, or possess on board the boat specified in the licence, or land from that boat, more than 40 kilograms of bug unless the Secretary has specified in the licence that the licence holder may take more than 40 kilograms of bug.". r. 23 -- 30 of 35 -- Part 3—Other Amendments to the Fisheries Regulations 2009 Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 28 Authorised by the Chief Parliamentary Counsel 26 New regulation 234AA inserted After regulation 234 of the Fisheries Regulations 2009 insert— "234AA Licence holder must not lease licence The licence holder must not lease the licence to another person.". 27 Closed season for rock lobster In regulation 322(2) of the Fisheries Regulations 2009, after "of any rock lobster" insert "from, or in, on or next to Victorian waters,". 28 Scallop to be weighed after landing and information given to the Secretary In regulation 413I(1)(a) of the Fisheries Regulations 2009 omit "electronically". r. 26 -- 31 of 35 -- Part 3—Other Amendments to the Fisheries Regulations 2009 Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 29 Authorised by the Chief Parliamentary Counsel 29 New Schedule 6A inserted After Schedule 6 to the Fisheries Regulations 2009 insert— "SCHEDULE 6A TOORLOO ARM AND NOWA NOWA ARM OF LAKE TYERS Regulation 85(1) __________________". __________________ r. 29 -- 32 of 35 -- Part 4—Amendment of the Fisheries (Fees, Royalties and Levies) Regulations 2008 Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 30 Authorised by the Chief Parliamentary Counsel PART 4—AMENDMENT OF THE FISHERIES (FEES, ROYALTIES AND LEVIES) REGULATIONS 2008 30 Levies on access licences After regulation 17(1)(sa) of the Fisheries (Fees, Royalties and Levies) Regulations 20082 insert— "(sb) Sea Urchin Fishery Access Licence;". 31 Levies on general permits (1) Regulation 27(1)(c) and (2)(c) of the Fisheries (Fees, Royalties and Levies) Regulations 2008 are revoked. (2) In regulation 27(1)(b) of the Fisheries (Fees, Royalties and Levies) Regulations 2008, for "fishery;" substitute "fishery.". (3) In regulation 27(2)(b) of the Fisheries (Fees, Royalties and Levies) Regulations 2008, for "units;" substitute "units.". 32 Application and transfer fees for commercial fishery access licences After item 19A in Schedule 1 to the Fisheries (Fees, Royalties and Levies) Regulations 2008 insert— "19B Sea Urchin Fishery Access Licence 18⋅5 fee units Not applicable". r. 30 -- 33 of 35 -- Part 4—Amendment of the Fisheries (Fees, Royalties and Levies) Regulations 2008 Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 31 Authorised by the Chief Parliamentary Counsel 33 Levies for access licences In Schedule 2 to the Fisheries (Fees, Royalties and Levies) Regulations 2008— (a) after item 20 in Part A insert— "20A Sea Urchin Fishery Access Licence 34·6 fee units 20·8 fee units 31·5 fee units 7·9 fee units"; (b) after item 20 in Part B insert— "20A Sea Urchin Fishery Access Licence 51·5 fee units 30·9 fee units 47·0 fee units 11·7 fee units"; (c) after item 20 in Part C insert— "20A Sea Urchin Fishery Access Licence 74·1 fee units 44·5 fee units 67·6 fee units 16·8 fee units". 34 Grants levy for sea urchin access licences After item 20 in Schedule 6 to the Fisheries (Fees, Royalties and Levies) Regulations 2008 insert— "20A Sea Urchin Fishery Access Licence 32·1 fee units 9". ═══════════════ r. 33 -- 34 of 35 -- Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2014 S.R. No. 96/2014 32 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4(1): 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 68/2013 and 5/2014. 2 Reg. 30: S.R. No. 4/2008. Reprint No. 1 as at 1 April 2014. Reprinted to S.R. No. 5/2014. Endnotes -- 35 of 35 --