Fisheries Amendment Regulations 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Fisheries Amendment Regulations 2013 S.R. No. 18/2013 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Principal Regulations 2 5 Definitions 2 6 New regulation 58A inserted 2 58A Taking of fish in a recreational reef zone prohibited 2 7 Regulation 64 substituted 3 64 Marking of equipment 3 8 New regulation 71A inserted 4 71A Conditions of a permit 4 9 Use of recreational bait net not permitted in certain waters 4 10 Offences to possess certain fish other than whole or in the form of a carcass 4 11 Offences relating to marine invertebrates in Port Phillip Bay 5 12 New regulation 102A inserted 5 102A Offence to use as bait or release live European green shore crab 5 13 Use of commercial fishing equipment or commercial abalone equipment prohibited in certain waters 6 14 Minimum sizes 6 15 Catch limits 6 16 New Schedule 19 16 SCHEDULE 19—Recreational Reef Zones 16 ═══════════════ ENDNOTES 18 -- 1 of 19 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 18/2013 Fisheries Act 1995 Fisheries Amendment Regulations 2013 The Governor in Council makes the following Regulations: Dated: 12 February 2013 Responsible Minister: PETER WALSH Minister for Agriculture and Food Security MATTHEW McBEATH Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to amend the Fisheries Regulations 2009— (a) to describe areas of marine waters to be known as recreational reef zones and to prohibit commercial fishing and use of certain commercial fishing equipment in those zones; and (b) to prohibit the use of recreational bait nets in Tamboon and Sydenham Inlets; and (c) to insert offences relating to European green shore crabs; and (d) to make amendments to other offences; and (e) to alter the daily catch limits for certain species of fish; and (f) to make minor miscellaneous amendments. -- 2 of 19 -- S.R. No. 18/2013 Fisheries Amendment Regulations 2013 2 Authorised by the Chief Parliamentary Counsel 2 Authorising provision These Regulations are made under section 153 of the Fisheries Act 1995. 3 Commencement (1) These Regulations (except regulation 7) come into operation on 1 March 2013. (2) Regulation 7 comes into operation on 1 June 2013. 4 Principal Regulations In these Regulations, the Fisheries Regulations 20091 are called the Principal Regulations. 5 Definitions In regulation 5 of the Principal Regulations insert the following definitions— "Cape Liptrap Coastal Park means the areas of land described in Part 15 of Schedule 3 to the National Parks Act 1975; recreational reef zone means any area of marine waters specified in Column 1 of the Table in Schedule 19, being the area specified by the latitude and longitude measurements set out in Columns 3 and 4 of the Table corresponding to that zone;". 6 New regulation 58A inserted After regulation 58 of the Principal Regulations insert— "58A Taking of fish in a recreational reef zone prohibited The licence holder must not take or attempt to take any fish in a recreational reef zone.". r. 2 -- 3 of 19 -- S.R. No. 18/2013 Fisheries Amendment Regulations 2013 3 Authorised by the Chief Parliamentary Counsel 7 Regulation 64 substituted For regulation 64 of the Principal Regulations substitute— "64 Marking of equipment (1) The licence holder must ensure that any of the following equipment that is used by him or her is attached to a surface buoy, flag, stake or other object that is clearly, legibly and accurately marked with the number of his or her access licence— (a) any trap, crab pot, longline, commercial hoop net or mesh net; (b) any fleet or line of mesh nets, commercial hoop nets or pots; (c) any cage or coff used for the purpose of holding fish. (2) The licence holder must ensure that any rock lobster pot used by him or her is attached to a surface buoy or flag that is marked with the registration number of the boat used in the setting of that equipment. (3) The licence holder must ensure that equipment referred to in subregulation (1) or (2) does not contain any markings other than the number of his or her access licence or boat registration number, as appropriate. (4) The licence holder must ensure