Fisheries (Commercial Abalone) Regulations 2003

i Fisheries (Commercial Abalone) Regulations 2003 S.R. No. 25/2003 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 2 3. Commencement 2 4. Principal Regulations 2 5. Amendments to the definitions 2 6. Removal of obsolete provisions relating to Fish Receivers' (Abalone Storer) Licences and Abalone Weighing Stations in the Principal Regulations 6 7. Amendment to Conditions of Abalone Fishery Access Licence in the Principal Regulations 7 8. Amendment to Conditions of Fish Receivers' (Abalone) Licence in the Principal Regulations 10 9. Amendment to regulation 328 of the Principal Regulations 11 10. Revised arrangements for Secretary's obligations and powers relating to the abalone telephone notification service for reporting by holders of Fish Receivers' (Abalone) Licence 12 11. Secretary's obligations and powers relating to the abalone telephone notification service for reporting by holders of Abalone Fishery Access Licence and Fish Receivers' (Abalone) Licence 13 12. Consequential amendments to offence provisions 15 13. Amendments to the Schedules 16 14. Amendments to the Schedules 16 SCHEDULE 19—Ports and Mooring Areas at which Abalone may be landed 16 ═══════════════ ENDNOTES 19 -- 1 of 20 -- 1 STATUTORY RULES 2003 S.R. No. 25/2003 Fisheries Act 1995 Fisheries (Commercial Abalone) Regulations 2003 The Governor in Council makes the following Regulations: Dated: 25 March 2003 Responsible Minister: BOB CAMERON Minister for Agriculture HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to— (a) amend the conditions for Abalone Fishery Access Licences to implement the beach weighing catch registration system as outlined in the Victorian Abalone Fishery Management Plan 2002; and (b) amend the conditions for Fish Receivers' (Abalone) Licences to implement the beach weighing catch registration system; and (c) remove obsolete references to Abalone Weighing Stations and Abalone Storer's Licences; and (d) revoke certain Schedules to enable certain forms to be directly approved by the Secretary. -- 2 of 20 -- S.R. No. 25/2003 Fisheries (Commercial Abalone) Regulations 2003 2 2. Authorising provision These Regulations are made under section 153 of the Fisheries Act 1995. 3. Commencement These Regulations come into operation on 1 April 2003. 4. Principal Regulations In these Regulations the Fisheries Regulations 19981 are called the Principal Regulations. 5. Amendments to the definitions (1) In regulation 105(1) of the Principal Regulations— (a) in the definition of "abalone docket" omit "in the form of Schedule 2"; (b) in the definition of "abalone transfer certificate" omit— (i) "in the form of Schedule 3"; and (ii) "or a Fish Receivers' (Abalone Storer) Licence"; (c) in the definition of "small sales return" omit "in the form of Schedule 5". (2) In regulation 105(2) of the Principal Regulations— (a) the definitions of "approved weighing station", "notification service", "Secretary's confirmation" and "store" are revoked; (b) insert the following definitions— ' "abalone internet notification service" means the contact service and details notified to a Fish Receivers' (Abalone) Licence holder by the Secretary in accordance with regulation 627(1)(a); r. 2 -- 3 of 20 -- S.R. No. 25/2003 Fisheries (Commercial Abalone) Regulations 2003 3 "abalone telephone notification service" means the interactive voice response telephone service and number notified to the holder of an Abalone Fishery Access Licence by the Secretary in accordance with regulation 627AA(1)(a) or a Fish Receivers' (Abalone) Licence holder in accordance with regulation 627(1)(b) and includes the automated response system which captures the information provided; "abalone quota balance" means the amount of abalone, in kilograms, permitted to be taken by the holder of an Abalone Fishery Access Licence by virtue of the number of individual quota units that the licence holder holds under the licence minus the number of individual quota units taken in the quota period; "place of landing" for the purposes of abalone fishing means a place other than a boat, adjacent to Victorian waters where abalone is unloaded or disembarked listed in Schedule 19;'; (c) for paragraphs (a), (b), (c) and (d) in the definition of "specified