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Fisheries Amendment Regulations 2017S.R. No. 10/2017

TABLE OF PROVISIONSRegulation Page

Part 1—Preliminary 1

1 Objectives 12 Authorising provision 23 Commencement 24 Principal Regulations 2

Part 2—Amendments to licence conditions 3

Division 1—Gippsland Lakes Fishery Access Licence 3

5 Use of certain fishing nets or scallop dredge prohibited in certain waters 3

6 Activities authorised by a Gippsland Lakes Fishery Access Licence 3

7 Regulation 149 substituted 38 Use and possession of mesh nets 4

Division 2—Eel Fishery Access Licence 5

9 Regulation 141 substituted 5

Division 3—Gippsland Lakes (Bait) Fishery Access Licence 6

10 Regulation 167A inserted 6

Part 3—Transfer of Wrasse (Ocean) Fishery Access Licences 7

11 Classes of commercial fishery licences that are transferable 712 Classes of access licence where services of other person used 713 Regulation 234AA revoked 8

Part 4—Other amendments commencing 1 April 2017 9

14 Additional types of fishing equipment prescribed for the purposes of the Act 9

15 Eligibility criterion for issue, renewal or transfer of access licence 9

16 Taking of gemfish prohibited 917 Additional minimum sizes for commercial taking and

possession of fish 1018 Minimum sizes for abalone 10

1

19 Schedule 3—Ports and mooring areas at which abalone may be landed 12

20 Schedule 20—Scallop dive (Port Phillip Bay) Fishery Access Licence management zones, exclusion zones and ports and mooring areas 12

21 Schedule 23 inserted 12

Part 5—Amendments relating to the Traditional Owner Settlement Act 2010 25

22 Definitions 2523 Regulation 11A inserted 2524 Exemptions from requirement to hold recreational fishery

licence 2525 Revocation of Division 1 of Part 4 2626 Application of Division 1 of Part 6 2627 Regulation 91A revoked 2628 Revocation of regulation 103(2) 2629 Regulation 117A revoked 2630 Regulation 234A revoked 2631 Regulation 240 substituted 2632 Regulation 319A revoked 2733 Regulation 323 substituted 2734 Catch limit for scallop 2735 Regulation 417A substituted 27

Part 6—Amendments relating to the Victorian Fisheries Authority 28

36 Definitions 2837 Register of adjustment numbers 3238 Grounds on which Secretary must refuse to issue aquaculture

licence 3339 Application to transfer commercial fishery licences 3340 Ground for refusing the transfer of access licences 3341 Grounds for refusing the transfer of a Giant Crab Fishery

(Western Zone) Access Licence 3342 Individual quota units not to be transferred if levy on licence

has not been paid 3343 Individual abalone quota units not to be transferred if levy on

quota units not paid 3444 Process for voluntary surrender of commercial fishery licence 3445 Process for determination of compensation payable under

section 63 3446 Subdivision 5—Miscellaneous duties and powers of Secretary 3447 Matters that may be specified by Secretary in a commercial

fishery licence 3448 Secretary to specify licence number on Giant Crab Fishery

(Western Zone) Access Licence 3549 Secretary to publish address for return of cancelled documents 35

50 Secretary may give directions or authorisations relating to lost, stolen or damaged documents 35

51 Secretary may direct return of fisheries documents 3552 Activities authorised by every access licence 3653 Every commercial fishery licence subject to conditions in this

Subdivision 3654 Errors made while completing certain fisheries documents 3655 Lost or destroyed fisheries documents or copies 3656 Damaged fisheries documents and copies 3657 Theft of fisheries documents or copies 3658 Fisheries documents to be used in sequential numerical order 3759 Fisheries documents not to be lent, given or made available to

others 3760 Licence holder to retain all unused fisheries documents in

book issued 3761 Licence holder must return unused or partly used documents 3762 Licence holder to notify of change of name, address or

telephone number 3763 Fees, levies, royalties in respect of licences to be paid by due

date 3764 Levies and royalties in respect of individual quota units to be

paid by due date 3865 Every access licence subject to conditions in this Subdivision 3866 Completion of catch and effort records 3867 Definition 3868 Offence to fail to return unissued recreational fishery licences 3869 Registration of a boat used for fishing 3870 Renewal of registration of a boat 3971 Secretary to issue certificate of registration 3972 Duration of boat registration 3973 Transfer of registration of boat 3974 Offence to tag or mark fish 3975 Requirements on persons receiving fish for sale 3976 Bait (General) Fishery Access Licence subject to conditions in

