Fisheries (Abalone) Regulations 2001

i Fisheries (Abalone) Regulations 2001 S.R. No. 145/2001 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Principal Regulations 1 4. Amendment to definitions 1 5. Amendment to conditions of Abalone Fishery Access Licence 3 6. Amendment to conditions of Fish Receivers' (Abalone) Licences 3 7. Amendments to conditions of Fish Receivers' (Abalone Storer) Licences 4 8. Amendments to Secretary's obligations and powers relating to abalone fishery 6 9. Schedule 6 substituted 7 SCHEDULE 6—Abalone stock record details 7 ═══════════════ ENDNOTES 9 -- 1 of 10 -- 1 STATUTORY RULES 2001 S.R. No. 145/2001 Fisheries Act 1995 Fisheries (Abalone) Regulations 2001 The Governor in Council makes the following Regulations: Dated: 11 December 2001 Responsible Minister: CANDY BROAD Minister for Energy and Resources HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to provide for an internet based notification service for the abalone fishery. 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. 4. Amendment to definitions (1) In regulation 105(1) of the Principal Regulations, the definition of "stock record" is revoked. -- 2 of 10 -- S.R. No. 145/2001 Fisheries (Abalone) Regulations 2001 2 (2) In regulation 105(2) of the Principal Regulations— (a) in the definition of "notification service", for "telephone service and number" substitute "contact service and details"; and (b) in the definition of "Secretary's confirmation", for "a facsimile document" substitute "the details"; and (c) in the definition of "specified details"— (i) paragraph (a)(iv) is revoked; and (ii) in paragraph (b)(i), for "name" substitute "trader identification number"; and (iii) paragraph (b)(ii) is revoked; and (iv) for paragraph (c)(ii) substitute— "(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"; and (v) for paragraph (d)(ii) substitute— "(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"; and (d) the definition of "stock record book" is revoked. r. 4 -- 3 of 10 -- S.R. No. 145/2001 Fisheries (Abalone) Regulations 2001 3 5. Amendment to conditions of Abalone Fishery Access Licence Regulation 303(3)(p)(iv) of the Principal Regulations is revoked. 6. Amendment to conditions of Fish Receivers' (Abalone) Licences (1) Regulations 327(f)(iii), 328(1)(b)(iv), 328(2)(a)(iv) and 329(c)(iii) of the Principal Regulations are revoked. (2) In regulation 330 of the Principal Regulations— (a) for paragraph (b) substitute— "(b) must— (i) to the extent that is reasonably possible, maintain on the licensed premises a means to access the internet at any time; and (ii) maintain a printer on the licensed premises which is capable of printing information accessed via the internet and, to the extent that is reasonably possible, ensure that the printer is in working order at all times; and"; and (b) for paragraphs (c)(i), (c)(ii) and (c)(iii) substitute— "(i) access the internet site notified under regulation 627(1)(a) and access the part of the site dealing with stock record requests; and (ii) provide all the details listed in Schedule 6 in the manner required by that part of the site in respect of all abalone on the licensed premises at the time the details are provided; and r. 5 -- 4 of 10 -- S.R. No. 145/2001 Fisheries (Abalone) Regulations 2001 4 (iii) print a copy of those details; and (iv) sign and date the copy; and (v) retain the copy on the licensed premises; and"; and (c) in paragraph (e), for ", small sales returns and stock records" substitute "and small sales returns"; and (d) in paragraph (f), for ", a small sales return or a stock record" substitute "or a small sales return"; and (e) paragraph (f)(v) is revoked; and (f) in paragraph (g), omit "and all stock record books"; and (g) in paragraph (h), for "a stock record or a stock record book" substitute "or a stock record"; and (h) in paragraph (k)(i), omit "or stock record book"; and (i) in paragraph (k)(ii), omit "; or"; and (j) paragraph (k)(iii) is revoked. 