Fisheries (Rock Lobster and Giant Crab) Regulations 2001
i
Fisheries (Rock Lobster and Giant Crab)
Regulations 2001
S.R. No. 118/2001
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1
2. Authorising provision 2
3. Commencement 2
4. Principal Regulations 2
5. Amendment to definitions 2
6. New Giant Crab Fishery 7
7. Closure of Tamboon Inlet Fishery 7
8. New Giant Crab Fishery Access Licence 8
9. Entitlements of new Giant Crab Fishery Access Licence 8
209A. Entitlements of Giant Crab Fishery Access Licence 8
10. Amendment to entitlements of Rock Lobster Fishery Access
Licence 8
11. Administrative matters relating to the new Giant Crab Fishery
Access Licence 9
12. Exemption to conditions of every access licence 9
13. Conditions of new Giant Crab Fishery Access Licence 9
307A. Conditions of a Giant Crab Fishery Access Licence 10
14. Amendments to conditions of Rock Lobster Fishery Access
Licence 21
15. Closed season for giant crab 34
16. Marking giant crab pots 34
17. Forfeited Rock Lobster Quota 35
Division 1A—Forfeited Rock Lobster and Giant
Crab Quota 35
602A. Secretary may sell forfeited rock lobster quota by
tender 35
602B. Secretary may sell forfeited giant crab quota by tender 36
18. Application fee for transfer of individual quota units 36
622. Application fee for transfer of individual quota units 36
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Regulation Page
ii
19. Rock Lobster and Giant Crab Notification Services 36
627A. Secretary's obligations and powers relating to rock
lobster fishery 37
627B. Secretary's obligations and powers relating to giant
crab fishery 38
20. Offences in relation to documents 40
630A. Offence to receive rock lobster or giant crab from
licence holder without a catch disposal record 40
630B. Offence to provide false or misleading information 40
21. Specifications for rock lobster pots 41
631. Specifications for certain fishing equipment 41
22. Transitional provisions for the giant crab fishery 42
711. Grounds for refusing to transfer a Giant Crab Fishery
Access Licence 42
712. Expiry of regulations 42
713. Transitional provision for Giant Crab Fishery Access
Licences 42
23. Fees for Giant Crab Fishery Access Licences 43
24. New Schedule 18 inserted 43
═══════════════
ENDNOTES 46
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1
STATUTORY RULES 2001
S.R. No. 118/2001
Fisheries Act 1995
Fisheries (Rock Lobster and Giant Crab)
Regulations 2001
The Governor in Council makes the following Regulations:
Dated: 30 October 2001
Responsible Minister:
CANDY BROAD
Minister for Energy and Resources
HELEN DOYE
Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are—
(a) to amend the conditions for Rock Lobster
Fishery Access Licences to enable the Rock
Lobster Fishery to be managed by quota; and
(b) to create a Giant Crab fishery; and
(c) to set out the entitlements of Giant Crab
Fishery Access Licences; and
(d) to prescribe conditions for Giant Crab
Fishery Access Licences; and
(e) to specify a closed season for the Giant Crab
Fishery; and
(f) to close the Tamboon Inlet Fishery; and
(g) to make other miscellaneous amendments to
the Fisheries Regulations 1998.
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Fisheries (Rock Lobster and Giant Crab) Regulations 2001
2
2. Authorising provision
These Regulations are made under section 153 of
the Fisheries Act 1995.
3. Commencement
These Regulations come into operation on
16 November 2001.
4. Principal Regulations
In these Regulations, the Fisheries Regulations
1998 1 are called the Principal Regulations.
5. Amendment to definitions
(1) In regulation 105(2) of the Principal Regulations,
insert the following definitions—
' "catch disposal record" means an individually-
numbered record issued by the Secretary to
the holder of a Rock Lobster Fishery Access
Licence or Giant Crab Fishery Access
Licence which provides for the recording of
information in relation to the movement of
rock lobster and giant crab from the place of
landing;
"catch disposal record book" means a book
issued by the Secretary to the holder of a
Rock Lobster Fishery Access Licence or
Giant Crab Fishery Access Licence
containing catch disposal records;
"coff register" means an individually-numbered
record issued by the Secretary to the holder
of a Rock Lobster Fishery Access Licence
which provides for recording the movement
of rock lobster into and out of a coff;
"giant crab daily catch record" means an
individually-numbered record issued by the
Secretary to the holder of a Giant Crab
Fishery Access Licence which provides for
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Fisheries (Rock Lobster and Giant Crab) Regulations 2001
3
the recording of information in relation to
the taking of giant crab under the licence on
any day;
"giant crab daily catch record book" means a
book issued by the Secretary to the holder of
a Giant Crab Fishery Access Licence
containing giant crab daily catch records;
"giant crab notification service" means the
telephone service and number notified to a
Giant Crab Fishery Access Licence holder
by the Secretary in accordance with
regulation 627B(1)(a) and includes the
automated response system which captures
the information provided;
"giant crab pot" means any basket, box, net,
trap, cage or any other thing that is designed
for use, or is capable of being used, for or in
connection with the taking of giant crab, but
does not include a recreational hoop net or
commercial hoop net;
"giant crab quota balance" means the amount of
giant crab, in kilograms, permitted to be
taken by the holder of a Giant Crab 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;
"rock lobster daily catch record" means an
individually-numbered record issued by the
Secretary to the holder of a Rock Lobster
Fishery Access Licence which provides for
the recording of information in relation to
the taking of rock lobster under the licence
on any day;
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Fisheries (Rock Lobster and Giant Crab) Regulations 2001
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"rock lobster daily catch record book" means a
book issued by the Secretary to the holder of
a Rock Lobster Fishery Access Licence
containing rock lobster daily catch records;
"rock lobster notification service" means the
telephone service and number notified to a
Rock Lobster Fishery Access Licence holder
by the Secretary in accordance with
regulation 627A(1)(a) and includes the
automated response system which captures
the information provided;
"rock lobster quota balance" means the amount
of rock lobster, in kilograms, permitted to be
taken by the holder of a Rock Lobster
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;
"Secretary's confirmation number" means the
number provided by the Secretary
(a) to the holder of a Rock Lobster Fishery
Access Licence in accordance with
regulation 627A(2)(a); or
(b) to the holder of a Giant Crab Fishery
Access Licence in accordance with
regulation 627B(2)(a);'.