this Division 4077 Corner Inlet Fishery Access Licence subject to conditions in

this Division 4078 Eel Fishery Access Licence subject to conditions in this

Division 4079 Secretary to be notified of setting and removal of fyke nets 4080 Gippsland Lakes Fishery Access Licence subject to conditions

in this Division 4081 Gippsland Lakes (Bait) Fishery Access Licence subject to

conditions in this Division 4182 Gippsland Lakes (Mussel Dive) Fishery Access Licence

subject to conditions in this Division 41

83 Lake Tyers (Bait) Fishery Access Licence subject to conditions in this Division 41

84 Mallacoota Lower Lake (Bait) Fishery Access Licence subject to conditions in this Division 41

85 Ocean Fishery Access Licence subject to conditions in this Division 41

86 Port Phillip Bay (Mussel Bait) Fishery Access Licence subject to conditions in this Division 42

87 Purse Seine (Ocean) Fishery Access Licence subject to conditions in this Division 42

88 Purse Seine (Port Phillip Bay) Fishery Access Licence subject to conditions in this Division 42

89 Notification of intention to take fish for sale 4290 Prior reporting of details before entering port or mooring area 4291 Fish must be landed at a specified place 4292 Boat not to enter port or mooring area and fish not to be

landed before estimated time 4393 Boat to enter port or mooring area and fish to be landed within

one hour after estimated time 4394 Secretary to confirm receipt of details to licence holder 4395 Requirement to complete catch and effort record 4396 Requirement to complete and keep catch disposal record 4397 Requirements for keeping fisheries documents and copies

relating to fish 4498 Annual catch limit and prohibitions on fishing when annual

catch limit has been reached 4499 Snowy River (Bait) Fishery Access Licence subject to

conditions in this Division 44100 Sydenham Inlet (Bait) Fishery Access Licence subject to

conditions in this Division 44101 Trawl (Inshore) Fishery Access Licence subject to conditions

in this Division 45102 Catch limit for bug 45103 Western Port/Port Phillip Bay Fishery Access Licence subject

to conditions in this Division 45104 Notification of intention to take fish for sale 45105 Prior reporting of details before entering port or mooring area 45106 Fish must be landed at a specified place 45107 Boat not to enter port or mooring area and fish not to be

landed before estimated time 46108 Boat to enter port or mooring area and fish to be landed within

one hour after estimated time 46109 Secretary to confirm receipt of details to licence holder 46110 Requirement to complete catch and effort record 46111 Requirement to complete and keep catch disposal record 46112 Requirements for keeping fisheries documents and copies

relating to fish 47

113 Annual catch limit and prohibitions on fishing when annual catch limit has been reached 47

114 Wrasse (Ocean) Fishery Access Licence subject to conditions in this Division 47

115 Offence to remove abalone from its packaging 47116 Abalone fishery access licences subject to conditions in this

Division 48117 Notification of specified abalone details to Secretary 48118 Duplicate and triplicate abalone docket to be affixed to bin 48119 Submission of original abalone docket to Secretary 48120 Fish Receivers' (Abalone) Licence subject to conditions in

Subdivisions 2, 3, 4, 5, 6 and 7 48121 Stock record to be provided to Secretary on request 49122 Abalone sold and possessed not to exceed recorded amounts 49123 Bins of abalone that are not properly sealed 49124 Incomplete or incorrect dockets 49125 Weighing and notification of specified abalone details to

Secretary 49126 Copies of abalone docket 49127 Secretary to be notified of incorrect abalone transfer certificate 50128 Weighing and notification of specified abalone details to

Secretary 50129 Copies of abalone transfer certificate 50130 Weighing and notification of specified abalone details to

Secretary 50131 Original and copies of abalone transfer certificate 50132 Requirements for sale or consignment of smaller quantities of

abalone 51133 Specified abalone details to be notified to Secretary 51134 Original and quadruplicate copy of abalone transfer certificate 51135 Secretary may request stock record or small sales return to be

completed 51136 Secretary to notify licence holders of telephone numbers to be

used 51137 Secretary to give abalone confirmation number to holder of

abalone fishery access licence 52138 Secretary to notify fish receivers of internet address and

telephone numbers to be used 52139 Secretary to give abalone confirmation number to holder of

