Fisheries (Documentation) Regulations 2006

i Fisheries (Documentation) Regulations 2006 S.R. No. 109/2006 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Principal Regulations 1 4. Definition 2 5. Offence to sell unmarked or unlabelled abalone 2 6. Substitution of regulation 543 2 543. Offence to remove abalone packaging 2 7. Substitution of heading for Division 5 of Part 6 2 8. Documents detailing sale and possession of certain fish 3 629. Required form of documentation for sale of abalone 3 629A. Person required to have document in his or her possession 4 629B. Exemptions from documentation requirements 5 9. Offence to use documents issued to licence holder 5 10. Offence to receive rock lobster or giant crab from licence holder without a catch disposal record 5 11. New Division 9 inserted 6 Division 9—Abalone labelling 6 645. Abalone only to be sold in properly labelled packaging 6 12. Consequential amendments 6 13. Amendment of Schedule 14 7 ═══════════════ ENDNOTES 8 -- 1 of 9 -- 1 STATUTORY RULES 2006 S.R. No. 109/2006 Fisheries Act 1995 Fisheries (Documentation) Regulations 2006 The Governor in Council makes the following Regulations: Dated: 22 August 2006 Responsible Minister: BOB CAMERON Minister for Agriculture RUTH LEACH Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Fisheries Regulations 1998 to— (a) make further provision for the documentation detailing the sale and possession of abalone, rock lobster and giant crab; and (b) improve abalone catch reporting requirements. 2. Authorising provision These Regulations are made under section 153 of the Fisheries Act 1995. 3. Principal Regulations In these Regulations, the Fisheries Regulations 1998 1 are called the Principal Regulations. -- 2 of 9 -- S.R. No. 109/2006 Fisheries (Documentation) Regulations 2006 2 4. Definition In regulation 105(2) of the Principal Regulations, for paragraph (a)(v) of the definition of "specified details" substitute— "(v) the total net weight (in kilograms) of each species of abalone in respect of each commercial abalone reef code recorded on Part A of the docket;". 5. Offence to sell unmarked or unlabelled abalone Regulation 542 of the Principal Regulations is revoked. 6. Substitution of regulation 543 For regulation 543 of the Principal Regulations substitute— "543. Offence to remove abalone packaging (1) A person must not remove packaging containing abalone. Penalty: 20 penalty units. (2) Sub-regulation (1) does not apply to a person who does anything prohibited by that regulation— (a) at a place for the purposes of enabling the abalone to be consumed at that place; or (b) with the authority of the Secretary.". 7. Substitution of heading for Division 5 of Part 6 For the heading to Division 5 of Part 6 of the Principal Regulations substitute— "Division 5—Required documentation". r. 4 -- 3 of 9 -- S.R. No. 109/2006 Fisheries (Documentation) Regulations 2006 3 8. Documents detailing sale and possession of certain fish For regulation 629 of the Principal Regulations substitute— "629. Required form of documentation for sale of abalone (1) For the purposes of section 120AA(1) of the Act, the species of fish specified is abalone, at any quantity. (2) For the purposes of section 120AA(2) of the Act, a document is in the form required by these Regulations if it contains the following details— (a) the full name and address of the seller; (b) the full name and signature of the person completing the form; (c) the date of sale; (d) the net weight (kilograms) of abalone sold; (e) the product description of the abalone; (f) in respect of each sale, a unique identifying number generated from a sequential system of numbering each sale for the purposes of the record; (g) the full name and address of the person who processed the abalone or the trader identification number or approved AQIS number of the place where the abalone was processed; (h) the date the abalone was packaged. r. 8 -- 4 of 9 -- S.R. No. 109/2006 Fisheries (Documentation) Regulations 2006 4 629A. Person required to have document in his or her possession (1) For the purposes