(2) In regulation 105(2) of the Principal
Regulations—
(a) in the definition of "coff", after "Victorian
waters" insert "except, in relation to rock
lobster, where that thing is part of or
attached to a boat"; and
(b) in the definition of "specified details" after
paragraph (d) insert—
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"(e) in respect of the prior reporting of
entering a port or mooring area with
rock lobster or on a day during which
rock lobster fishing takes place by the
holder of a Rock Lobster Fishery
Access Licence, the following details—
(i) the number allocated by the
Secretary to identify the licence;
(ii) the number of rock lobster on
board the boat (if known);
(iii) the port or mooring area the boat
will enter;
(iv) the estimated time at which the
boat will enter the port or mooring
area;
(v) whether rock lobster will be
landed;
(vi) if landing rock lobster, the
estimated time at which landing of
rock lobster will commence;
(f) in respect of the prior reporting of
landing rock lobster from a coff by the
holder of a Rock Lobster Fishery
Access Licence, the following details—
(i) the number allocated by the
Secretary to identify the licence;
(ii) the number of rock lobster to be
landed;
(iii) the estimated time at which rock
lobster will be landed;
(iv) the port or mooring area at which
the rock lobster will be landed;
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(g) in respect of the reporting of the
landing and weighing of rock lobster by
the holder of a Rock Lobster Fishery
Access Licence, the following details—
(i) the number allocated by the
Secretary to identify the licence;
(ii) the estimated time at which the
rock lobster will leave the place of
landing;
(iii) the number of rock lobster landed
under the licence;
(iv) the total net weight (in kilograms)
of rock lobster landed under the
licence;
(h) in respect of the prior reporting of
entering a port or mooring area with
giant crab or on a day during which
giant crab fishing takes place by the
holder of a Giant Crab Fishery Access
Licence, the following details—
(i) the number allocated by the
Secretary to identify the licence;
(ii) the number of giant crab on board
the boat;
(iii) the port or mooring area the boat
will enter;
(iv) the estimated time at which the
boat will enter the port or mooring
area;
(v) whether giant crab will be landed;
(vi) if landing giant crab, the estimated
time at which landing of giant
crab will commence;
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(i) in respect of the reporting of the
landing and weighing of giant crab by
the holder of a Giant Crab Fishery
Access Licence, the following details—
(i) the number allocated by the
Secretary to identify the licence;
(ii) the estimated time at which the
giant crab will leave the place of
landing;
(iii) the number of giant crab landed
under the licence;
(iv) the total net weight (in kilograms)
of giant crab landed under the
licence;".
6. New Giant Crab Fishery
In the Table in regulation 107 of the Principal
Regulations—
(a) after the item relating to "Eel" insert—
"Giant
Crab
— Giant crab
pots
Victorian waters
west of longitude
143°40' east";
(b) for the item relating to "Rock lobster"
substitute—
"Rock
lobster
— Rock
lobster pots
—".
7. Closure of Tamboon Inlet Fishery
(1) In the table in regulation 107 of the Principal
Regulations, omit the item relating to "Tamboon
Inlet".
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Fisheries (Rock Lobster and Giant Crab) Regulations 2001
8
(2) In regulation 201(1) of the Principal Regulations,
paragraph (q) is revoked.
(3) Regulations 223 and 321 of the Principal
Regulations are revoked.
8. New Giant Crab Fishery Access Licence
After regulation 201(1)(f) of the Principal
Regulations insert—
"(fa) Giant Crab Fishery Access Licence;".
9. Entitlements of new Giant Crab Fishery Access
Licence
After regulation 209 of the Principal Regulations
insert—
"209A. Entitlements of Giant Crab Fishery Access
Licence
A Giant Crab Fishery Access Licence
authorises the licence holder to use a boat
specified in the licence—
(a) to use a giant crab pot; and
(b) to take for sale giant crab and fish
(other than abalone, jellyfish, rock
lobster, scallop and sea urchin); and
(c) to use the assistance of one or more
people to carry out any activity
authorised under the licence—
in the waters specified in the licence.".
10. Amendment to entitlements of Rock Lobster Fishery
Access Licence
In regulation 220(b) of the Principal
Regulations—
(a) after "abalone," insert "giant crab,"; and
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Fisheries (Rock Lobster and Giant Crab) Regulations 2001
9
(b) omit "and, if authorised in the licence, giant
crabs".
11. Administrative matters relating to the new Giant Crab
Fishery Access Licence
(1) After regulation 232(c) of the Principal
Regulations insert
"(ca) Giant Crab Fishery Access Licence;".
(2) After regulation 233(a) of the Principal
Regulations insert
"(b) Giant Crab Fishery Access Licence;".
(3) After regulation 234(b) of the Principal
Regulations insert
"(c) Giant Crab Fishery Access Licence; and".
(4) After regulation 235(c) of the Principal
Regulations insert—
"(ca) Giant Crab Fishery Access Licence; and".
(5) After regulation 236(a) of the Principal
Regulations insert—
"(ab) Giant Crab Fishery Access Licence;".