Fish Receivers' (Abalone) Licence 52140 Offence to write on, use or possess certain fisheries documents

or copies 52141 Unused documents to be returned by former licence holders

within 48 hours 52142 Notification of nomination of licence holder by holder of

individual abalone quota unit 53

143 Rock lobster fishery access licence subject to conditions in this Division 53

144 Transfer of rock lobster at sea prohibited 53145 Requirement to complete rock lobster daily catch record book 53146 Prior reporting of rock lobster details before entering ports 53147 Further details to be provided to Secretary after initial

reporting under regulation 348 53148 Boat not to enter port and rock lobster not to be landed before

estimated time 54149 Boat to enter port and rock lobster to be landed within 1 hour

after estimated time 54150 Rock lobster to be landed in Victoria unless exempted 54151 Rock lobster must be landed at specified place 54152 Reporting of post-landing details concerning rock lobster to

Secretary 54153 Original rock lobster daily catch record to be sent to Secretary 54154 Requirements for keeping of fisheries documents and copies

relating to rock lobster 55155 Location of rock lobster catch disposal record book and daily

catch record book to be notified 55156 Secretary may allocate forfeited individual quota units in

respect of rock lobster by tender 55157 Secretary to notify licence holder of telephone numbers to be

used 55158 Secretary to give rock lobster confirmation number to rock

lobster fishery access licence holder 55159 Activities authorised by a Giant Crab Fishery (Western Zone)

Access Licence 56160 Giant Crab Fishery (Western Zone) Access Licence subject to

conditions in this Division 56161 Restrictions on numbers of rock lobster pots that may be used 56162 Requirement to complete giant crab daily catch record book 56163 Prior reporting of giant crab details before entering ports 56164 Further details to be provided to Secretary after initial

reporting under regulation 388 56165 Boat not to enter port and giant crab not to be landed before

estimated time 57166 Boat to enter port and giant crab to be landed within 1 hour of

after estimated time 57167 Giant crab to be landed in Victoria unless exempted 57168 Giant crab must be landed at specified place 57169 Notification of post-landing details concerning giant crab to

Secretary 57170 Original giant crab daily catch record to be sent to Secretary 58171 Requirements for keeping of fisheries documents and copies

relating to giant crab 58

172 Location of giant crab catch disposal record book and giant crab daily catch record book to be notified 58

173 Secretary may allocate forfeited individual quota units in respect of giant crab by tender 58

174 Secretary to notify licence holder of telephone numbers to be used 58

175 Secretary to give giant crab confirmation number to licence holder 59

176 Scallop (Ocean) Fishery Access Licence subject to conditions in this Division 59

177 Authorised activities 59178 Scallop Dive (Port Phillip Bay) Fishery Access Licence

subject to conditions in this Division 59179 Notification of intention to take scallop for sale 59180 Prior reporting of scallop details before entering port of

mooring 59181 Scallop must be landed at a specified place 60182 Boat not to enter port or mooring area and scallop not to be

landed before estimated time 60183 Boat to enter port or mooring area and scallop to be landed

within one hour after estimated time 60184 Scallop to be weighed after landing and information given to

the Secretary 60185 Scallop not to be moved before catch disposal record

completed 60186 Secretary to give scallop dive confirmation number to licence

holder 60187 Requirements for keeping fisheries documents and copies

relating to scallop dive 61188 Location of scallop dive catch disposal record book to be

notified 61189 Underwater breathing apparatus not to be used in certain parts

of Port Phillip Bay 61190 Vessel monitoring system 61191 Submission of annual report 61192 Secretary to notify licence holder of internet application to be

used 61193 Fish Receivers' (Scallop) Licence subject to conditions 62194 Completion and submission of returns 62195 Authorised activities 62196 Sea Urchin Fishery Access Licence subject to conditions in

this Division 62197 Notification of intention to take sea urchin for sale 62198 Prior reporting of sea urchin details before entering port of

