Fisheries (Recreational Abalone) Regulations 2005
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Fisheries (Recreational Abalone) Regulations 2005
S.R. No. 103/2005
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1
2. Authorising provision 2
3. Commencement 2
4. Amendments to conditions of Abalone Fishery Access
Licences 2
5. Amendments to conditions of Fish Receivers' (Abalone)
Licences 2
6. Amendments to catch limits for recreational abalone fishing 3
7. Closed seasons 5
8. Taking of greenlip abalone from Port Phillip Bay prohibited 7
9. Amendments to restrictions on shucking of abalone 8
10. Removal of requirement to cut abalone meat 8
11. Miscellaneous amendments 8
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ENDNOTES 9
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1
STATUTORY RULES 2005
S.R. No. 103/2005
Fisheries Act 1995
Fisheries (Recreational Abalone) Regulations 2005
The Governor in Council makes the following Regulations:
Dated: 30 August 2005
Responsible Minister:
BOB CAMERON
Minister for Agriculture
RUTH LEACH
Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are to amend
the Fisheries Regulations 1998 to—
(a) reduce the catch limits for recreational
abalone fishing in specified Victorian waters;
and
(b) close recreational abalone fishing in
specified Victorian waters apart from a
period specified by fisheries notice; and
(c) prohibit the taking of greenlip abalone in
Port Phillip Bay; and
(d) remove the requirement to cut the meat of
recreationally caught abalone; and
(e) revoke provisions limiting the possession of
recreationally caught abalone for persons in
vehicles or boats; and
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(f) make miscellaneous amendments to the
conditions of commercial abalone licences;
and
(g) make other miscellaneous amendments.
2. Authorising provision
These Regulations are made under section 153 of
the Fisheries Act 1995.
3. Commencement
These Regulations come into operation on
1 September 2005.
4. Amendments to conditions of Abalone Fishery
Access Licences
In regulation 303(3) of the Fisheries Regulations
19981 —
(a) in paragraph (z), after "are retained by him
or her" insert ", subject to paragraph (zaa)";
(b) after paragraph (z) insert—
"(zaa) that he, she or any person acting under
the licence must return to an address
specified by the Secretary the
documents referred to in paragraph (z)
specified by the Secretary; and".
5. Amendments to conditions of Fish Receivers'
(Abalone) Licences
In regulation 330 of the Fisheries Regulations
1998—
(a) after paragraph (b)(ii) insert—
"(iii) maintain a facsimile machine on the
licensed premises and, to the extent that
is reasonably possible, ensure that the
facsimile machine is in working order
at all times and connected to an
operating telephone service; and
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(iv) provide the Secretary with the
telephone number connected to the
facsimile machine referred to in
sub-paragraph (iii); and";
(b) in paragraph (g), after "premises" insert
", subject to paragraph (ga)";
(c) after paragraph (g) insert—
"(ga) must ensure that he, she or any person
acting under the licence return to an
address specified by the Secretary the
documents referred to in paragraph (g)
specified by the Secretary; and".
6. Amendments to catch limits for recreational abalone
fishing
(1) In the Table in regulation 503(1) of the Fisheries
Regulations 1998, omit the items relating to
"Abalone" and "Greenlip abalone".
(2) Regulation 503(2) of the Fisheries Regulations
1998 is revoked.
(3) In the Table in regulation 503(3) of the Fisheries
Regulations 1998, before the item relating to
"Australian bass" insert—
"Abalone,
all species
All marine
waters
except
central
Victorian
waters
10 (of which
no more
than 2 fish
may be
greenlip
abalone)
10 (of which
no more than
2 fish may be
greenlip
abalone)
Abalone, all
species
Central
Victorian
waters,
except Port
Phillip Bay
5 (of which
no more
than 2 fish
may be
greenlip
abalone)
5 (of which no
more than 2
fish may be
greenlip
abalone)
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Abalone, all
species,
forms and
hybrids
other than
greenlip
Port Phillip
Bay
5 5
Abalone,
greenlip
Port Phillip
Bay
0 (protected) 0 (protected)".
(4) After regulation 503(3A) of the Fisheries
Regulations 1998 insert—
'(3B) For the purposes of the Table in sub-
regulation (3) "central Victorian waters"
means the marine waters between longitude
143° 27' 36" East (mouth of the Aire River)
and 145° 53' 35" East, 38° 50' 19" South
(north-western part of Arch Rock) where the
eastern boundary is a line running due west
from the most north-western part of Arch
Rock to the seaward limit of State waters.
(3C) For the purposes of section 68A of the Act,
the catch limit with respect to the possession
of abalone anywhere in Victoria, other than
in, on or next to central Victorian waters, is
10 abalone (of which no more than 2 may be
greenlip abalone).'.
(5) In regulation 503(4) of the Fisheries Regulations
1998, for "Sub-regulations (1), (2), (3) and (6)"
substitute "Sub-regulations (1), (3) and (3C)".
(6) In regulation 503(5) of the Fisheries Regulations
1998, for "Sub-regulations (2) and (6) do not"
substitute "Sub-regulation (3C) does not".