12. Exemption to conditions of every access licence
After regulation 302(2) of the Principal
Regulations insert—
"(3) Despite paragraphs (a) to (d) of sub-
regulation (2), the holder of a Rock Lobster
Fishery Access Licence or Giant Crab
Fishery Access Licence is exempt from the
requirements relating to catch and effort
returns specified in those paragraphs.".
13. Conditions of new Giant Crab Fishery Access Licence
After regulation 307 of the Principal Regulations
insert
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Fisheries (Rock Lobster and Giant Crab) Regulations 2001
10
'307A. Conditions of a Giant Crab Fishery Access
Licence
(1) A Giant Crab Fishery Access Licence is
subject to the conditions specified in this
regulation, in addition to any other
conditions imposed on the licence by these
Regulations or by the Secretary under
section 52 of the Act.
(2) The licence holder—
(a) must not, during the closed season for
male giant crab—
(i) use any giant crab pot in any
Victorian waters; or
(ii) leave or have any giant crab pot
immersed or set in any Victorian
waters; or
(iii) have on board a boat any giant
crab or giant crab pot; and
(b) must not at any time—
(i) take any berried giant crabs; or
(ii) land or cause to be landed from
any boat any berried giant crabs;
or
(iii) possess berried giant crabs in
Victoria; or
(iv) remove any eggs from a berried
giant crab; and
(c) must not, in, on or next to Victorian
waters, possess, land or cause to be
landed—
(i) any dismembered giant crab; or
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Fisheries (Rock Lobster and Giant Crab) Regulations 2001
11
(ii) any part of a giant crab; and
(d) must not take or attempt to take giant
crab by the use of any equipment other
than a giant crab pot; and
(e) must not use or possess in, on or next to
Victorian waters a giant crab pot unless
the pot meets the specifications in
regulation 631; and
(f) must not use or have on board a boat,
more than the number of giant crab pots
specified in the licence; and
(g) must ensure that fish are not transferred
in, under or on Victorian waters from
the boat specified in the licence to any
other boat; and
(h) must ensure that fish are not sold,
transferred or delivered to another
person in, under or on Victorian waters;
and
(i) must ensure that fish taken by a person
who is not acting under the licence are
not transferred in, under or on Victorian
waters to the possession or control of
the licence holder or anyone acting
under the licence (whether on board a
boat or not); and
(j) must not take more than 8 wrasse on
any one day; and
(k) must not take, possess or land from any
boat more than 2 banded morwong on
any one day; and
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(l) must not take giant crab if the giant
crab quota unit balance in relation to
the licence is zero or less; and
(m) must not have on board a boat any giant
crab pot if the giant crab quota unit
balance in relation to the licence is zero
or less; and
(n) must not set or immerse a giant crab pot
in Victorian waters if the giant crab
quota unit balance in relation to the
licence is zero or less; and
(o) must not set or immerse a giant crab pot
in Victorian waters less than 150
metres deep; and
(p) must ensure that not more than 20 giant
crab pots are attached to a long line;
and
(q) must not haul or retrieve a giant crab
pot set from a boat using another boat
unless authorised by the Secretary; and
(r) must ensure that any weight
information required to be provided
under the Act or these Regulations is
accurate to within 0·1 kilograms of the
actual weight; and
(s) must ensure that all details of the giant
crab daily catch record are completed
in accordance with the instructions
contained in the giant crab daily catch
record book on each day during which
giant crab fishing takes place before—
(i) providing details to the Secretary
in accordance with paragraph (v)
via the giant crab notification
service; or
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Fisheries (Rock Lobster and Giant Crab) Regulations 2001
13
(ii) leaving Victorian waters if giant
crab taken from Victorian waters
is on board a boat; and
(t) must have the giant crab daily catch
record book on board a boat
whenever—
(i) the licence holder or any person
acting under the licence is on
board the boat; or
(ii) giant crab is on board the boat;
and
(u) must ensure that the duplicate copy of
the giant crab daily catch record for a
particular month is sent to the Secretary
by the 14th day of the following month;
and
(v) must ensure that—
(i) at least 30 minutes prior to
entering a port or mooring area on
any day between the hours of
9 a.m. and 5 p.m.—
(A) with any giant crab; or
(B) on a day during which giant
crab fishing takes place; or
(ii) at least 2 hours prior to entering a
port or mooring area at any other
time—
(A) with any giant crab; or
(B) on a day during which giant
crab fishing takes place—
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Fisheries (Rock Lobster and Giant Crab) Regulations 2001
14
the specified details are provided to the
Secretary and confirmed as correct via
the giant crab notification service; and
(w) must ensure that no giant crab is landed
prior to the time at which it was
estimated via the giant crab notification
service that landing would commence;
and
(x) must ensure that the landing of giant
crab commences within 1 hour after the
time at which it was estimated via the
giant crab notification service that
landing would commence; and
(y) must ensure that giant crab is not
landed between 9 p.m. on any day and
6 a.m. on the following day; and
(z) must ensure that any giant crab taken
from Victorian waters is landed in
Victoria at a port or mooring area
specified in Schedule 18; and
(za) must ensure that no giant crab is landed
at any place other than the port or
mooring area specified via the giant
crab notification service; and
(zb) must ensure that, no later than
20 minutes after landing and weighing
the giant crab but—
(i) before complying with
paragraph (zc); and
(ii) before the giant crab leaves the
place of landing—
the specified details are provided to the
Secretary and confirmed as correct via
the giant crab notification service; and
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Fisheries (Rock Lobster and Giant Crab) Regulations 2001
15
(zc) must ensure that, no later than
20 minutes after landing and weighing
giant crab, all details of the catch
disposal record, including his or her
signature (or the signature of the person
acting under the licence), are entered on
the original and the duplicate copy of
the catch disposal records in respect of
all giant crab landed under the licence
in accordance with the instructions
contained in the catch disposal record
book; and
(zd) must not allow the giant crab to be sold
