Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2013

Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2013

S.R. No. 168/2013

table of provisions

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provisions 2

3 Commencement 2

4 Principal Regulations 2

Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay 3

5 Definitions 3

6 Classes of access licence 7

7 Classes of commercial fishery licences that are transferable 8

8 Classes of commercial fishery licence that may be held by a corporation 8

9 Classes of access licence where services of other person used 8

10 Errors made while completing certain fisheries documents 8

11 Completion of catch and effort records 9

12 Heading to Division 1 of Part 11 substituted 9

13 New regulation 404A inserted 9

404A Minimum size for scallop 9

14 Catch limit for scallop 10

15 New Divisions 3A, 3B and 3C inserted in Part 11 10

Division 3A—Activities authorised under a Scallop Dive
(Port Phillip Bay) Fishery Access Licence 10

413A Authorised activities 10

Division 3B—Conditions of Scallop Dive (Port Phillip Bay) Fishery Access Licence 11

413B Scallop Dive (Port Phillip Bay) Fishery Access
Licence subject to conditions in this Division 11

413C Instrument to measure scallop to be carried 11

413D Notification of intention to take scallop for sale 12

413E Prior reporting of scallop details before entering port
or mooring 12

413F Scallop must be landed at a specified place 13

413G Boat not to enter port or mooring area and scallop not
to be landed before estimated time 14

413H Boat to enter port or mooring area and scallop to be landed within one hour after estimated time 14

413I Scallop to be weighed after landing and information given to the Secretary 15

413J Scallop not to be moved before catch disposal record completed 16

413K Secretary to give scallop dive confirmation number
to licence holder 16

413L Requirements for keeping fisheries documents and copies relating to scallop dive 17

413M Location of scallop dive catch disposal record book
to be notified 17

413N Scallop commercial fishing management zones 18

413O Recreational fishing not permitted from boat used
for taking scallop 18

413P Shucked scallop not to be on boat or landed from
boat 18

413Q Scallop not to be transferred at sea from boat to boat 18

413R Transfer to licence holder of scallop taken by other persons prohibited in Victorian waters 18

413S Possession of recreationally caught scallop at commercial premises prohibited 19

413T Possession of commercial fishing equipment or
scallops prohibited in a scallop commercial fishing exclusion zone 19

413U Underwater breathing apparatus not to be used in
certain parts of Port Phillip Bay 19

413V Vessel monitoring system 20

413W Licence holder to maintain internet access 21

413X Submission of annual report 21

Division 3C—Other matters relating to scallop 22

413Y Secretary to notify licence holder of internet
application to be used 22

413Z Required form of documentation for sale of scallop (scallop receipt) 23

413ZA Documentation requirement for possession of scallop 24

16 Receipt of scallop 24

17 Amendment to Schedule 4—Definitions of fisheries 24

18 Amendment to Schedule 5—Base number of licences for purposes of calculating maximum number of licences 25

19 Amendment to Schedule 14—Designated licence conditions 25

20 New Schedule 20 inserted—Scallop Dive (Port Phillip Bay) Fishery Access Licence 26

SCHEDULE 20—Scallop Dive (Port Phillip Bay) Fishery Access Licence Management Zones, Exclusion Zones and Ports and Mooring Areas 26

