Fisheries (Port Phillip Bay - Temporary Closure of Area to Fishing) Regulations 1997

i Fisheries (Port Phillip Bay - Temporary Closure of Area to Fishing) Regulations 1997 S.R. No. 83/1997 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 1 3. Definitions 1 4. Closure of area to fishing with the use of certain fishing equipment 3 5. Offence to have on board a boat or to use or possess specified commercial fishing equipment in the closed area 4 6. Offence to use or possess specified fishing equipment in the closed area 4 7. Exemption from operation of Regulations 4 8. Expiry 5 ═══════════════ -- 1 of 6 -- 1 STATUTORY RULES 1997 S.R. No. 83/1997 Fisheries Act 1968 Fisheries (Port Phillip Bay - Temporary Closure of Area to Fishing) Regulations 1997 The Governor in Council makes the following Regulations: Dated: 5 August 1997 Responsible Minister: PATRICK McNAMARA Minister for Agriculture and Resources SHARNE BRYAN Clerk of the Executive Council 1. Objectives The objectives of these Regulations are— (a) to protect fish and their habitat; and (b) to provide for orderly fishing and management of fishing grounds— in Victorian waters by temporarily closing to fishing, by the use of certain fishing equipment, an area of Port Phillip Bay affected by the marine weed Undaria. 2. Authorising provision These Regulations are made under section 81 of the Fisheries Act 1968. 3. Definitions In these Regulations— -- 2 of 6 -- S.R. No. 83/1997 Fisheries (Port Phillip Bay - Temporary Closure of Area to Fishing) Regulations 1997 2 "Act" means the Fisheries Act 1968; "closed area" means the area described in regulation 4; "specified commercial fishing equipment" means— (a) any fish trap, crayfish pot, dredge, longline, hoop net or any kind of fishing net; or (b) any electrical or sonar device that is designed for use, or is capable of being used, for or in connection with the taking of fish; or (c) any other device or mechanical contrivance that is designed for use, or is capable of being used, for or in connection with the taking of fish (including any tipper used in connection with a scallop dredge); or (d) any pot or net not more than 90 centimetres long nor more than 30 centimetres high nor more than 90 centimetres wide, which is designed for use, or is capable of being used, for or in connection with the taking of yabbies; or (e) any drop line or fishing line left fixed or set in water whether or not the line is set from the shore or from a buoy or other object (including fishing lines, hooks and snoods designed to be so left or fixed, but not including handlines and rods and reels); or (f) any rod and line, handline, dip net, shrimp or minnow trap, landing net, gaff, spear gun, hand held spear, r. 3 -- 3 of 6 -- S.R. No. 83/1997 Fisheries (Port Phillip Bay - Temporary Closure of Area to Fishing) Regulations 1997 3 amateur hoop net, hauling net, mesh net or other amateur fishing equipment when being used by, or under the supervision of, the holder of a commercial fishing licence under Part III of the Act as part of a commercial operation— but does not include commercial abalone equipment unless, in a particular case, that equipment is also designed for use, or is capable of being used, for or in connection with the commercial taking of fish other than abalone; "specified fishing equipment" means— (a) commercial abalone equipment; or (b) rod and line, handline, mussel rake, dip net, landing net, gaff, spear gun, hand held spear, amateur hoop net or any implement designed for or capable of being used for the taking of abalone or any other fish; "use" includes attempt to use or assist in the use of. 4. Closure of area to fishing with the use of certain fishing equipment The area of Port Phillip Bay located to the north- east of Point Wilson, being all that area of water and marine underwater terrain enclosed within a line commencing at the high water mark on the shoreline at 38°04'90"; 144°30'65", then running due east to an illuminated marker located at 38°04'90"; 144°31'00", then running due east to an illuminated marker located at 38°04'90"; 144°32'00", then running due north to an illuminated marker located at 38°03'90"; r. 4 -- 4 of 6 -- S.R. No. 83/1997 Fisheries (Port Phillip Bay - Temporary Closure of Area to Fishing) Regulations 1997 4 144°32'00", then running due north to an illuminated marker located at 38°03'00"; 144°32'00", then running due north to the high water mark on the shoreline at 38°02'80"; 144°32'00", is closed to fishing— (a) by the use of specified commercial fishing equipment; and (b) by the use of specified fishing equipment. 5. Offence to have on board a boat or to use or to possess specified commercial fishing equipment in the closed area (1) A person who has under his or her control a boat with specified commercial fishing equipment on board or attached to the boat must not enter into or remain in the closed area. Penalty: 10 penalty units. (2) A person must not use or possess specified commercial fishing equipment in the closed area. Penalty: 10 penalty units. 6. Offence to use or possess specified fishing equipment in the closed area A person must not use or possess specified fishing equipment in the closed area. Penalty: 10 penalty units. 7. Exemption from operation of Regulations These Regulations do not apply to— (a) an authorised officer acting in the course of his or her duty; or (b) a person authorised in writing by the Secretary to undertake research or control work in the closed area, in accordance with the directions of the Secretary. r. 5 -- 5 of 6 -- S.R. No. 83/1997 Fisheries (Port Phillip Bay - Temporary Closure of Area to Fishing) Regulations 1997 5 8. Expiry These Regulations expire on 23 January 1998. ═══════════════ r. 8 -- 6 of 6 --