mooring 62199 Sea urchin must be landed at a specified place 63

200 Boat not to enter port or mooring area and sea urchin not to be landed before estimated time 63

201 Boat to enter port or mooring area and sea urchin to be landed within one hour after estimated time 63

202 Sea urchin to be weighed after landing and information given to the Secretary 63

203 Sea urchin not to be moved before catch disposal record completed 63

204 Secretary to give sea urchin confirmation number to licence holder 63

205 Requirements for keeping fisheries documents and copies relating to sea urchin 64

206 Location of sea urchin catch disposal record book to be notified 64

207 Secretary to notify licence holder of internet application to be used 64

208 Every aquaculture licence subject to conditions in this Division 64

209 Completion of aquaculture production return 64210 Aquaculture licences relating to abalone subject to additional

conditions in this Division 65211 Crown land aquaculture licence subject to additional

conditions in this Division 65212 Additional condition on Aquaculture (Private Land—Indoor

Intensive) Licence 65213 Additional condition on Aquaculture (Private Land—Tourism)

Licence 65214 Exemption from offence in Act relating to stocking fish into

protected waters 65215 Secretary's obligations in relation to aquaculture production

returns 66216 Secretary may exempt licence holder from licence condition 66217 Vessel monitoring system installed on boat 66218 Secretary to be notified of installation of vessel monitoring

system 66219 Contact person on land to be nominated by responsible person 67220 Secretary to be notified of person to communicate with

Secretary and boat 67221 Boat not to be moved until notification that vessel monitoring

system operating correctly 67222 Fishing not to be carried out from boat with non-operational

system 67223 If required by Secretary password must be used 67224 Sealing of vessel monitoring system to be arranged 68225 Inspection of vessel monitoring system to be allowed 68226 Secretary may require password for, or inspection or sealing

of, vessel monitoring system 68

227 Offences to interfere with vessel monitoring system 68228 Secretary may approve documents, things and equipment 68

═════════════

Endnotes 69

STATUTORY RULES 2017

S.R. No. 10/2017

Fisheries Act 1995

Fisheries Amendment Regulations 2017

The Governor in Council makes the following Regulations:

Dated: 27 March 2017

Responsible Minister:

JAALA PULFORDMinister for Agriculture

MONICA BIRDActing Clerk of the Executive Council

Part 1—Preliminary1 Objectives

The objectives of these Regulations are to amend the Fisheries Regulations 2009—

(a) to amend licence conditions for the Gippsland Lakes Fishery Access Licence, Eel Fishery Access Licence and Gippsland Lakes (Bait) Fishery Access Licence; and

(b) to make Wrasse (Ocean) Fishery Access Licences transferable; and

(c) to reflect recent changes to the Traditional Owner Settlement Act 2010; and

(d) to reflect transfer of legislative responsibility to the Victorian Fisheries Authority; and

(e) to make other miscellaneous changes to the regulation of fisheries.

1

2 Authorising provision

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

3 Commencement

(1) These Regulations, except Parts 5 and 6 come into operation on 1 April 2017.

(2) Part 5 comes into operation on 1 May 2017.

(3) Part 6 comes into operation on 1 July 2017.

4 Principal Regulations

In these Regulations, the Fisheries Regulations 20091 are called the Principal Regulations.

Part 4—Other amendments commencing 1 April 2017


2

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

For regulation 110(1)(c) of the Principal Regulations substitute—

"(c) within 400 metres of the mouth of any other river, stream or creek that is not shown on a map in Schedule 23.".

6 Activities authorised by a Gippsland Lakes Fishery Access Licence

In regulation 147(a) of the Principal Regulations, after "abalone," insert "Australian Bass,".

7 Regulation 149 substituted

For regulation 149 of the Principal Regulations substitute—

"149 Use of certain commercial fishing equipment prohibited in certain places

(1) The licence holder must not use commercial fishing equipment—

(a) in any area shown hatched on the maps in Schedule 23; or

(b) in or on the waters of any lagoon (including Victoria Lagoon), backwater or watercourse connected with McLennan Straits.



3

(2) Despite subregulation (1) the licence holder may—

(a) use a seine net not exceeding 366 metres in length from the shore of Rigby Island; or

(b) use not more than 2 sandworm pumps within 400 metres of the channels or cuts in the most northern bank of the Mitchell River near Eagle Point which join the river and Jones Bay.