details" substitute— "(a) in respect of the reporting of the landing, weighing and transfer of abalone by the holder of an Abalone Fishery Access Licence, the following details— (i) the number allocated by the Secretary to identify the licence; (ii) the abalone docket serial number; (iii) the place of landing; r. 5 -- 4 of 20 -- S.R. No. 25/2003 Fisheries (Commercial Abalone) Regulations 2003 4 (iv) the time the abalone was weighed using 24 hour time recording; (v) the total net weight (in kilograms) of abalone recorded on Part B of the docket; (vi) the number of bins containing abalone secured with bin tags; (vii) the trader identification number of the Fish Receivers' (Abalone) Licence where the abalone is to be delivered as recorded on Part B of the abalone docket; (b) in respect of the receipt of abalone accompanied by an abalone docket by the holder of a Fish Receivers' (Abalone) Licence, the following details— (i) the trader identification number of the licensed Fish Receivers' (Abalone) Licence holder recorded on Part C of the abalone docket; (ii) the serial number of the docket; (iii) the time of the abalone entering the licensed premises using 24 hour time recording; (iv) the licence number recorded on the docket; (v) the date of landing recorded on the docket; (vi) the total net weight (in kilograms) recorded on Part C of the docket; (vii) the total tare weight (in kilograms) recorded on Part A of the docket; r. 5 -- 5 of 20 -- S.R. No. 25/2003 Fisheries (Commercial Abalone) Regulations 2003 5 (c) in respect of the receipt of abalone without an abalone docket, the following details from the abalone transfer certificate required to be completed with respect to the abalone by the receiver— (i) the serial number of the certificate; (ii) the trader identification number contained in section (i) of Part B of the certificate and all of the information contained in section (ii) of Part B of the certificate; (iii) the product description and net weight details from section (iii) of Part B of the certificate; (d) in respect of the sale or consignment of abalone accompanied by an abalone transfer certificate, the following details from the abalone transfer certificate— (i) the serial number of the certificate; (ii) the trader identification number contained in section (i) of Part A of the certificate and all of the information contained in section (ii) of Part A of the certificate; (iii) the product description and net weight details from section (iii) of Part A of the certificate;"; r. 5 -- 6 of 20 -- S.R. No. 25/2003 Fisheries (Commercial Abalone) Regulations 2003 6 (d) for the definition of "trader identification number" substitute— ' "trader identification number" means the number issued by the Secretary to every holder of a Fish Receivers' (Abalone) Licence in respect of— (a) that licence; and (b) the licence holder's customers and suppliers of abalone;'; (e) after paragraph (b) in the definition of "Secretary's confirmation number" insert— "or (c) to the holder of an Abalone Fishery Access Licence in accordance with regulation 627AA(2); or (d) to the holder of a Fish Receivers' (Abalone) Licence in accordance with regulation 627(2);". 6. Removal of obsolete provisions relating to Fish Receivers' (Abalone Storer) Licences and Abalone Weighing Stations in the Principal Regulations In the Principal Regulations— (a) regulation 202(b) is revoked; (b) regulation 228 is revoked; (c) in regulation 303(3)(y) omit " , a Fish Receivers' (Abalone Storer) Licence"; (d) regulation 330(a)(iii) is revoked; (e) Division 5 of Part 3 is revoked; (f) in regulation 503(5)(a) omit "or a Fish Receivers' (Abalone Storer) Licence"; (g) regulation 626 is revoked; (h) regulation 628(3) is revoked; r. 6 -- 7 of 20 -- S.R. No. 25/2003 Fisheries (Commercial Abalone) Regulations 2003 7 (i) in regulation 630(2) omit "or" after (b); (j) regulation 630(2)(c) is revoked; (k) in regulations 630(3)(a) and 630(3)(b) omit "or a Fish Receivers' (Abalone Storer) Licence"; (l) in regulation 630(3)(d) omit "or a Fish Receivers' (Abalone Storer) Licence,". 