that any yabby pot used by him or her is attached to a surface buoy that is marked with his or her access licence number. (5) The licence holder must ensure that any fleet or line of octopus traps set by him or her is attached to a surface buoy that is marked with his or her access licence number.". r. 7 -- 4 of 19 -- S.R. No. 18/2013 Fisheries Amendment Regulations 2013 4 Authorised by the Chief Parliamentary Counsel 8 New regulation 71A inserted After regulation 71 of the Principal Regulations insert— "71A Conditions of a permit (1) For the purposes of section 52(1)(b) of the Act, the following provisions in this section set out the conditions to which every permit is subject. (2) The permit holder must not take or attempt to take any fish in a recreational reef zone unless— (a) the permit authorises the taking of fish in that zone; and (b) the permit holder, or a person acting on behalf of the holder, is acting in accordance with the permit, the Act and these Regulations.". 9 Use of recreational bait net not permitted in certain waters (1) In regulation 85(1)(d) of the Principal Regulations, for "Tyers." substitute "Tyers;". (2) After regulation 85(1)(d) of the Principal Regulations insert— "(e) Tamboon Inlet; (f) Sydenham Inlet.". 10 Offences to possess certain fish other than whole or in the form of a carcass (1) In regulation 93(4) of the Principal Regulations, after "whiting" insert ", tuna". r. 8 -- 5 of 19 -- S.R. No. 18/2013 Fisheries Amendment Regulations 2013 5 Authorised by the Chief Parliamentary Counsel (2) After regulation 93(5) of the Principal Regulations insert— "(6) In this regulation tuna means the species of the scombrid genus Thunnus, including albacore, southern bluefin, yellowfin and big eye.". 11 Offences relating to marine invertebrates in Port Phillip Bay In regulation 96(1) of the Principal Regulations, for "bass yabby" substitute "burrowing shrimp (including Bass yabby)". 12 New regulation 102A inserted After regulation 102 of the Principal Regulations insert— "102A Offence to use as bait or release live European green shore crab (1) A person must not use live European green shore crab as bait in or on any Victorian waters. Penalty: 20 penalty units. (2) A person must not release live European green shore crab into or next to any Victorian waters. Penalty: 20 penalty units. (3) A person does not commit an offence under subregulation (2) if the person has taken the European green shore crab from those waters and immediately releases the crab into those waters.". r. 11 -- 6 of 19 -- S.R. No. 18/2013 Fisheries Amendment Regulations 2013 6 Authorised by the Chief Parliamentary Counsel 13 Use of commercial fishing equipment or commercial abalone equipment prohibited in certain waters (1) In regulation 111(e) of the Principal Regulations, for "(d)." substitute "(d);". (2) After regulation 111(e) of the Principal Regulations insert— "(f) in a recreational reef zone.". 14 Minimum sizes In the Table in regulation 118(1) of the Principal Regulations, in column 3 of item 20, for "23" substitute "20". 15 Catch limits For the Table at the foot of regulation 124(1) of the Principal Regulations substitute— "Table Column 1 Item Column 2 Species of fish Column 3 Waters Column 4 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified) 1 Albacore (including skipjack tuna) All Victorian waters 5 2 Anchovy, pilchard and other clupeoids All Victorian waters 40 3 Australian bass (a) All Victorian waters except Lake Bullen Merri 2 (b) Lake Bullen Merri 5 r. 13 -- 7 of 19 -- S.R. No. 18/2013 Fisheries Amendment Regulations 2013 7 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Species of fish Column 3 Waters Column 4 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified) 4 Australian salmon and Australian herring (tommy ruff) All Victorian waters A total of 20 fish (of one species or a combination of both species) 5 Barracouta All Victorian waters 20 6 Black cod All Victorian waters 0 7 Blue groper All Victorian waters 0 8 Bluethroat wrasse All Victorian waters 5 9 Boarfish (all species) All Victorian waters 1 10 Bream (all species) All Victorian waters 10 11 Common spotted galaxias, flathead