(3) The licence holder must not use any mesh net or stake net within 100 metres of any part of the low water mark between Shaving Point at Metung and 50 metres west of the mouth of Chinaman's Creek at Bancroft Bay." .

8 Use and possession of mesh nets

After regulation 152(2) of the Principal Regulations insert—

"(3) The licence holder must ensure that every mesh net used by the licence holder in the Gippsland Lakes is marked in the following manner—

(a) a spherical white surface float measuring not less than 250 millimetres in diameter is attached to each end of the net;

(b) spherical white surface floats measuring not less than 150 millimetres in diameter are attached along the length of the net not more than 100 metres apart.".



4

Division 2—Eel Fishery Access Licence9 Regulation 141 substituted


"141 Marking of fyke nets

(1) The licence holder must ensure that every fyke net, or fleet of fyke nets, used by the licence holder in the Gippsland Lakes—

(a) is attached to—

(i) an orange spherical surface float measuring not less than 250 millimetres in diameter, which is clearly marked with the licence number; or

(ii) an orange non-spherical surface float measuring not less than 250 millimetres in length with a width or diameter of not less than 150 millimetres, which is clearly marked with the licence number; or

(b) is marked using an alternative means that is specified in the licence under regulation 33.

(2) The licence holder must ensure that every fyke net, or fleet of fyke nets, used by the licence holder outside the Gippsland Lakes—

(a) is attached to—

(i) a spherical surface float measuring not less than 100 millimetres in diameter, which is clearly marked with the licence number; or



5

(ii) a non-spherical surface float measuring not less than 100 millimetres in length with a width or diameter of not less than 90 millimetres, which is clearly marked with the licence number; or

(b) is marked using an alternative means that is specified in the licence under regulation 33.".

Division 3—Gippsland Lakes (Bait)Fishery Access Licence

10 Regulation 167A inserted

After regulation 167 of the Principal Regulations insert—

"167A Marking of pots, traps and nets

The licence holder must ensure that every pot, trap and net used by the licence holder in the Gippsland Lakes is attached to—

(a) an orange spherical surface float measuring not less than 250 millimetres in diameter, which is clearly marked with the licence number; or

(b) an orange non-spherical surface float measuring not less than 250 millimetres in length with a width or diameter of not less than 150 millimetres, which is clearly marked with the licence number.".



6

Part 3—Transfer of Wrasse (Ocean) Fishery Access Licences

11 Classes of commercial fishery licences that are transferable

(1) In regulation 15(1)(p) of the Principal Regulations, for "Licence." substitute "Licence;".

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

"(q) subject to regulation 15(3), the Wrasse (Ocean) Fishery Access Licence.".

(3) After regulation 15(2) of the Principal Regulations insert—

"(3) A Wrasse (Ocean) Fishery Access Licence is not transferable unless the Minister has made a direction under section 61 of the Act in relation to the management of the Wrasse (Ocean) fishery.".

12 Classes of access licence where services of other person used

(1) In regulation 18(2)(s) of the Principal Regulations, for "Licence." substitute "Licence;".

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

"(t) subject to regulation 18(3), the Wrasse (Ocean) Fishery Access Licence.".


"(3) A Wrasse (Ocean) Fishery Access Licence is not specified for the purposes of section 39(2) of the Act unless the Minister has made a direction under section 61 of the



7

Act in relation to the management of the Wrasse (Ocean) fishery.".

13 Regulation 234AA revoked

Regulation 234AA of the Principal Regulations is revoked.



8


14 Additional types of fishing equipment prescribed for the purposes of the Act

(1) In regulation 6(3)(r) of the Principal Regulations, for "fish." substitute "fish;".

(2) After regulation 6(3)(r) of the Principal Regulations insert—

"(s) an electric fishing reel that has a hand cranking mechanism and is designed for attaching to a rod.".

15 Eligibility criterion for issue, renewal or transfer of access licence

In regulation 27 of the Principal Regulations, for "eligibilty" substitute "eligibility".

16 Taking of gemfish prohibited

(1) For regulation 117(1) of the Principal Regulations substitute—

"(1) For the purposes of section 67 of the Act and subject to subregulation (3), the taking of gemfish from Victorian waters is prohibited.".


"(3) A person may take up to 5 gemfish per day when the person is undertaking recreational fishing in accordance with the Act and these Regulations.".