or leave the place of landing or to enter
any premises on which fish is processed
or held until the licence holder
(i) has received the Secretary's
confirmation number in respect of
that giant crab; and
(ii) has recorded the confirmation
number on the original and the
duplicate copy of the catch
disposal record and signed the
original and the duplicate copy
of it
unless authorised by the Secretary
under regulation 627B(2)(b) to proceed
with moving the giant crab from the
place of landing; and
(ze) must not allow the giant crab to be sold
or leave the place of landing or to enter
any premises on which fish is processed
or held unless—
(i) the licence holder has complied
with paragraph (zb); and
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16
(ii) the original catch disposal record
accompanies the giant crab as it
leaves the landing site; and
(zf) must not allow more than 2 giant crab
to be sold or leave the place of landing
or to enter any premises on which fish
is processed or held unless the original
catch disposal record which
accompanies the giant crab is placed
into the waterproof envelope approved
or provided by the Secretary and the
envelope is sealed; and
(zg) if authorised by the Secretary under
regulation 627B(2)(b), must ensure that
the confirmation number provided by
the Secretary is recorded on the original
and the duplicate copy of the catch
disposal record and the original and the
duplicate copy of it are signed before
allowing the giant crab to be sold or to
leave the place of landing or to enter
any premises; and
(zh) must ensure that he, she or any person
acting under the licence does not
possess a signed catch disposal record
or a copy of the disposal record unless
all required details of the catch disposal
record have been completed in
accordance with the instructions
contained in the catch disposal record
book; and
(zi) must ensure that he, she or any person
acting under the licence does not give,
lend or make available to any person
other than an authorised officer a catch
disposal record, a copy of a catch
disposal record or catch disposal record
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17
book that has been issued to the licence
holder; and
(zj) must ensure that all completed and
unused catch disposal records, catch
disposal record books, giant crab daily
catch records and giant crab daily catch
record books issued to the licence
holder are retained by the licence
holder for 3 years; and
(zk) must ensure that the duplicate copy of
each catch disposal record that has been
completed in respect of giant crab
landed by him, her or any person acting
under the licence is retained in the
catch disposal record book issued to the
licence holder; and
(zl) must ensure that the Secretary is
notified if a catch disposal record book
or a giant crab daily catch record book
is lost; and
(zm) must ensure that the Secretary is
notified of the location of a catch
disposal record book or a giant crab
daily catch record book if it is not
located on the boat or at the place of
landing; and
(zn) must ensure that, if an error occurs
when he, she or any person acting
under the licence is completing a catch
disposal record
(i) the words
"ERRORCANCELLED" are
written across the disposal record;
and
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18
(ii) the next sequentially numbered
document in that catch disposal
record book or a new book is
used; and
(iii) the original of the cancelled
disposal record is forwarded to the
Secretary within 48 hours and the
duplicate copy is retained in the
catch disposal record book.
(3) Despite sub-regulation (2)(a)(ii), a licence
holder may leave or set or immerse a giant
crab pot in Victorian waters during the
period commencing at 9 a.m. on
15 November each year until the opening of
the open season for giant crab.
(4) Despite sub-regulation (2)(a)(iii), a licence
holder may have giant crab pots on board the
boat during the period commencing—
(a) 24 hours before the start of the opening
of the open season for giant crab until
the start of the opening of the open
season for giant crab if the boat is in a
port or mooring area specified in
Schedule 18; and
(b) at 9 a.m. on 15 November each year
until the start of the opening of the
open season for giant crab for the
purposes of setting or immersing giant
crab pots.
(5) Despite sub-regulation (2)(d), a licence
holder may take or attempt to take giant crab
by the use of a rock lobster pot if
(a) the licence holder is also the holder of a
Rock Lobster Fishery Access Licence;
and
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Fisheries (Rock Lobster and Giant Crab) Regulations 2001
19
(b) the rock lobster quota unit balance in
relation to the Rock Lobster Fishery
Access Licence is greater than zero;
and
(c) the rock lobster pot is set or immersed
in Victorian waters less than 150
metres deep.
(6) Despite sub-regulations (2)(g) and (2)(h),
fish may be transferred to the licence
holder's tender boat prior to landing if that
boat proceeds directly to the port or mooring
area nominated via the giant crab notification
service.
(7) Despite sub-regulation (2)(m), a licence
holder may have giant crab pots on board a
boat if—
(a) the boat is in a port or mooring area; or
(b) the boat is in transit with the approval
of an authorised officer.
(8) Sub-regulation (2)(v) does not apply to a
licence holder if—
(a) the licence authorises the licence holder
to comply with alternative prior
reporting requirements; and
(b) the licence holder has complied with
any conditions of that authorisation.
(9) Sub-regulations (2)(v)(ii) and (2)(y) do not
apply to a licence holder if—
(a) the following details are provided by
the licence holder to the Secretary and
confirmed as correct via the giant crab
notification service at least 12 hours
prior to landing giant crab—
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(i) the number allocated by the
Secretary to identify the licence;
(ii) the port or mooring area the boat
will enter;
(iii) the estimated time at which the
boat will enter the port or mooring
area;
(iv) the estimated time at which the
landing of giant crab will
commence; and
(b) at least 30 minutes prior to entering the
port or mooring area to land giant crab,
the specified details are provided to the
Secretary and confirmed as correct via
the giant crab notification service.
(10) Despite sub-regulation (2)(x), a licence
holder may commence landing 1 hour or
more after the time at which it was estimated
that landing would commence via the giant
crab notification service if the licence holder
contacts the Secretary in accordance with
regulation 627B(1)(b) advising of his or her
intention to land giant crab 1 hour or more
after the estimated time and the new
estimated time at which the landing of giant
crab will commence.