galaxias, mountain galaxias, broad- finned galaxias and Australian smelt All Victorian waters 40 (of one species or a combination of all species) 12 Crabs (all species except giant crab and European green shore crab) All Victorian waters 30 crabs or 1 litre of whole or parts of crabs r. 15 -- 8 of 19 -- S.R. No. 18/2013 Fisheries Amendment Regulations 2013 8 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Species of fish Column 3 Waters Column 4 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified) 13 Eel, longfin and Southern shortfin (long and short finned) All Victorian waters 10 14 Elephantfish All Victorian waters 1 15 Estuary perch (and Australian bass and hybrids) All Victorian waters A total of 5 fish (of which no more than 2 may be Australian bass) 16 European green shore crab All Victorian waters No limit 17 Flathead (all species except dusky flathead and flathead gudgeon) All Victorian waters 20 18 Flathead, dusky All Victorian waters 5 (of which no more than 1 fish may be equal to or exceed 60 cm in length) 19 Flathead gudgeon All Victorian waters 40 20 Flounder (all species) All Victorian waters 20 r. 15 -- 9 of 19 -- S.R. No. 18/2013 Fisheries Amendment Regulations 2013 9 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Species of fish Column 3 Waters Column 4 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified) 21 Freshwater catfish (a) Inland waters within the Wimmera Basin 2 (b) All other inland waters 0 22 Garfish (all species) All Victorian waters 40 23 Glenelg spiny freshwater crayfish All Victorian waters 0 24 Golden perch (a) Rivers and streams of inland waters 5 (b) Lakes and impound- ments of inland waters 10 25 Gurnard (all species) All Victorian waters 10 26 Hardyhead All Victorian waters 40 27 King George whiting All Victorian waters 20 28 Leatherjacket (all species) All Victorian waters 20 29 Ling (all species) All Victorian waters 5 30 Longfin pike and snook All Victorian waters 10 r. 15 -- 10 of 19 -- S.R. No. 18/2013 Fisheries Amendment Regulations 2013 10 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Species of fish Column 3 Waters Column 4 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified) 31 Luderick All Victorian waters 10 32 Mackerel (all species other than yellowtail scad) All Victorian waters 40 33 Macquarie perch (a) Lake Dartmouth and all its tributaries 1 (b) Yarra River and all its tributaries 2 (c) Upper Coliban Reservoir and all its tributaries 2 (d) All other Victorian waters 0 34 Marlin (all species) All Victorian waters 1 35 Molluscs (all species other than abalone, mussels, pipis, scallop, squid, octopus, oysters and cuttlefish) All Victorian waters 5 litres (or, if shucked or split, 1 litre) 36 Morwong (all species) All Victorian waters 5 r. 15 -- 11 of 19 -- S.R. No. 18/2013 Fisheries Amendment Regulations 2013 11 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Species of fish Column 3 Waters Column 4 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified) 37 Mullet (all species) All Victorian waters 40 38 Mulloway All Victorian waters 5 39 Murray cod All Victorian waters 2 (of which no fish may exceed 100 centi- metres in length) 40 Mussels (all species) All Victorian waters 10 litres (or, if shucked or split, 1 litre) 41 Oyster (all species) All Victorian waters 50 42 Pipis (a) Cape Liptrap Coastal Park 2 litres (or, if shucked or split, 0⋅5 litre) (b) All other Victorian waters 5 litres (or, if shucked or split, 1 litre) 43 Prawn (all species) All Victorian waters 30 litres whole prawns (or 5 litres prawn meats) 44 Redfin All Victorian waters No limit 45 River blackfish All Victorian waters 5 r. 15 -- 12 of 19 -- S.R. No. 18/2013 Fisheries Amendment Regulations 2013 12 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Species of fish Column 3 Waters Column 4 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified) 46 Salmonids (a) Rivers, streams of inland waters and family fishing lakes 5 (of which no more than 2 fish may exceed 35 centimetres in length) (b) all other lakes and impound- ments of inland waters 5 47 Sand worm and other marine worms (all species) All Victorian waters 0⋅5 litre (whether whole or