7. Amendments to conditions of Fish Receivers' (Abalone Storer) Licences (1) Regulations 332(1)(b)(iv), 332(2)(a)(iv) and 333(c) of the Principal Regulations are revoked. (2) In regulation 334(1) of the Principal Regulations— (a) for paragraph (b) substitute— "(b) must— (i) to the extent that is reasonably possible, maintain on the licensed r. 7 -- 5 of 10 -- S.R. No. 145/2001 Fisheries (Abalone) Regulations 2001 5 premises a means to access the internet at any time; and (ii) maintain a printer on the licensed premises which is capable of printing information accessed via the internet and, to the extent that is reasonably possible, ensure that the printer is in working order at all times; and"; and (b) for paragraphs (c)(i), (c)(ii) and (c)(iii) substitute— "(i) access the internet site notified under regulation 627(1)(a) and access the part of the site dealing with stock record requests; and (ii) provide all the details listed in Schedule 6 in the manner required by that part of the site in respect of all abalone on the licensed premises at the time the details are provided; and (iii) print a copy of those details; and (iv) sign and date the copy; and (v) retain the copy on the licensed premises; and"; and (c) in paragraph (e), omit "and stock records"; and (d) in paragraph (f), omit "or a stock record"; and (e) paragraph (f)(iv) is revoked; and (f) in paragraph (g), omit "and all stock record books"; and (g) in paragraph (h), omit "or stock record book"; and r. 7 -- 6 of 10 -- S.R. No. 145/2001 Fisheries (Abalone) Regulations 2001 6 (h) in paragraph (j)(i), for ", a stock record or a stock record book" substitute "or a stock record"; and (i) in paragraph (j)(ii), omit "; or"; and (j) paragraph (j)(iii) is revoked. 8. Amendments to Secretary's obligations and powers relating to abalone fishery In regulation 627 of the Principal Regulations— (a) for sub-regulation (1)(a) substitute— "(a) the address for the internet site to be used to notify the Secretary of the specified details in relation to abalone; and"; and (b) for sub-regulation (1)(d) substitute— "(d) any changes to those addresses, locations and numbers."; and (c) for sub-regulations (2)(a) and (2)(b) substitute— "(a) the Secretary must make all reasonable efforts to give the licence holder (or any person acting under that licence in the case of an Abalone Fishery Access Licence) confirmation via the notification service of the specified details provided by the licence holder to the notification service and a confirmation number as soon as is practicable after the time at which the details are provided to the notification service; and (b) if— r. 8 -- 7 of 10 -- S.R. No. 145/2001 Fisheries (Abalone) Regulations 2001 7 (i) a licence holder (or any person acting under that licence in the case of an Abalone Fishery Access Licence) has not received the notice within 15 minutes after the time at which the specified details were provided to the notification service; or (ii) if the details in the Secretary's confirmation are inaccurate— the Secretary may authorise the licence holder (or any person acting under that licence in the case of an Abalone Fishery Access Licence) to proceed with processing or consigning the abalone (as appropriate) without receiving the confirmation and issue the licence holder with a confirmation number.". 9. Schedule 6 substituted For Schedule 6 to the Principal Regulations substitute— "SCHEDULE 6 ABALONE STOCK RECORD DETAILS 1. Full name of licence holder 2. Trader identification number 3. For abalone products except canned abalone— (a) Description of the abalone (e.g. live, frozen, parboiled, retort, chilled, dried) (b) The species of abalone r. 9 -- 8 of 10 -- S.R. No. 145/2001 Fisheries (Abalone) Regulations 2001 8 (c) The net weight (kg) of the abalone 4. For canned abalone products— (a) Description of the abalone (e.g. number of pieces of abalone per can) (b) The drained weight (grams) of abalone per can (c) The number of cans of each species of abalone 5. The time and date at which the details are provided.". ═══════════════ r. 9 -- 9 of 10 -- S.R. No. 145/2001 Fisheries (Abalone) Regulations 2001 9 ENDNOTES 1 Reg. 3: 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. No. 78/2001. Endnotes -- 10 of 10 --