(11) Sub-regulation (2)(z) does not apply to a
licence holder if—
(a) the licence authorises the licence holder
to land giant crab at the port of Port
Macdonnell; and
(b) the licence holder provides to the
Secretary and confirms as correct the
specified details required to be
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provided by sub-regulation (2)(v) at
least 1 hour prior to entering the port of
Port Macdonnell—
(i) with any giant crab; or
(ii) on a day during which giant crab
fishing takes place; and
(c) the licence holder has complied with
any conditions of that authorisation.
(12) Despite sub-regulation (2)(za), a licence
holder may land giant crab at a place other
than the port or mooring area specified via
the giant crab notification service if—
(a) the licence holder contacts the
Secretary in accordance with regulation
627B(1)(b) advising of his or her
intention to land giant crab at another
location at least 1 hour before giant
crab is unloaded; or
(b) giant crab is landed in an emergency
because of an impending or actual
threat to the safety of the boat or its
crew.
(13) Sub-regulation (2)(zb) does not apply to a
licence holder if—
(a) the licence authorises the licence holder
to comply with alternative reporting
requirements; and
(b) the licence holder has complied with
any conditions of that authorisation.'.
14. Amendments to conditions of Rock Lobster Fishery
Access Licence
(1) In regulation 318 of the Principal Regulations—
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(a) in sub-regulation (2)(a) after "closed season
for" insert "male"; and
(b) in sub-regulation (2)(a)(iii) omit ", giant
crab"; and
(c) in sub-regulation (2), for paragraph (b)
substitute—
"(b) must not at any time—
(i) take any berried rock lobster; or
(ii) land or cause to be landed from
any boat any berried rock lobster;
or
(iii) possess berried rock lobster in
Victoria; or
(iv) remove any eggs from a berried
rock lobster; and"; and
(d) in sub-regulation (2), paragraphs (c) and (d)
are revoked; and
(e) in sub-regulation (2)(e)(i) omit
"dismembered giant crab or"; and
(f) in sub-regulation (2)(e)(ii) omit "part of a
giant crab or"; and
(g) in sub-regulation (2)(g) omit "is fitted with
an escape gap which"; and
(h) after sub-regulation (2)(j) insert
"(ja) must ensure that fish are not sold,
transferred or delivered to another
person in, under or on Victorian waters;
and
(jb) must ensure that fish taken by a person
who is not acting under the licence are
not transferred in, under or on Victorian
waters to the possession or control of
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the licence holder or anyone acting
under the licence (whether on board a
boat or not); and"; and
(i) in sub-regulation (2)(l) for "day." substitute
"day; and"; and
(j) after sub-regulation (2)(l) insert
"(m) must not take rock lobster if the rock
lobster quota unit balance in relation to
the licence is zero or less; and
(n) must not have on board a boat any rock
lobster pot if the rock lobster quota unit
balance in relation to the licence is zero
or less; and
(o) must not set or immerse a rock lobster
pot in Victorian waters if the rock
lobster quota unit balance in relation to
the licence is zero or less; and
(p) must not haul or retrieve a rock lobster
pot set from a boat using another boat
unless authorised by the Secretary; and
(q) must ensure that any weight
information required to be provided
under the Act or these Regulations is
accurate to within 0·1 kilograms of the
actual weight; and
(r) must ensure that all details of the rock
lobster daily catch record are completed
in accordance with the instructions
contained in the rock lobster daily catch
record book on each day during which
rock lobster fishing takes place
before—
(i) providing details to the Secretary
in accordance with paragraph (u)
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via the rock lobster notification
service; or
(ii) leaving Victorian waters if rock
lobster taken from Victorian
waters is on board a boat; and
(s) must have the rock lobster daily catch
record book on board a boat
whenever—
(i) the licence holder or any person
acting under the licence is on
board the boat; or
(ii) rock lobster is on board the boat;
and
(t) must ensure that the duplicate copy of
the rock lobster daily catch record for a
particular month is sent to the Secretary
by the 14th day of the following month;
and
(u) must ensure that—
(i) at least 1 hour prior to entering a
port or mooring area in the eastern
rock lobster zone on any day
between the hours of 9 a.m. and
5 p.m.—
(A) with any rock lobster; or
(B) on any day during which
rock lobster fishing takes
place; or
(ii) at least 30 minutes prior to
entering a port or mooring area in
the western rock lobster zone on
any day between the hours of
9 a.m. and 5 p.m.—
(A) with any rock lobster; or
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(B) on any day during which
rock lobster fishing takes
place; or
(iii) at least 2 hours prior to entering a
port or mooring area at any other
time—
(A) with any rock lobster; or
(B) on any day during which
rock lobster fishing takes
place—
the specified details are provided to the
Secretary and confirmed as correct via
the rock lobster notification service;
and
(v) must ensure that, if the number of
rock lobster on board the boat is not
known at the time of providing the
specified details in accordance with
paragraph (u), the following details are
provided to the Secretary and
confirmed as correct via the rock
lobster notification service after hauling
the last rock lobster pot but at least
5 minutes prior to landing rock
lobster—
(i) the number allocated by the
Secretary to identify the licence;
(ii) the number of rock lobster on
board the boat; and
(w) must ensure that at least 1 hour prior to
landing any rock lobster from a coff,
the specified details are provided to the
Secretary and confirmed as correct via
the rock lobster notification service;
and
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(x) must ensure that no rock lobster is
landed prior to the time at which it was
estimated via the rock lobster
notification service that the landing
would commence; and
(y) must ensure that the landing of rock
lobster commences within 1 hour after
the time at which it was estimated via
the rock lobster notification service that
the landing would commence; and
(z) must ensure that rock lobster is not
landed between 9 p.m. on any day and
6 a.m. on the following day; and
(za) must ensure that any rock lobster taken
from Victorian waters is landed in
Victoria at a port or mooring area
specified in Schedule 18; and
(zb) must ensure that no rock lobster is
landed at any place other than the port
or mooring area specified via the rock
lobster notification service; and
