Fisheries (Western Port) (Amendment) Regulations 2007

Fisheries (Western Port) (Amendment) Regulations 2007 S.R. No. 143/2007 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Entitlements of Western Port/Port Phillip Bay Fishery Access Licence 1 4 Conditions of a Western Port/Port Phillip Bay Fishery Access Licence 2 5 Prohibitions on the use of certain boats or equipment 2 6 Revocation of offence to stock fish into protected waters 3 7 New regulation 637A inserted 3 637A Exemption relating to stocking fish into protected waters 3 ═══════════════ ENDNOTES 4 i -- 1 of 5 -- STATUTORY RULES 2007 S.R. No. 143/2007 Fisheries Act 1995 Fisheries (Western Port) (Amendment) Regulations 2007 The Governor in Council makes the following Regulations: Dated: 18 December 2007 Responsible Minister: JOE HELPER Minister for Agriculture MELISSA VAN ROSSUM Acting Clerk of the Executive Council 1 Objective The objective of these Regulations is to remove the entitlement to use fishing nets in Western Port under a Western Port/Port Phillip Bay Fishery Access Licence and to make consequential and miscellaneous amendments. 2 Authorising provision These Regulations are made under section 153 of the Fisheries Act 1995. 3 Entitlements of Western Port/Port Phillip Bay Fishery Access Licence (1) In regulation 225(a) of the Fisheries Regulations 19981 omit "and Western Port". 1 -- 2 of 5 -- S.R. No. 143/2007 Fisheries (Western Port) (Amendment) Regulations 2007 r. 4 (2) For regulation 225(b) of the Fisheries Regulations 1998 substitute— "(b) in Western Port, to— (i) take for sale fishing bait and fish (other than abalone, jellyfish, rock lobster, scallop and sea urchin); and (ii) use an octopus trap, bay fish trap, fishing line (including a long line), underwater breathing apparatus and a hand operated bait pump; and (iii) use other commercial fishing equipment specified in the licence; and (iv) use the assistance of one or more people to carry out any activity authorised under the licence; and". 4 Conditions of a Western Port/Port Phillip Bay Fishery Access Licence (1) In regulation 323(2A) of the Fisheries Regulations 1998, after "working together" insert "in Port Phillip Bay". (2) In regulation 323(3) of the Fisheries Regulations 1998— (a) omit paragraphs (b), (c), (d), (e), (i), (j) and (l); (b) in paragraph (k), for "day; and" substitute "day.". 5 Prohibitions on the use of certain boats or equipment In regulation 507(1)(i) of the Fisheries Regulations 1998, after "Port Phillip Bay," omit "Western Port,". 2 -- 3 of 5 -- S.R. No. 143/2007 Fisheries (Western Port) (Amendment) Regulations 2007 r. 6 6 Revocation of offence to stock fish into protected waters Regulation 530 of the Fisheries Regulations 1998 is revoked. 7 New regulation 637A inserted After regulation 637 of the Fisheries Regulations 1998 insert— "637A Exemption relating to stocking fish into protected waters (1) The Secretary may, in writing, exempt a person from section 42(1)(ba) of the Act in relation to the stocking of fish into protected waters, if the Secretary considers it necessary or reasonable in the circumstances of a particular case. (2) The Secretary may impose conditions on the exemption relating to the stocking of fish into protected waters. (3) In granting an exemption, the Secretary must specify— (a) the place at which the exemption applies; and (b) the period during which the exemption applies; and (c) the circumstances in which the exemption applies; and (d) any conditions that apply to the exemption.". ═══════════════ 3 -- 4 of 5 -- S.R. No. 143/2007 Fisheries (Western Port) (Amendment) Regulations 2007 Endnotes ENDNOTES 1 Reg. 3(1): S.R. No. 23/1998. Reprint No. 6 as at 1 April 2006. Reprinted to S.R. No. 28/2006 and subsequently amended by S.R. Nos 63/2006, 109/2006, 122/2006 and 12/2007. 4 -- 5 of 5 --