FISHERIES AMENDMENT REGULATIONS 2017 (SR NO 10 OF 2017)

Victorian Numbered Regulations

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FISHERIES AMENDMENT REGULATIONS 2017 (SR NO 10 OF 2017)

TABLE OF PROVISIONS

1. Objectives
2. Authorising provision
3. Commencement
4. Principal Regulations

PART 2--AMENDMENTS TO LICENCE CONDITIONS

Division 1--Gippsland LakesFishery Access Licence

5. Use of certain fishing nets or scallop dredge prohibited in certain waters
6. Activities authorised by a Gippsland Lakes Fishery Access Licence
7. Regulation 149 substituted
8. Use and possession of mesh nets

Division 2--Eel Fishery Access Licence

9. Regulation 141 substituted

Division 3--Gippsland Lakes (Bait)Fishery Access Licence

10. Regulation 167A inserted

PART 3--TRANSFER OF WRASSE (OCEAN) FISHERY ACCESS LICENCES

11. Classes of commercial fishery licences that are transferable
12. Classes of access licence where services of other person used
13. Regulation 234AA revoked

PART 4--OTHER AMENDMENTS COMMENCING 1 APRIL 2017

14. Additional types of fishing equipment prescribed for the purposes of the Act
15. Eligibility criterion for issue, renewal or transfer of access licence
16. Taking of gemfish prohibited
17. Additional minimum sizes for commercial taking and possession of fish
18. Minimum sizes for abalone
19. Schedule 3—Ports and mooring areas at which abalone may be landed
20. Schedule 20—Scallop dive (Port Phillip Bay) Fishery Access Licence management zones, exclusion zones and ports and mooring areas
21. Schedule 23 inserted

PART 5--AMENDMENTS RELATING TO THE TRADITIONAL OWNER SETTLEMENT ACT 2010

22. Definitions
23. Regulation 11A inserted
24. Exemptions from requirement to hold recreational fishery licence
25. Revocation of Division 1 of Part 4

Division 1--of Part 4 of the Principal Regulations is revoked.

26. Application of Division 1 of Part 6
27. Regulation 91A revoked
28. Revocation of regulation 103(2)
29. Regulation 117A revoked
30. Regulation 234A revoked
31. Regulation 240 substituted
32. Regulation 319A revoked
33. Regulation 323 substituted
34. Catch limit for scallop
35. Regulation 417A substituted