(7) Regulations 503(6), 503(7) and 503(8) of the
Fisheries Regulations 1998 are revoked.
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7. Closed seasons
For regulations 506(1) and 506(2) of the Fisheries
Regulations 1998 substitute—
'(1) For the purposes of section 67 of the Act, the
closed season for fish of the species specified
in column 1 of the Table below in the waters
specified in column 2 of the Table, is
specified in column 3 of the Table opposite
that species of fish.
Table
Column 1 Column 2 Column 3 Column 4
Fish Waters closed
Period of closed
season
Person or class
of person to
whom closed
season applies
Abalone, all
species
Central
Victorian
waters, except
Port Phillip Bay
The whole year,
excluding any
period specified
by a fisheries
notice under
section 152 of
the Act
Any person
other than the
holder of an
Abalone Fishery
Access Licence
or a person
acting under the
licence
Abalone, all
species, other
than greenlip
Port Phillip Bay The whole year,
excluding any
period specified
by a fisheries
notice under
section 152 of
the Act
Any person
other than the
holder of an
Abalone Fishery
Access Licence
or a person
acting under the
licence
Abalone,
greenlip
All Victorian
waters, except
Port Phillip Bay
1 October in
each year to
31 March in the
next year
following
The holder of an
Abalone Fishery
Access Licence
or a person
acting under the
licence
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Column 1 Column 2 Column 3 Column 4
Fish Waters closed
Period of closed
season
Person or class
of person to
whom closed
season applies
Giant crab
(female)
All Victorian
waters
1 June to
15 November in
each year
Any person
Giant crab
(male)
All Victorian
waters
1 September to
15 November in
each year
Any person
Macquarie perch All Victorian
waters
1 October to
31 December in
each year
Any person
Murray cod All Victorian
waters
1 September to
30 November in
each year
Any person
Murray spiny
freshwater
crayfish
All inland
waters north of
the Great
Dividing Range
1 September in
each year to
30 April in the
next year
following
Any person
River blackfish Victorian waters
south of the
Great Dividing
Range
1 September to
31 December in
each year
Any person
Rock lobster
(female)
All Victorian
waters
1 June to
15 November in
each year
Any person
Rock lobster
(male)
All Victorian
waters
1 September to
15 November in
each year
Any person
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Column 1 Column 2 Column 3 Column 4
Fish Waters closed
Period of closed
season
Person or class
of person to
whom closed
season applies
Salmonids
(brown trout,
rainbow trout,
Atlantic salmon,
chinook salmon)
All inland
waters except
the inland waters
specified in
Part C of
Schedule 11,
lakes and
reservoirs
From midnight
on the Monday
of the Queen's
Birthday
weekend in June
each year, to
midnight on the
Friday before
the first
Saturday in
September each
year
Any person
(1A) For the purposes of the Table in sub-
regulation (1) "central Victorian waters"
has the same meaning as it has in
regulation 503(3B).
(2) The taking or possession of fish of the
species specified in column 1 of the Table in
sub-regulation (1) from the waters specified
in column 2 of that Table by a person
specified in column 4 of that Table during
the closed season for fish of that species is
prohibited.'.
8. Taking of greenlip abalone from Port Phillip Bay
prohibited
For regulation 510(3) of the Fisheries Regulations
1998 substitute—
"(3) The taking of greenlip abalone from the
waters of Port Phillip Bay is prohibited.".
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9. Amendments to restrictions on shucking of abalone
(1) After regulation 522(2) of the Fisheries
Regulations 1998 insert—
"(2A) A person who takes or possesses abalone
must retain the abalone meat in its shell until
before cooking or until that abalone has been
taken to the person's ordinary place of
residence.
Penalty: 20 penalty units.".
(2) In regulation 522(3) of the Fisheries Regulations
1998, for "Sub-regulations (1) and (2)" substitute
"Sub-regulations (1), (2) and (2A)".
10. Removal of requirement to cut abalone meat
Regulations 538 and 539 of the Fisheries
Regulations 1998 are revoked.
11. Miscellaneous amendments
(1) In regulations 328(1)(d)(iii), 328(2)(b)(iii) and
329(d)(iii) of the Fisheries Regulations 1998, for
"the certificate" substitute "the abalone transfer
certificate".
(2) In regulation 526 of the Fisheries Regulations
1998 omit "yabby pot," (wherever occurring).
(3) In regulation 627(2) of the Fisheries Regulations
1998, for ", a Fish Receivers' (Abalone) Licence
and Fish Receivers' (Abalone Storer) Licence"
substitute "and a Fish Receivers' (Abalone)
Licence".
(4) In regulation 636(a)(ii) of the Fisheries
Regulations 1998, for "Parts B and C have"
substitute "Part B has".
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ENDNOTES
1 Reg. 4: S.R. No. 23/1998. Reprint No. 5 as at 1 April 2005. Reprinted to
S.R. No. 9/2005 and subsequently amended by S.R. No. 86/2005.
Endnotes
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