Fisheries (Commercial) Regulations 2000

i Fisheries (Commercial) Regulations 2000 S.R. No. 15/2000 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Principal Regulations 1 4. Amendment to definition 2 5. Amendment to regulation 233 2 6. Amendments to conditions of an Ocean Fishery Access Licence 2 7. Amendments to conditions of a Rock Lobster Fishery Access Licence 3 8. Amendment to regulation 327 3 9. Amendment to regulation 329 3 10. Holder of a Fish Receivers' (Abalone) Licence to mark or label abalone packaging 4 330A. Requirement to mark abalone packaging 4 11. Amendment to regulation 507 4 12. New regulations 542 and 543 5 542. Offence to sell unmarked or unlabelled abalone 5 543. Offence to deface, damage, remove or destroy abalone packaging or label 5 13. Amendment to regulation 628 5 14. Amendments to regulation 629 5 15. Amendment to regulation 634 6 16. Amendments to fees and levies 6 17. Amendment to Schedule 14 6 ═══════════════ NOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 2000 S.R. No. 15/2000 Fisheries Act 1995 Fisheries (Commercial) Regulations 2000 The Governor in Council makes the following Regulations: Dated: 14 March 2000 Responsible Minister: CANDY BROAD Minister for Energy and Resources HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is— (a) to make further provision for the regulation of commercial fishing activity in Victoria; (b) to make minor amendments to the Fisheries Regulations 1998. 2. Authorising provision These Regulations are made under section 153 of the Fisheries Act 1995. 3. Principal Regulations In these Regulations, the Fisheries Regulations 1998 1 are called the Principal Regulations. -- 2 of 8 -- S.R. No. 15/2000 Fisheries (Commercial) Regulations 2000 2 4. Amendment to definition In regulation 105(2) of the Principal Regulations for the definition of "Gippsland Lakes" substitute— ' "Gippsland Lakes" means the total area of all waters bounded by a line commencing at the outer end of the western pier at the entrance wall at the entrance to the Gippsland Lakes, continuing in a north westerly direction to the inner end of that pier then following the shoreline along the mean highwater mark of such waters in a generally clockwise direction to the inner end of the eastern pier at the entrance wall at the entrance to the Gippsland Lakes, then following that wall to its outer end, then in a generally westerly direction to the commencement of that line, but does not include the waters east of Eastern Beach Road or any river, creek or stream flowing into the Gippsland Lakes (except Chinaman's Creek and Boxes Creek which flow into and form part of Bancroft Bay);'. 5. Amendment to regulation 233 In regulation 233(e) of the Principal Regulations, after "Fishery" insert "(Bait)". 6. Amendments to conditions of an Ocean Fishery Access Licence For regulation 314(2)(e) of the Principal Regulations substitute— "(e) must not on any one day— (i) take, possess or retain on board any boat more than a total combined number of 2 gummy shark and school shark; or r. 4 -- 3 of 8 -- S.R. No. 15/2000 Fisheries (Commercial) Regulations 2000 3 (ii) land from any boat more than a total combined number of 2 gummy shark and school shark; and". 7. Amendments to conditions of a Rock Lobster Fishery Access Licence After regulation 318(4) of the Principal Regulations insert— "(5) A licence holder must not use a rock lobster pot in Andersons Inlet, Corner Inlet, Curdies Inlet, the Gippsland Lakes, Mallacoota Inlet, Port Phillip Bay, Swan Bay, Sydenham Inlet, Tamboon Inlet, Lake Tyers, Western Port Bay or Wingan Inlet. (6) Despite sub-regulation (5), a licence holder may use a rock lobster pot in a bay or inlet specified in that sub-regulation if he or she holds an access licence that authorises the taking of rock lobster from that bay or inlet.". 8. Amendment to regulation 327 For regulation 327(f)(ii) of the Principal Regulations substitute— "(ii) provide the specified details to the Secretary via the notification service; and (iii) immediately enter the receipt number and time provided by the notification service on Part D of the duplicate and triplicate copies of the abalone docket; and". 9. Amendment to regulation 329 In regulation 329(a) of the Principal Regulations— (a) in sub-paragraph (i) for "629(g)" substitute "629(1)(g) and (h)"; r. 7 -- 4 of 8 -- S.R. No. 15/2000 Fisheries (Commercial) Regulations 2000 4 (b) sub-paragraph (iii) is revoked. 10. Holder of a Fish Receivers' (Abalone) Licence to mark or label abalone packaging After regulation 330 of the Principal Regulations insert— "330A. Requirement to mark abalone packaging (1) The holder of a Fish Receivers' (Abalone) Licence or any person acting under that licence must, before abalone leaves the licensed premises of the licence holder— (a) mark the outside of the immediate packaging of the abalone with the details (if applicable) listed in sub- regulation (2); or (b) affix a label to the outside of the immediate packaging of the abalone that contains the details (if applicable) listed in sub-regulation (2). (2) For the purposes of sub-regulation (1) the details are— (a) the name of the licence holder or the name and address of the person on whose behalf the abalone was packaged; (b) the approved AQIS number or the trader identification number issued to the licence holder; (c) the net weight (kilograms) of the abalone; (d) the date that the licence holder or person acting under the licence packaged the abalone.". 11. Amendment to regulation 507 r. 10 -- 5 of 8 -- S.R. No. 15/2000 Fisheries (Commercial) Regulations 2000 5 In regulation 507(1)(g) of the Principal Regulations omit ", a fyke net". 12. New regulations 542 and 543 After regulation 541 of the Principal Regulations insert— "542. Offence to sell unmarked or unlabelled abalone A person must not sell abalone unless the immediate packaging of the abalone is marked or labelled in accordance with regulation 330A. Penalty: 20 penalty units. 543. Offence to deface, damage, remove or destroy abalone packaging or label (1) A person must not deface, damage, remove or destroy abalone packaging or a label that has been affixed to that packaging in accordance with regulation 330A. Penalty: 20 penalty units. (2) Sub-regulation (1) does not apply to a person who removes packaging or a label from abalone at the place where that abalone is to be consumed.". 13. Amendment to regulation 628 In regulation 628(2) of the Principal Regulations for "329(c)" substitute "329(b)". 14. Amendments to regulation 629 (1) In regulation 629(1) of the Principal Regulations— (a) for "receipt or invoice" substitute "document"; r. 12 -- 6 of 8 -- S.R. No. 15/2000 Fisheries (Commercial) Regulations 2000 6 (b) in paragraph (c), for "receipt" substitute "document"; (c) after paragraph (g) insert— "; and (h) the date that the abalone was packaged.". (2) After regulation 629(2) of the Principal Regulations insert— "(3) A copy of a document issued by a person under sub-regulation (1) must be retained by that person for a period of 3 years from the date of issue of that document.". 15. Amendment to regulation 634 In regulation 634(b) and (c) of the Principal Regulations after "storage" insert "or sale". 16. Amendments to fees and levies In Schedule 12 to the Principal Regulations— (a) for the levy in column 5 of item 2 substitute "$556 + $17 per pot"; (b) for the levy in column 5 of item 3 substitute "$1806"; (c) for the levy in column 5 of item 4 substitute "$390". 17. Amendment to Schedule 14 In Schedule 14 to the Principal Regulations after the item relating to "section 111(1)(f)" insert— " Regulation 330A of the Fisheries Regulations 1998 3 years" . ═══════════════ r. 15 -- 7 of 8 -- S.R. No. 15/2000 Fisheries (Commercial) Regulations 2000 7 NOTES 1 Reg. 3: S.R. No. 23/1998. Reprint No. 1 as at 24 August 1999. Notes -- 8 of 8 --