(zc) must ensure that, no later than
20 minutes after landing and weighing
the rock lobster but—
(i) before complying with
paragraph (zc); and
(ii) before the rock lobster leaves the
place of landing—
the specified details are provided to the
Secretary and confirmed as correct via
the rock lobster notification service;
and
(zd) must ensure that, no later than
20 minutes after landing and weighing
rock lobster, all details of the catch
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disposal record, including his or her
signature (or the signature of the person
acting under the licence), are entered on
the original and the duplicate copy of
the catch disposal records in respect of
all rock lobster landed under the licence
in accordance with the instructions
contained in the catch disposal record
book; and
(ze) must not allow the rock lobster to be
sold or leave the place of landing or to
enter any premises on which fish is
processed or held until the licence
holder
(i) has received the Secretary's
confirmation number in respect of
that rock lobster; and
(ii) has recorded the confirmation
number on the original and the
duplicate copy of the catch
disposal record and signed the
original and the duplicate copy of
it
unless authorised by the Secretary
under regulation 627A(2)(b) to proceed
with moving the rock lobster from the
place of landing; and
(zf) must not allow the rock lobster to be
sold or leave the place of landing or to
enter any premises on which fish is
processed or held unless the licence
holder—
(i) has complied with paragraph (zb);
and
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(ii) the original catch disposal record
accompanies the rock lobster as it
leaves the landing site; and
(zg) must not allow more than 2 rock lobster
to be sold or leave the place of landing
or to enter any premises on which fish
is processed or held unless the original
catch disposal record which
accompanies the rock lobster is placed
into the waterproof envelope approved
or provided by the Secretary and the
envelope is sealed; and
(zh) if authorised by the Secretary under
regulation 627A(2)(b), must ensure that
the confirmation number provided by
the Secretary is recorded on the original
and the duplicate copy of the catch
disposal record and the original and the
duplicate copy of it are signed before
allowing the rock lobster to be sold or
to leave the place of landing or to enter
any premises (whether landed from a
boat or a coff); and
(zi) must ensure that he, she or any person
acting under the licence does not
possess a signed catch disposal record
or a copy of the disposal record unless
all required details of the catch disposal
record have been completed in
accordance with the instructions
contained in the catch disposal record
book; and
(zj) must ensure that he, she or any person
acting under the licence does not give,
lend or make available to any person
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other than an authorised officer a catch
disposal record, a copy of a catch
disposal record or catch disposal record
book that has been issued to the licence
holder; and
(zk) must ensure that all completed and
unused catch disposal records, catch
disposal record books, rock lobster
daily catch records and rock lobster
daily catch record books issued to the
licence holder are retained by the
licence holder for 3 years; and
(zl) must ensure that the duplicate copy of
each catch disposal record that has been
completed in respect of rock lobster
landed by him, her or any person acting
under the licence is retained in the
catch disposal record book issued to the
licence holder; and
(zm) must ensure that the Secretary is
notified if a catch disposal record book
or a rock lobster daily catch record
book is lost; and
(zn) must ensure that the Secretary is
notified of the location of a catch
disposal record book or a rock lobster
daily catch record book if it is not
located on the boat or at the place of
landing; and
(zo) must ensure that, if an error occurs
when he, she or any person acting
under the licence is completing a catch
disposal record
(i) the words
"ERRORCANCELLED" are
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written across the disposal record;
and
(ii) the next sequentially numbered
document in that catch disposal
record book or a new book is
used; and
(iii) the original of the cancelled
disposal record is forwarded to the
Secretary within 48 hours and the
duplicate copy is retained in the
catch disposal record book; and
(zp) must not possess or use a coff or load
any rock lobster into a coff unless the
licence authorises the use of the coff;
and
(zq) must not possess or use more than
3 coffs; and
(zr) must not use a coff at a location other
than the location authorised by the
licence; and
(zs) must ensure that a coff is readily
accessible for inspection and that its
contents are securely stored; and
(zt) must record the following matters in the
coff register for the coff immediately
after rock lobster is loaded into or
unloaded from a coff—
(i) the time and date when rock
lobster is loaded into and
unloaded from a coff;
(ii) the number of rock lobster loaded
into and unloaded from a coff;
(iii) the number of rock lobster held in
a coff after each movement of
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rock lobster into or out of the coff;
and
(zu) must ensure that the coff register is on
board on any day during which there is
rock lobster in the coff."; and
(k) in sub-regulation (3), for "12 hours before"
substitute "at 9 a.m. on 15 November each
year until the opening of"; and
(2) In regulation 318 of the Principal Regulations, for
sub-regulation (4) substitute—
"(4) Despite sub-regulation (2)(a)(iii), a licence
holder may have rock lobster pots on board
the boat during the period commencing—
(a) 24 hours before the start of the opening
of the open season for rock lobster until
the start of the opening of the open
season for rock lobster if the boat is in a
port or mooring area specified in
Schedule 18; and
(b) at 9 a.m. on 15 November each year
until the start of the opening of the
open season for rock lobster for the
purposes of setting or immersing rock
lobster pots.".
(3) After regulation 318(6) of the Principal
Regulations insert—
"(7) Despite sub-regulations (2)(j) and (2)(ja),
fish may be transferred to the licence
holder's tender boat prior to landing if that
boat proceeds directly to the port or mooring
area nominated via the rock lobster
notification service.
(8) Despite sub-regulation (2)(n), a licence
holder may have rock lobster pots on board a
boat if—
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(a) the boat is in a port or mooring area; or
(b) the boat is in transit with the approval
of an authorised officer.