of section 120AC(1)(a) of the Act, the following species and quantities of fish are specified— (a) rock lobster, at a quantity of more than 2; (b) giant crab, at a quantity of more than 2; (c) abalone, at any quantity. (2) For the purposes of section 120AC(2), a person who receives— (a) rock lobster from a Rock Lobster Fishery Access Licence holder at the place where the rock lobster was landed, must have in his or her possession the original Catch Disposal record in respect of the rock lobster; (b) giant crab from a Giant Crab Fishery Access Licence holder at the place where the giant crab was landed, must have in his or her possession the original Catch Disposal record in respect of the giant crab; (c) abalone from a Fish Receivers' (Abalone) Licence holder, must have in his or her possession— (i) the duplicate and triplicate copy of an abalone transfer certificate issued by the licence holder in respect to that abalone; or (ii) a copy of a document containing the details specified in regulation 629(2), except those in regulation 629(2)(g) and (h); r. 8 -- 5 of 9 -- S.R. No. 109/2006 Fisheries (Documentation) Regulations 2006 5 (d) abalone from any other person, must have in his or her possession a copy of a document issued in accordance with regulation 629(2). 629B. Exemptions from documentation requirements The following persons are exempt from the documentation requirements specified in sections 120AA, 120AB and 120AC of the Act, and regulations 629 and 629A— (a) the holder of an Abalone Fishery Access Licence, Rock Lobster Fishery Access Licence or Giant Crab Fishery Access Licence acting under the licence; (b) the holder of a Fish Receivers' (Abalone) Licence acting under the licence; (c) the holder of an Aquaculture (Private) Licence or Aquaculture (Crown) Licence acting under the licence.". 9. Offence to use documents issued to licence holder In regulation 630(1) of the Principal Regulations— (a) after "abalone transfer certificate," insert "abalone transfer certificate book,"; (b) after "small sales return," insert "small sales return book,". 10. Offence to receive rock lobster or giant crab from licence holder without a catch disposal record Regulation 630A of the Principal Regulations is revoked. r. 9 -- 6 of 9 -- S.R. No. 109/2006 Fisheries (Documentation) Regulations 2006 6 11. New Division 9 inserted After regulation 644 of the Principal Regulations insert— "Division 9—Abalone labelling 645. Abalone only to be sold in properly labelled packaging (1) For the purposes of section 118A of the Act, in the case of a Fish Receivers' (Abalone) Licence, the immediate packaging of the abalone is that which is marked or labelled in accordance with regulation 330A. (2) For the purposes of section 118A of the Act, in the case of an Aquaculture (Private) Licence or Aquaculture (Crown) Licence, the immediate packaging of the abalone is that which is marked or labelled in accordance with the conditions imposed on that licence.". 12. Consequential amendments (1) In regulation 329(a)(i) of the Principal Regulations, for "regulation 629 except those in regulation 629(1)(g) and (h)" substitute "regulation 629(2) except those in regulation 629(2)(g) and (h)". (2) In regulations 503(5)(b)(i), 503(5)(b)(ii), 634(1)(b)(i), 634(1)(b)(ii), 634A(1)(a) and 634A(2)(b) of the Principal Regulations, for "regulation 629" substitute "regulation 629(2)". r. 11 -- 7 of 9 -- S.R. No. 109/2006 Fisheries (Documentation) Regulations 2006 7 13. Amendment of Schedule 14 (1) In Schedule 14 to the Principal Regulations, after the item relating to "Section 119B(b)" insert— "Section 120AA(2) 18 months Section 120AB(2) 18 months Section 120AC(1) 18 months". (2) In Schedule 14 to the Principal Regulations, the items relating to "Regulation 629(1) of the Fisheries Regulations 1998" and "Regulation 630A of the Fisheries Regulations 1998" are revoked. ═══════════════ r. 13 -- 8 of 9 -- S.R. No. 109/2006 Fisheries (Documentation) Regulations 2006 8 ENDNOTES 1 Reg. 3: 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. No. 63/2006. Endnotes -- 9 of 9 --