part) 48 Scad, yellowtail All Victorian waters 40 49 Seahorses, seadragons and pipefish All Victorian waters 0 50 Sea urchin (all species) All Victorian waters 20 51 Shark (all species other than school and gummy shark, great white and grey nurse shark and elephantfish) All Victorian waters 1 (of each species) 52 Shark (great white and grey nurse) All Victorian waters 0 r. 15 -- 13 of 19 -- S.R. No. 18/2013 Fisheries Amendment Regulations 2013 13 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Species of fish Column 3 Waters Column 4 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified) 53 Shark (school and gummy) All Victorian waters A total of 2 fish (of one species or a combination of both species) 54 Shrimp (burrowing shrimp including Bass yabby) All Victorian waters 100 (whether whole or in part) 55 Shrimp (swimming shrimp) All Victorian waters 0⋅5 litre 56 Silver perch (a) Lakes and impound- ments of inland waters north of the Great Dividing Range (excluding the Wimmera Basin) 5 (b) Rivers and streams of inland waters north of the Great Dividing Range (excluding the Wimmera Basin) 0 r. 15 -- 14 of 19 -- S.R. No. 18/2013 Fisheries Amendment Regulations 2013 14 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Species of fish Column 3 Waters Column 4 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified) (c) All inland waters south of the Great Dividing Range (including the Wimmera Basin) 5 57 Silver trevally All Victorian waters 20 58 Skates and rays (all species) All Victorian waters A total of 5 fish (of one species or a combination of species) 59 Snapper All Victorian waters 10 (of which no more than 3 fish may be equal to or exceed 40 centimetres in length) 60 Southern rock cod All Victorian waters 20 61 Spiny freshwater crayfish (other than Glenelg spiny freshwater crayfish) All Victorian waters 5 (of which no more than 1 fish may be equal to or exceed 12 centimetres in carapace length) r. 15 -- 15 of 19 -- S.R. No. 18/2013 Fisheries Amendment Regulations 2013 15 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Species of fish Column 3 Waters Column 4 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified) 62 Squid (including calamari), octopus and cuttlefish (all species) All Victorian waters A total of 10 fish (of one species or a combination of all species) 63 Sweep (all species) All Victorian waters 10 64 Swordfish All Victorian waters 1 65 Tailor All Victorian waters 20 66 Tasmanian whitebait All Victorian waters 40 67 Tuna (including southern bluefin, yellowfin and big eye) All Victorian waters 2 68 Warehou (haddock) (all species) All Victorian waters 20 69 Whiting (all species other than King George whiting) All Victorian waters 20 70 Wrasse (all species other than bluethroat wrasse and blue groper) All Victorian waters 5 r. 15 -- 16 of 19 -- S.R. No. 18/2013 Fisheries Amendment Regulations 2013 16 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Species of fish Column 3 Waters Column 4 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified) 71 Yabby (freshwater) All Victorian waters 30 litres of whole yabby (or 5 litres yabby meat) 72 Yellowtail kingfish All Victorian waters 5 ". 16 New Schedule 19 After Schedule 18 of the Principal Regulations insert— "__________________ "SCHEDULE 19 Regulation 5 RECREATIONAL REEF ZONES 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'' r. 16 -- 17 of 19 -- S.R. No. 18/2013 Fisheries Amendment Regulations 2013 17 Authorised by the Chief Parliamentary Counsel Column 1 Recreational reef zone Column 2 Corner of zone Column 3 Latitude Column 4 Longitude 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'' 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'' ". ═══════════════ r. 16 -- 18 of 19 -- S.R. No. 18/2013 Fisheries Amendment Regulations 2013 18 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 2/2009 as amended by S.R. Nos 19/2009 and 118/2010. —— Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. In accordance with section 11 of the Monetary Units Act 2004, the value of a penalty unit for the financial year commencing 1 July 2012 is $140.84. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 19 of 19 --