(9) Sub-regulations (2)(u) and (2)(w) do not
apply to a licence holder if—
(a) the licence authorises the licence holder
to comply with alternative prior
reporting requirements; and
(b) the licence holder has complied with
any conditions of that authorisation.
(10) Sub-regulations (2)(u)(iii) and (2)(z) do not
apply to a licence holder if—
(a) the following details are provided by
the licence holder to the Secretary and
confirmed as correct via the rock
lobster notification service at least
12 hours prior to landing rock lobster—
(i) the number allocated by the
Secretary to identify the licence;
(ii) the port or mooring area the boat
will enter;
(iii) the estimated time at which the
boat will enter the port or mooring
area;
(iv) the estimated time at which the
landing of rock lobster will
commence; and
(b) at—
(i) least 1 hour prior to entering a
port or mooring area in the eastern
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rock lobster zone to land rock
lobster; or
(ii) at least 30 minutes prior to
entering a port or mooring area in
the western rock lobster zone to
land rock lobster—
the specified details are provided to the
Secretary and confirmed as correct via
the rock lobster notification service.
(11) Despite sub-regulation (2)(y), a licence
holder may commence landing 1 hour or
more after the time at which it was estimated
that landing would commence via the rock
lobster notification service if the licence
holder contacts the Secretary in accordance
with regulation 627A(1)(b) advising of his or
her intention to land rock lobster 1 hour or
more after the estimated time and the new
estimated time at which the landing of giant
crab will commence.
(12) Sub-regulation (2)(za) does not apply to a
licence holder if—
(a) the licence authorises the licence holder
to land rock lobster at a port or mooring
area at Port Macdonnell or Eden; and
(b) the licence holder provides to the
Secretary and confirms as correct the
specified details required to be
provided by sub-regulation (2)(u) at
least 1 hour prior to entering the port or
mooring area at Port Macdonnell or
Eden—
(i) with any rock lobster; or
(ii) on any day during which rock
lobster fishing takes place; and
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(c) the licence holder has complied with
any conditions of that authorisation.
(13) Despite sub-regulation (2)(zb), a licence
holder may land rock lobster at a place other
than the port or mooring area specified via
the rock lobster notification service if—
(a) the licence holder contacts the
Secretary in accordance with regulation
627A(1)(b) advising of his or her
intention to land rock lobster at another
location at least 1 hour before rock
lobster is unloaded; or
(b) rock lobster is landed in an emergency
because of an impending or actual
threat to the safety of the boat or its
crew.
(14) Sub-regulation (2)(zc) does not apply to a
licence holder if—
(a) the licence authorises the licence holder
to comply with alternative reporting
requirements; and
(b) the licence holder has complied with
any conditions of that authorisation.".
15. Closed season for giant crab
In the Table in regulation 506(1) of the Principal
Regulations, after the item relating to "Abalone,
greenlip" insert
"Giant crab
(female)
All Victorian
waters
1 June to 15 November
in each year
Giant crab
(male)
All Victorian
waters
1 September to 15
November in each year".
16. Marking giant crab pots
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(1) In regulation 527(a)(i) of the Principal
Regulations omit ", crab pot".
(2) After regulation 527(b) of the Principal
Regulations insert—
'(ba) must ensure that any giant crab pot used by
the licence holder is attached to a buoy or
flag and is clearly and legibly marked with
the registration number of the boat used in
the setting of that equipment and with the
letter "G" as a prefix to the registration
number of the boat; and
(bb) must ensure that, in addition to the
requirements set out in paragraph (ba), the
buoy or flag attached to any giant crab pot is
clearly and legibly marked with the letter
"L" as a prefix to the letter "G" if the giant
crab pot is attached to a long line; and'.
17. Forfeited Rock Lobster Quota
After regulation 602 of the Principal Regulations
insert—
"Division 1A—Forfeited Rock Lobster and
Giant Crab Quota
602A. Secretary may sell forfeited rock lobster
quota by tender
If a court orders the forfeiture of an
individual quota unit under section 66 of the
Act and if the Secretary determines that the
quota unit should be allocated to one or more
holders of a Rock Lobster Fishery Access
Licence, the Secretary may invite each
holder of a Rock Lobster Fishery Access
Licence authorised to take rock lobster in the
rock lobster fishing zone in which the quota
unit had been allocated to purchase the quota
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unit by tender in the manner set out in the
invitation.
602B. Secretary may sell forfeited giant crab
quota by tender
If a court orders the forfeiture of an
individual quota unit under section 66 of the
Act and if the Secretary determines that the
quota unit should be allocated to one or more
holders of a Giant Crab Fishery Access
Licence, the Secretary may invite each
holder of a Giant Crab Fishery Access
Licence to purchase the quota unit by tender
in the manner set out in the invitation.".
18. Application fee for transfer of individual quota units
For regulation 622 of the Principal Regulations
substitute—
"622. Application fee for transfer of individual
quota units
The application fee for the transfer of
individual quota units is—
(a) $176 for the Abalone Fishery; and
(b) $33 for the Giant Crab Fishery; and
(c) $33 for the Rock Lobster Fishery; and
(d) $33 for the Scallop (Ocean) Fishery.".
19. Rock Lobster and Giant Crab Notification Services
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After regulation 627 of the Principal Regulations
insert—
"627A. Secretary's obligations and powers relating
to rock lobster fishery
(1) The Secretary must notify, in writing, each
holder of a Rock Lobster Fishery Access
Licence (or any person acting under that
licence) of—
(a) the telephone service and number to be
used to notify the Secretary of the
specified details in relation to rock
lobster; and
(b) the telephone 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
a Rock Lobster Fishery Access Licence (or
any person acting under that licence) via the
rock lobster notification service—
(a) the Secretary must make all reasonable
efforts to provide the licence holder (or
any person acting under that licence)
with the Secretary's confirmation
number via the rock lobster notification
service as soon as is practicable after
the licence holder (or any person acting
under that licence) has confirmed that
the specified details are correct; and
(b) if a licence holder (or any person acting
under that licence)—
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(i) has not received the Secretary's
confirmation number via the rock
lobster 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) to proceed with moving
the rock lobster from the place of
landing without receiving the
Secretary's confirmation number;
and
(iv) issue the licence holder with a
confirmation number for the
purposes of sub-paragraph (iii);
and
(c) the specified details will be stored via
the automated response system 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.