7. Amendment to Conditions of Abalone Fishery Access Licence in the Principal Regulations (1) For regulation 303(3)(l) of the Principal Regulations substitute— "(l) that all abalone taken under the licence is— (i) first landed in Victoria at a place of landing listed in Schedule 19; and (ii) weighed within 60 minutes of landing at that place of landing; and (iii) weighed in full public view which is unobstructed; and (iv) transferred or delivered to the holder of a Fish Receivers' (Abalone) Licence no later than 24 hours after the time the abalone is landed; and (la) that any weight information required to be provided under the Act or these Regulations is accurate to within 1⋅0 kilograms of the actual weight; and". (2) For regulation 303(3)(o) of the Principal Regulations substitute— "(o) once the abalone has been weighed and no later than 60 minutes after the time the abalone is landed— r. 7 -- 8 of 20 -- S.R. No. 25/2003 Fisheries (Commercial Abalone) Regulations 2003 8 (i) that the following details are entered on to Part B of the original and all copies of the appropriate abalone docket— (A) the serial numbers of all bin tags on all bins or bags of abalone landed under the licence; and (B) the total tare weight of those bins or bags; and (C) the net weight of the abalone; and (D) all other details required by Part B of the abalone docket, including his or her signature (or the signature of the person who took the abalone); and (ii) that the specified details are provided to the Secretary and confirmed as correct via the abalone telephone notification service; and (iii) that when the Secretary's confirmation number in respect of that abalone is received, the details in the confirmation are verified as accurate and, if accurate, the confirmation number is recorded on to Part B of the original and all copies of the docket, unless authorised by the Secretary under regulation 627AA(2)(b) to proceed without that confirmation; and (iv) that if authorised by the Secretary under regulation 627AA(2)(b), the confirmation number provided by the Secretary is recorded on to Part B of the original and all copies of the abalone docket; and r. 7 -- 9 of 20 -- S.R. No. 25/2003 Fisheries (Commercial Abalone) Regulations 2003 9 (v) that the duplicate and triplicate copies of the abalone docket are placed into the waterproof envelope approved or provided by the Secretary and that the envelope is sealed by affixing it to the bin or bag sealed with the highest numbered bin tag; and". (3) Regulations 303(3)(p) and 303(3)(q) of the Principal Regulations are revoked. (4) For regulation 303(3)(r) of the Principal Regulations substitute— "(r) that abalone taken by him, her or any person acting under the licence— (i) are not moved from the boat until paragraph (m) has been complied with; and (ii) are not moved from the place of landing until paragraph (o) has been complied with; and (iii) do not enter any abalone processing premises until paragraphs (l), (m) and (o) have been complied with in respect of that abalone; and". (5) For regulation 303(3)(s) of the Principal Regulations substitute— "(s) all abalone taken by him, her or any person acting under the licence must be— (i) transferred or delivered only to the licensed premises of a Fish Receivers' (Abalone) Licence holder; and (ii) a separate abalone docket completed in respect of each such transfer or delivery of abalone; and r. 7 -- 10 of 20 -- S.R. No. 25/2003 Fisheries (Commercial Abalone) Regulations 2003 10 (iii) so delivered or transferred within 24 hours after the time of landing the abalone;". (6) Regulations 303(3)(t) and 303(3)(u) of the Principal Regulations are revoked. (7) Regulation 303(3)(v) of the Principal Regulations is revoked. (8) Regulation 303(3)(x)(ii) of the Principal Regulations is revoked. (9) After Regulation 303(3) of the Principal Regulations insert— "(4) If the Secretary authorises the licence holder to comply with alternate weighing and reporting requirements and the licence holder has complied with the conditions of that authorisation the following regulations do not apply to the licence holder— (a) regulations 303(3)(l)(ii) and 303(3)(l)(iv); and (b) regulation 303(3)(o).". 