PART 1—SCALLOP COMMERCIAL FISHING MANAGEMENT ZONES 26

PART 2—SCALLOP COMMERCIAL FISHING
EXCLUSION ZONES 27

PART 3—PORTS AND MOORING AREAS 28

Part 3—Other Amendments to the Fisheries Regulations2009 29

21 Definitions 29

22 Fishing equipment 30

23 Process for determination of compensation 30

24 Exemption from requirement to hold recreational fishing
licence 30

25 New Division 1 inserted in Part 4 31

Division 1—Traditional owner recognition permit 31

69A Creation of category of traditional owner recognition permit 31

69B Activities authorised by traditional owner recognition permit 31

69C Conditions of traditional owner recognition permit 32

69D Issue of traditional owner recognition permit 32

69E Offence to fail to comply with permit condition 33

26 New Division headings inserted in Part 4 33

27 Application of Division 1 of Part 6 34

28 Use and possession of recreational hoop nets or open top lift
nets 34

29 Tagging of nets 35

30 New regulation 91A inserted 35

91A Application of Division 35

31 Offence to possess dusky flathead other than whole or in the
form of a carcass 35

32 Offence to take or possess certain fish in berry 35

33 Application of Division 3 of Part 6 36

34 New regulation 117A inserted 36

117A Application of Division 36

35 Minimum size of fish taken 36

36 Catch limits 37

37 Certain commercial fishing equipment prohibited 37

38 Restrictions on use and possession of commercial fishing equipment 37

39 Revocation of regulation 216—Commonwealth fishing concession restriction 37

40 New regulation 234A inserted 37

234A Application of Division 37

41 Regulation 240 substituted 38

240 Application of Division 38

42 Catch limit for abalone 38

43 New regulation 319A inserted 38

319A Application of Division 38

44 Regulation 323 substituted 39

323 Application of Division 39

45 Catch limit for scallop 39

46 Exemption relating to stocking fish 39

47 Exemption relating to yabby pots 40

48 New regulation 459A inserted 41

459A Exemption relating to receipt of scallop for sale 41

49 Persons to whom confidential information may be given 42

50 Details for aquaculture production return 43

51 Schedule 3—Ports and mooring areas at which abalone may
be landed 43

52 Revocation of Schedule 10 43

53 Schedule 13—Ports and mooring areas at which rock lobster
and giant crab may be landed 43

Part 4—Amendment of the Fisheries (Fees, Royalties and Levies) Regulations2008 44

54 Principal Regulations 44

55 Levies on access licences 44

56 Application and transfer fees for commercial fishery access licences 44

57 Levies for access licences 44

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ENDNOTES 45

Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay

Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2013

S.R. No. 168/2013

statutory rules 2013

S.R. No. 168/2013

Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay

Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2013

S.R. No. 168/2013

Fisheries Act 1995

Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay

Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2013

S.R. No. 168/2013

Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2013

Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay

Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2013

S.R. No. 168/2013

The Governor in Council makes the following Regulations:

Dated: 17 December 2013

Responsible Minister:

PETER WALSH

Minister for Agriculture and Food Security

yvette carisbrooke

Clerk of the Executive Council

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are—

(a) to amend the Fisheries Regulations 2009—

(i) to provide for a commercial dive fishery for scallop in Port Phillip Bay; and

(ii) to provide for the issue of a permit to a traditional owner group entity with which a natural resource agreement within the meaning of the Traditional Owner Settlement Act 2010 is in force authorising fishing in accordance with the permit; and

(iii) to provide for an exemption in certain circumstances for a member of a traditional owner group from the requirement to hold a recreational fishing licence; and

(iv) to insert new offences, prohibitions, restrictions and exemptions relating to fishing activities; and

(v) to make miscellaneous amendments to those Regulations; and

(b) to make consequential amendments to the Fisheries (Fees, Royalties and Levies) Regulations 2008.

2 Authorising provisions

r. 2

These Regulations are made under section 153 of the Fisheries Act 1995.

3 Commencement

(1) These Regulations (except Part 4) come into operation on 18 December 2013.

(2) Part 4 comes into operation on 1 April 2014.

4 Principal Regulations

In Parts 2 and 3, the Fisheries Regulations 2009[1] are called the Principal Regulations.

______

Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay

5 Definitions

r. 5

(1) In regulation 5 of the Principal Regulations insert the following definitions—

"doughboy scallop means the aquatic mollusc of the species Chlamys asperrimus;

scallop means the aquatic mollusc of the species Pecten fumatus or Chlamys asperrimus;

scallop commercial fishing exclusion zone means an area shown hatched on a plan in Part 2 of Schedule 20;

scallop commercial fishing management zone means any of the zones numbered 1 to 6 shown on the plan in Part 1 of Schedule 20;

scallop dive catch disposal record means an individually numbered record in the form approved by the Secretary that is used to record information in relation to the movement of scallop from the place of scallop landing by the holder of a Scallop Dive (Port Phillip Bay) Fishery Access Licence as required under Division 3B of Part 11;

scallop dive catch disposal record book means a book containing scallop dive catch disposal records issued by the Secretary to the holder of a Scallop Dive (Port Phillip Bay) Fishery Access Licence;