PART 6--AMENDMENTS RELATING TO THE VICTORIAN FISHERIES AUTHORITY

36. Definitions
37. Register of adjustment numbers
38. Grounds on which Secretary must refuse to issue aquaculture licence
39. Application to transfer commercial fishery licences
40. Ground for refusing the transfer of access licences
41. Grounds for refusing the transfer of a Giant Crab Fishery (Western Zone) Access Licence
42. Individual quota units not to be transferred if levy on licence has not been paid
43. Individual abalone quota units not to be transferred if levy on quota units not paid
44. Process for voluntary surrender of commercial fishery licence
45. Process for determination of compensation payable under section 63
46. Subdivision 5—Miscellaneous duties and powers of Secretary
47. Matters that may be specified by Secretary in a commercial fishery licence
48. Secretary to specify licence number on Giant Crab Fishery (Western Zone) Access Licence
49. Secretary to publish address for return of cancelled documents
50. Secretary may give directions or authorisations relating to lost, stolen or damaged documents
51. Secretary may direct return of fisheries documents
52. Activities authorised by every access licence
53. Every commercial fishery licence subject to conditions in this Subdivision
54. Errors made while completing certain fisheries documents
55. Lost or destroyed fisheries documents or copies
56. Damaged fisheries documents and copies
57. Theft of fisheries documents or copies
58. Fisheries documents to be used in sequential numerical order
59. Fisheries documents not to be lent, given or made available to others
60. Licence holder to retain all unused fisheries documents in book issued
61. Licence holder must return unused or partly used documents
62. Licence holder to notify of change of name, address or telephone number
63. Fees, levies, royalties in respect of licences to be paid by due date
64. Levies and royalties in respect of individual quota units to be paid by due date
65. Every access licence subject to conditions in this Subdivision
66. Completion of catch and effort records
67. Definition
68. Offence to fail to return unissued recreational fishery licences
69. Registration of a boat used for fishing
70. Renewal of registration of a boat
71. Secretary to issue certificate of registration
72. Duration of boat registration
73. Transfer of registration of boat
74. Offence to tag or mark fish
75. Requirements on persons receiving fish for sale
76. Bait (General) Fishery Access Licence subject to conditions in this Division
77. Corner Inlet Fishery Access Licence subject to conditions in this Division
78. Eel Fishery Access Licence subject to conditions in this Division
79. Secretary to be notified of setting and removal of fyke nets
80. Gippsland Lakes Fishery Access Licence subject to conditions in this Division
81. Gippsland Lakes (Bait) Fishery Access Licence subject to conditions in this Division
82. Gippsland Lakes (Mussel Dive) Fishery Access Licence subject to conditions in this Division
83. Lake Tyers (Bait) Fishery Access Licence subject to conditions in this Division
84. Mallacoota Lower Lake (Bait) Fishery Access Licence subject to conditions in this Division
85. Ocean Fishery Access Licence subject to conditions in this Division
86. Port Phillip Bay (Mussel Bait) Fishery Access Licence subject to conditions in this Division
87. Purse Seine (Ocean) Fishery Access Licence subject to conditions in this Division
88. Purse Seine (Port Phillip Bay) Fishery Access Licence subject to conditions in this Division
89. Notification of intention to take fish for sale
90. Prior reporting of details before entering port or mooring area
91. Fish must be landed at a specified place
92. Boat not to enter port or mooring area and fish not to be landed before estimated time
93. Boat to enter port or mooring area and fish to be landed within one hour after estimated time
94. Secretary to confirm receipt of details to licence holder
95. Requirement to complete catch and effort record
96. Requirement to complete and keep catch disposal record
97. Requirements for keeping fisheries documents and copies relating to fish
98. Annual catch limit and prohibitions on fishing when annual catch limit has been reached
99. Snowy River (Bait) Fishery Access Licence subject to conditions in this Division
100. Sydenham Inlet (Bait) Fishery Access Licence subject to conditions in this Division
101. Trawl (Inshore) Fishery Access Licence subject to conditions in this Division
102. Catch limit for bug
103. Western Port/Port Phillip Bay Fishery Access Licence subject to conditions in this Division
104. Notification of intention to take fish for sale
105. Prior reporting of details before entering port or mooring area
106. Fish must be landed at a specified place
107. Boat not to enter port or mooring area and fish not to be landed before estimated time
108. Boat to enter port or mooring area and fish to be landed within one hour after estimated time
109. Secretary to confirm receipt of details to licence holder
110. Requirement to complete catch and effort record
111. Requirement to complete and keep catch disposal record
112. Requirements for keeping fisheries documents and copies relating to fish
113. Annual catch limit and prohibitions on fishing when annual catch limit has been reached
114. Wrasse (Ocean) Fishery Access Licence subject to conditions in this Division
115. Offence to remove abalone from its packaging
116. Abalone fishery access licences subject to conditions in this Division
117. Notification of specified abalone details to Secretary
118. Duplicate and triplicate abalone docket to be affixed to bin
119. Submission of original abalone docket to Secretary
120. Fish Receivers' (Abalone) Licence subject to conditions in Subdivisions 2, 3, 4, 5, 6 and 7
121. Stock record to be provided to Secretary on request
122. Abalone sold and possessed not to exceed recorded amounts
123. Bins of abalone that are not properly sealed
124. Incomplete or incorrect dockets
125. Weighing and notification of specified abalone details to Secretary
126. Copies of abalone docket
127. Secretary to be notified of incorrect abalone transfer certificate
128. Weighing and notification of specified abalone details to Secretary
129. Copies of abalone transfer certificate
130. Weighing and notification of specified abalone details to Secretary
131. Original and copies of abalone transfer certificate
132. Requirements for sale or consignment of smaller quantities of abalone
133. Specified abalone details to be notified to Secretary
134. Original and quadruplicate copy of abalone transfer certificate
135. Secretary may request stock record or small sales return to be completed
136. Secretary to notify licence holders of telephone numbers to be used