8. Amendment to Conditions of Fish Receivers' (Abalone) Licence in the Principal Regulations (1) Regulations 327(b) and 327(c) of the Principal Regulations are revoked. (2) In regulations 327(f), 327(g) and 327(h) of the Principal Regulations, for "Part D" wherever occurring substitute "Part C". (3) In Regulation 327(f)(i) of the Principal Regulations, for "gross weight" substitute "net weight". r. 8 -- 11 of 20 -- S.R. No. 25/2003 Fisheries (Commercial Abalone) Regulations 2003 11 (4) For Regulation 327(f)(ii) of the Principal Regulations substitute— "(ii) provide the specified details to the Secretary— (A) via the abalone internet notification service; or (B) if a Secretary's confirmation number cannot be received from the abalone internet notification service, provide the specified details to the Secretary via the abalone telephone notification service; or (C) if the Secretary's confirmation number cannot be received from the abalone telephone notification service, use the telephone number provided under regulation 627(1) to provide the specified details to the Secretary; and". (5) After regulation 327(g) of the Principal Regulations insert— "(ga) if the Secretary authorises the licence holder to comply with alternate weighing and reporting requirements and the licence holder has complied with the conditions of that authorisation, paragraphs 327(f) and 327(g) do not apply to the licence holder; and". 9. Amendment to regulation 328 of the Principal Regulations (1) In regulation 328(1)(b) of the Principal Regulations for "30 minutes" substitute "2 hours". (2) In regulation 328(2)(a) of the Principal Regulations for "30 minutes" substitute "2 hours". r. 9 -- 12 of 20 -- S.R. No. 25/2003 Fisheries (Commercial Abalone) Regulations 2003 12 10. Revised arrangements for Secretary's obligations and powers relating to the abalone telephone notification service for reporting by holders of Fish Receivers' (Abalone) Licence (1) For regulation 627(1) of the Principal Regulations substitute— "(1) The Secretary must notify, in writing, each holder of a Fish Receivers' (Abalone) Licence of— (a) the address for the internet site to be used to notify the Secretary of the specified details in relation to abalone using the abalone internet notification service; and (b) the telephone number to be used to contact the Secretary via the abalone telephone notification service if the Secretary's confirmation number is not received using the abalone internet notification service or for any other purpose required by these Regulations; and (c) the telephone service number to be used to contact the Secretary if the Secretary's confirmation number is not received using the abalone telephone notification service or for any other purpose of these Regulations; and (d) any changes to those addresses and numbers.". (2) In regulations 627(2) and 627(3) of the Principal Regulations— (a) for "notification service"(wherever occurring) substitute "abalone internet notification service"; r. 10 -- 13 of 20 -- S.R. No. 25/2003 Fisheries (Commercial Abalone) Regulations 2003 13 (b) omit "(or any person acting under that licence in the case of an Abalone Fishery Access Licence)" (wherever occurring). 11. Secretary's obligations and powers relating to the abalone telephone notification service for reporting by holders of Abalone Fishery Access Licence and Fish Receivers' (Abalone) Licence After regulation 627 of the Principal Regulations insert— "627AA. Secretary's obligations and powers relating to Abalone fishery (1) The Secretary must notify, in writing, each holder of an Abalone Fishery Access Licence (or any person acting under that licence) of— (a) the telephone service and number for the abalone telephone notification service to be used to notify the Secretary of the specified details in relation to abalone; and (b) the telephone service number to be used to contact the Secretary if the Secretary's confirmation number is not received or for any other purpose required by these Regulations; and (c) any changes to those services or numbers. (2) In respect of each notification by a holder of an Abalone Fishery Access Licence (or any person acting under that licence) or a Fish Receivers' (Abalone) Licence via the abalone telephone notification service— (a) the Secretary must make all reasonable efforts to provide the licence holder (or any person acting under that licence in r. 11 -- 14 of 20 -- S.R. No. 25/2003 Fisheries (Commercial Abalone) Regulations 2003 14 the case of an Abalone Fishery Access Licence or a Fish Receivers' (Abalone) Licence) with the Secretary's confirmation number