scallop dive notification service means the internet application through which the holder of a Scallop Dive (Port Phillip) Fishery Access Licence may notify specified scallop dive details and scallop dive daily catch and effort records to the Secretary and includes any automated response system which captures the information notified;

scallop receipt means a receipt issued in respect of the sale of scallop by a person selling the scallop that contains the details required to be contained in the receipt referred to in regulation 413Z in respect of that scallop;

specified scallop dive details means—

(a) for the purposes of regulation 413D, the following details—

r. 5

(i) the number allocated by the Secretary to identify the Scallop Dive (Port Phillip Bay) Fishery Access Licence;

(ii) the registration number of the boat;

(iii) the port or mooring area specified in Part 3 of Schedule 20 from which the boat will leave;

(iv) the estimated date and time at which the boat will leave the port or mooring;

(v) the number of persons on the boat who will dive for scallop;

(vi) the scallop commercial fishing management zone in which fishing is to take place;

(b) for the purposes of regulation 413E, the following details—

(i) the number allocated by the Secretary to identify the Scallop Dive (Port Phillip Bay) Fishery Access Licence;

(ii) the port or mooring area specified in Part 3 of Schedule 20 that the boat will enter;

(iii) the date and estimated time at which the boat will enter the port or mooring area;

(iv) if scallop are to be landed, the date and estimated time at which landing of the scallop will commence;

(v) the estimated weight of scallop to be landed;

r. 5

(i) the number allocated by the Secretary to identify the Scallop Dive (Port Phillip Bay) Fishery Access Licence;

(ii) the total net weight (in kilograms) of unshucked scallop landed under the licence;

(iii) the scallop dive confirmation number provided to the licence holder when the specified scallop details in paragraph (b) were provided;

(iv) the estimated date and time when the scallop are to be moved from the place of landing;".

(2) In regulation 5 of the Principal Regulations—

(a) in paragraph (a) of the definition of catch and effort record book for "or a Scallop (Ocean) Fishery Access Licence)" substitute ", a Scallop (Ocean) Fishery Access Licence or a Scallop Dive (Port Phillip Bay) Fishery Access Licence)";

(b) for the definition of fisheries document substitute—

"fisheries document means—

(a) any of the following documents—

r. 5

(i) an abalone docket, abalone docket book, abalone transfer certificate or abalone transfer certificate book;

(ii) an aquaculture incoming stock record or aquaculture production return;

(iii) a bin tag, book of account, catch and effort record, catch and effort record book or coff register book;

(iv) a giant crab catch disposal record, giant crab catch disposal record book, giant crab daily catch record or giant crab daily catch record book;

(v) an ocean scallop catch disposal record or an ocean scallop catch disposal record book;

(vi) a rock lobster catch disposal record, rock lobster catch disposal record book, rock lobster coff register, rock lobster daily catch record or rock lobster daily catch record book;

(vii) a scallop dive catch disposal record or scallop dive catch disposal record book;

(viii) a scallop receivers return logbook;

(ix) a small sales return, small sales return book or a stock record; and

(b) any other document required to be completed, kept or maintained under the Act or the regulations under the Act; and

but does not include a copy of any document referred to in paragraph (a), (b) or(c);";

6 Classes of access licence

r. 6

After regulation 12(s) of the Principal Regulations insert—

"(sa) Scallop Dive (Port Phillip Bay) Fishery Access Licence;".

7 Classes of commercial fishery licences that are transferable

r. 7

After regulation 15(1)(l) of the Principal Regulations insert—

"(la) Scallop Dive (Port Phillip Bay) Fishery Access Licence;".

8 Classes of commercial fishery licence that may be held by a corporation

After regulation 16(1)(m) of the Principal Regulations insert—

"(ma) Scallop Dive (Port Phillip Bay) Fishery Access Licence;".

9 Classes of access licence where services of other person used

After regulation 18(2)(p) of the Principal Regulations insert—

"(pa) Scallop Dive (Port Phillip Bay) Fishery Access Licence;".

10 Errors made while completing certain fisheries documents

In regulation 41 of the Principal Regulations—

(a) in subregulation (1), after "ocean scallop catch disposal record," insert "a scallop dive catch disposal record,";