137. Secretary to give abalone confirmation number to holder of abalone fishery access licence
138. Secretary to notify fish receivers of internet address and telephone numbers to be used
139. Secretary to give abalone confirmation number to holder of Fish Receivers' (Abalone) Licence
140. Offence to write on, use or possess certain fisheries documents or copies
141. Unused documents to be returned by former licence holders within 48 hours
142. Notification of nomination of licence holder by holder of individual abalone quota unit
143. Rock lobster fishery access licence subject to conditions in this Division
144. Transfer of rock lobster at sea prohibited
145. Requirement to complete rock lobster daily catch record book
146. Prior reporting of rock lobster details before entering ports
147. Further details to be provided to Secretary after initial reporting under regulation 348
148. Boat not to enter port and rock lobster not to be landed before estimated time
149. Boat to enter port and rock lobster to be landed within 1 hour after estimated time
150. Rock lobster to be landed in Victoria unless exempted
151. Rock lobster must be landed at specified place
152. Reporting of post-landing details concerning rock lobster to Secretary
153. Original rock lobster daily catch record to be sent to Secretary
154. Requirements for keeping of fisheries documents and copies relating to rock lobster
155. Location of rock lobster catch disposal record book and daily catch record book to be notified
156. Secretary may allocate forfeited individual quota units in respect of rock lobster by tender
157. Secretary to notify licence holder of telephone numbers to be used
158. Secretary to give rock lobster confirmation number to rock lobster fishery access licence holder
159. Activities authorised by a Giant Crab Fishery (Western Zone) Access Licence
160. Giant Crab Fishery (Western Zone) Access Licence subject to conditions in this Division
161. Restrictions on numbers of rock lobster pots that may be used
162. Requirement to complete giant crab daily catch record book
163. Prior reporting of giant crab details before entering ports
164. Further details to be provided to Secretary after initial reporting under regulation 388
165. Boat not to enter port and giant crab not to be landed before estimated time
166. Boat to enter port and giant crab to be landed within 1 hour of after estimated time
167. Giant crab to be landed in Victoria unless exempted
168. Giant crab must be landed at specified place
169. Notification of post-landing details concerning giant crab to Secretary
170. Original giant crab daily catch record to be sent to Secretary
171. Requirements for keeping of fisheries documents and copies relating to giant crab
172. Location of giant crab catch disposal record book and giant crab daily catch record book to be notified
173. Secretary may allocate forfeited individual quota units in respect of giant crab by tender
174. Secretary to notify licence holder of telephone numbers to be used
175. Secretary to give giant crab confirmation number to licence holder
176. Scallop (Ocean) Fishery Access Licence subject to conditions in this Division
177. Authorised activities
178. Scallop Dive (Port Phillip Bay) Fishery Access Licence subject to conditions in this Division
179. Notification of intention to take scallop for sale
180. Prior reporting of scallop details before entering port of mooring
181. Scallop must be landed at a specified place
182. Boat not to enter port or mooring area and scallop not to be landed before estimated time
183. Boat to enter port or mooring area and scallop to be landed within one hour after estimated time
184. Scallop to be weighed after landing and information given to the Secretary
185. Scallop not to be moved before catch disposal record completed
186. Secretary to give scallop dive confirmation number to licence holder
187. Requirements for keeping fisheries documents and copies relating to scallop dive
188. Location of scallop dive catch disposal record book to be notified
189. Underwater breathing apparatus not to be used in certain parts of Port Phillip Bay
190. Vessel monitoring system
191. Submission of annual report
192. Secretary to notify licence holder of internet application to be used
193. Fish Receivers' (Scallop) Licence subject to conditions
194. Completion and submission of returns
195. Authorised activities
196. Sea Urchin Fishery Access Licence subject to conditions in this Division
197. Notification of intention to take sea urchin for sale
198. Prior reporting of sea urchin details before entering port of mooring
199. Sea urchin must be landed at a specified place
200. Boat not to enter port or mooring area and sea urchin not to be landed before estimated time
201. Boat to enter port or mooring area and sea urchin to be landed within one hour after estimated time
202. Sea urchin to be weighed after landing and information given to the Secretary
203. Sea urchin not to be moved before catch disposal record completed
204. Secretary to give sea urchin confirmation number to licence holder
205. Requirements for keeping fisheries documents and copies relating to sea urchin
206. Location of sea urchin catch disposal record book to be notified
207. Secretary to notify licence holder of internet application to be used
208. Every aquaculture licence subject to conditions in this Division
209. Completion of aquaculture production return
210. Aquaculture licences relating to abalone subject to additional conditions in this Division
211. Crown land aquaculture licence subject to additional conditions in this Division
212. Additional condition on Aquaculture (Private Land—Indoor Intensive) Licence
213. Additional condition on Aquaculture (Private Land—Tourism) Licence
214. Exemption from offence in Act relating to stocking fish into protected waters
215. Secretary's obligations in relation to aquaculture production returns
216. Secretary may exempt licence holder from licence condition
217. Vessel monitoring system installed on boat
218. Secretary to be notified of installation of vessel monitoring system
219. Contact person on land to be nominated by responsible person
220. Secretary to be notified of person to communicate with Secretary and boat
221. Boat not to be moved until notification that vessel monitoring system operating correctly
222. Fishing not to be carried out from boat with non-operational system
223. If required by Secretary password must be used
224. Sealing of vessel monitoring system to be arranged
225. Inspection of vessel monitoring system to be allowed
226. Secretary may require password for, or inspection or sealing of, vessel monitoring system
227. Offences to interfere with vessel monitoring system
228. Secretary may approve documents, things and equipment
ENDNOTES

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