via the abalone telephone notification service as soon as is practicable after the licence holder (or any person acting under that licence in the case of an Abalone Fishery Access Licence or a Fish Receivers' (Abalone) Licence) has confirmed that the specified details are correct; and (b) if a licence holder (or any person acting under that licence in the case of an Abalone Fishery Access Licence or a Fish Receivers' (Abalone) Licence)— (i) has not received the Secretary's confirmation number via the abalone telephone notification service; or (ii) is unable to confirm that the specified details are correct— the Secretary may— (iii) authorise the licence holder (or any person acting under that licence in the case of an Abalone Fishery Access Licence) to proceed with moving the abalone from the place of landing without receiving the Secretary's confirmation number; or (iv) authorise the Fish Receivers' (Abalone) Licence holder to proceed with processing or consigning the abalone (as appropriate) without receiving the r. 11 -- 15 of 20 -- S.R. No. 25/2003 Fisheries (Commercial Abalone) Regulations 2003 15 Secretary's confirmation number; and (v) issue the licence holder with a Secretary's confirmation number for the purposes of sub-paragraph (iii) or (iv); and (c) the specified details will be stored via the abalone telephone notification service as a record of the notification. (3) Sub-regulation (2)(a) does not apply if the Secretary determines that there are reasonable grounds for believing that the licence holder (or any person acting under that licence) has failed to comply with these Regulations.". 12. Consequential amendments to offence provisions For Regulation 630B of the Principal Regulations substitute— "630B. Offence to provide false or misleading particulars A person must not in a document or— (a) via the giant crab notification service; or (b) via the rock lobster notification service; or (c) via the abalone internet notification service ; or (d) via the abalone telephone notification service; provide information required under these Regulations that the person knows to be false or misleading in a material particular. Penalty: 20 penalty units.". r. 12 -- 16 of 20 -- S.R. No. 25/2003 Fisheries (Commercial Abalone) Regulations 2003 16 13. Amendments to the Schedules Schedules 2, 3 and 5 in the Principal Regulations are revoked. 14. Amendments to the Schedules After Schedule 18 in the Principal Regulations insert— "SCHEDULE 19 PORTS AND MOORING AREAS AT WHICH ABALONE MAY BE LANDED ALTONA BOAT RAMP CAR PARK APOLLO BAY BOAT RAMP BASTION POINT BAY OF ISLANDS BOAT RAMP BLACK ROCK BOAT RAMP BRODRIBB BOAT RAMP CAPE BRIDGEWATER BEACH CAPE CONRAN BOAT RAMP CLIFTON SPRINGS BOAT RAMP CORINELLA BOAT RAMP COWES JETTY CRIB POINT BOAT RAMP FLINDERS BOAT RAMP FRANKSTON BOAT RAMP HASTINGS BOAT RAMP INVERLOCH BOAT RAMP KILLARNEY BOAT RAMP KIRKS POINT MAIN BOAT RAMP LAKES ENTRANCE WHARF LIME BURNERS POINT LORNE–GREY POINT BOAT RAMP r. 13 -- 17 of 20 -- S.R. No. 25/2003 Fisheries (Commercial Abalone) Regulations 2003 17 MARLO JETTY MORDIALLOC CREEK BOAT RAMP MORNINGTON BOAT RAMP (SCHNAPPER POINT) MORDIALLOC BOAT RAMP NEWHAVEN BOAT RAMP NEWPORT BOAT RAMP NORTH ROAD BOAT RAMP OCEAN GROVE BOAT RAMP PATTERSON RIVER BOAT RAMP PETERBOROUGH–BOAT BAY CARPARK PIER 35 POINT ROADKNIGHT BOAT RAMP PORT ALBERT BOAT RAMP PORT ALBERT FISHERMANS WHARF PORT CAMPBELL JETTY PORT FAIRY BOAT RAMP PORTLAND BOAT RAMP PORTLAND FISHERMANS WHARF PORT WELSHPOOL BOAT RAMP PORT WELSHPOOL FISHERMANS WHARF QUEENSCLIFF BOAT RAMP RHYLL BOAT RAMP RYE BOAT RAMP SAFETY BEACH BOAT RAMP SANDY POINT SAN REMO FISHERMANS WHARF ST HELENS BOAT RAMP ST KILDA MARINA CARPARK SHALLOW INLET CARPARK SORRENTO BOAT RAMP STONY POINT BOAT RAMP r. 14 -- 18 of 20 -- S.R. No. 25/2003 Fisheries (Commercial Abalone) Regulations 2003 18 TAYLORS BAY BOAT RAMP THE BASIN CARPARK TORQUAY BOAT RAMP WALKERVILLE NORTH WALKERVILLE SOUTH WARRNAMBOOL BOAT RAMP WERRIBEE SOUTH BOAT RAMP __________________". ═══════════════ r. 14 -- 19 of 20 -- S.R. No. 25/2003 Fisheries (Commercial Abalone) Regulations 2003 19 ENDNOTES 1 Reg. 4: S.R. No. 23/1998. Reprint No. 2 as at 22 May 2001. Reprinted to S.R. No. 43/2001 and amended by S.R. Nos 78/2001, 118/2001, 145/2001, 19/2002, 63/2002 and 78/2002. Endnotes -- 20 of 20 --