627B. Secretary's obligations and powers relating
to giant crab fishery
(1) The Secretary must notify, in writing, each
holder of a Giant Crab Fishery Access
Licence (or any person acting under that
licence) of—
(a) the telephone service and number to be
used to notify the Secretary of the
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specified details in relation to giant
crab; and
(b) the telephone 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
a Giant Crab Fishery Access Licence (or any
person acting under that licence) via the
giant crab notification service—
(a) the Secretary must make all reasonable
efforts to provide the licence holder (or
any person acting under that licence)
with the Secretary's confirmation
number via the giant crab notification
service as soon as is practicable after
the licence holder (or any person acting
under that licence) has confirmed that
the specified details are correct; and
(b) if a licence holder (or any person acting
under that licence)—
(i) has not received the Secretary's
confirmation number via the giant
crab 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) to proceed with moving
the giant crab from the place of
landing without receiving the
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Secretary's confirmation number;
and
(iv) issue the licence holder with a
confirmation number for the
purposes of sub-paragraph (iii);
and
(c) the specified details will be stored via
the automated response system 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.".
20. Offences in relation to documents
After regulation 630 of the Principal Regulations
insert—
"630A. Offence to receive rock lobster or giant crab
from licence holder without a catch
disposal record
A person who receives rock lobster or giant
crab from the holder of a Rock Lobster
Fishery Access Licence or a Giant Crab
Fishery Access Licence (or any person
acting under such a licence) at the place
where the rock lobster or giant crab was
landed must hold the original of the relevant
catch disposal record for the period during
which the person possesses or has control of
the rock lobster or giant crab.
Penalty: 20 penalty units.
630B. Offence to provide false or misleading
information
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A person must not, in a document or via the
giant crab notification service or rock lobster
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.".
21. Specifications for rock lobster pots
For regulation 631 of the Principal Regulations
substitute—
"631. Specifications for certain fishing equipment
(1) The specifications for—
(a) a rock lobster pot are as specified in
sub-regulations (2) and (3); and
(b) a giant crab pot are as specified in sub-
regulation (2).
(2) A rock lobster pot or giant crab pot must—
(a) only have one neck or entrance; and
(b) comprise of only one chamber capable
of trapping rock lobster or giant crab;
and
(c) have one or more escape gaps in its side
which comply with sub-regulation (4).
(3) A rock lobster pot must not be more than
150 centimetres long by 150 centimetres
wide by 120 centimetres high.
(4) An escape gap must—
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(a) be a rectangular opening measuring
at least 25 centimetres long by
6 centimetres high and must be placed
in the rock lobster pot or giant crab pot
so that the bottom edge of the orifice is
not less than 7 centimetres or more than
10 centimetres from the inside surface
of the bottom of the rock lobster pot or
giant crab pot; and
(b) be formed—
(i) using a solid steel bar of at least
1·2 centimetres square section or
1·2 centimetres diameter; or
(ii) from steel plate that is at least
0·2 centimetres thick and in a
manner so that the metal surround
is at least 3 centimetres in depth.".
22. Transitional provisions for the giant crab fishery
After regulation 710 of the Principal Regulations
insert—
"711. Grounds for refusing to transfer a Giant
Crab Fishery Access Licence
The Secretary must not grant an application
for the transfer of a Giant Crab Fishery
Access Licence unless the proposed
transferee is the holder of a Rock Lobster
Fishery Access Licence.
712. Expiry of regulations
Regulations 307A(2)(f), 318(2)(h), 318(2)(i)
and 711 expire on 15 November 2003.
713. Transitional provision for Giant Crab
Fishery Access Licences
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(1) A licence holder who immediately before
16 November 2001 was the holder of a Rock
Lobster Fishery Access Licence for the
western rock lobster zone which authorised
the licence holder to take giant crabs is
deemed to also hold a Giant Crab Fishery
Access Licence until the date on which the
Rock Lobster Fishery Access Licence is due
to be renewed.
(2) A person to whom sub-regulation (1) applies
is—
(a) also deemed to be authorised by that
deemed Giant Crab Fishery Access
Licence to use and have on board a boat
the number of giant crab pots equal to
the number of rock lobster pots the
licence holder was authorised to use
under the licence holder's Rock Lobster
Fishery Access Licence as at 30 June
2001; and
(b) exempt from payment of the levy
imposed under regulation 617 in
respect of the period during which the
person is deemed to hold a Giant Crab
Fishery Access Licence.".
23. Fees for Giant Crab Fishery Access Licences
In Schedule 12 to the Principal Regulations, after
item 9 insert—
"10. Giant Crab Fishery
Access Licence
$172 $172 $400".
24. New Schedule 18 inserted
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After Schedule 17 to the Principal Regulations,
insert—
"SCHEDULE 18
PORTS AND MOORING AREAS AT WHICH
ROCK LOBSTER AND GIANT CRAB MAY BE
LANDED
Anglesea
Apollo Bay
Barwon Heads
Cape Bridgewater
Cape Conran
Flinders
Kennett River
Inverloch
Lakes Entrance
Lorne
Mallacoota
Marlo
McLaughlin's Beach
Port Albert
Port Campbell
Port Fairy
Portland
Port Welshpool
Queenscliff
San Remo
Sorrento
Torquay
Ventnor
Walkerville South
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Warrnambool".
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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
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