9

17 Additional minimum sizes for commercial taking and possession of fish

For the Table at the foot of regulation 121 of the Principal Regulations substitute—

"Column 1Item

Column 2Species of fish

Column 3Minimum size

1 Bluethroat wrasse 28 cm

2 Dusky flathead 27 cm

3 Lakes Garfish (Hyporhamphus regularis)

20 cm

4 Ling 33 cm

5 Longfin pike and snook 36 cm

6 Mullet, goldspot and sand

22 cm

7 Mullet, sea 25 cm

8 Mullet, yellow eye 24 cm

9 Tailor 25 cm

".

18 Minimum sizes for abalone

For the Table at the foot of regulation 235(1) substitute—

"Column 1

Item

Column 2Species of abalone

Column 3

Waters

Column 4

Minimum size

1 Blacklip abalone

Victorian waters—(a) west of

longitude 142°30'35"E (mouth of Hopkins River)

13 cm



10

Column 1

Item

Column 2Species of abalone

Column 3

Waters

Column 4

Minimum size

(b) between longitude 142°30'35"E and longitude 143°58'30"E (mouth of Hopkins River to Lorne)

12 cm

(c) between longitude 143°58'30"E and longitude 147°58'30"E (Lorne to Lakes Entrance) except Port Phillip Bay

11 cm

(d) Port Phillip Bay

10 cm

(e) east of longitude 147°58'30"E (Lakes Entrance) except the Mallacoota Airport Area

12 cm

(f) Mallacoota Airport Area

11 cm

2 Greenlip abalone

Victorian waters (other than Port Phillip Bay)

13 cm

".



11

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

In Schedule 3 to the Principal Regulations, after "Pier 35" insert "Point Roadknight".

20 Schedule 20—Scallop dive (Port Phillip Bay) Fishery Access Licence management zones, exclusion zones and ports and mooring areas

(1) In Part 3 of Schedule 20 to the Principal Regulations, after "Point Richards Boat Ramp" insert "Portarlington Boat Ramp".

(2) In Part 3 of Schedule 20 to the Principal Regulations, after "Werribee South Boat Ramp" insert "Williamstown Boat Ramp".

21 Schedule 23 inserted

After Schedule 22 to the Principal Regulations, insert—



12

"Schedule 23—Areas in the Gippsland Lakes where use of commercial fishing by

Gippsland Lakes Fishery Access Licence holders is prohibited

Regulation 149(1)

Gippsland Lakes River Mouth Exclusions—Avon River–Perry River



13

Gippsland Lakes Exclusions—Lake Reeve



14

Gippsland Lakes River Mouth Exclusions—Latrobe River



15

Gippsland Lakes River Mouth Exclusions—Maringa Creek



16

Gippsland Lakes Exclusions—McLennan Straits



17

Gippsland Lakes River Mouth Exclusions—Mitchell River



18

Gippsland Lakes River Mouth Exclusions—Nicholson River and Mitchell River



19

Gippsland Lakes Exclusions—North Arm



20

Gippsland Lakes Exclusions—North Arm Plan B



21

Gippsland Lakes River Mouth Exclusions—Tambo River



22

Gippsland Lakes River Mouth Exclusions—Toms Creek



23



24

Gippsland Lakes River Mouth Exclusions—Tom Roberts Creek

".



25

Part 5—Amendments relating to the Traditional Owner Settlement Act 201022 Definitions

The definitions of natural resource agreement, traditional owner group, traditional owner group entity, traditional owner recognition permit and traditional purposes in regulation 5 of the Principal Regulations are revoked.

23 Regulation 11A inserted

After regulation 11 of the Principal Regulations insert—

"11A Application of these Regulations to traditional owners

In accordance with section 11AA of the Act, these Regulations do not apply to a traditional owner group entity within the meaning of the Traditional Owner Settlement Act 2010.

Note

See sections 11AA and 4(2) of the Act.".

24 Exemptions from requirement to hold recreational fishery licence

(1) Regulation 66(1A) of the Principal Regulations is revoked.


"(3) Subregulation (1A), as in force immediately before its revocation by the Fisheries Amendment Regulations 2017, continues to apply to a member of a traditional owner group in respect of which a natural resource agreement was entered into under the



26

Traditional Owner Settlement Act 2010, as in force immediately before that revocation.".

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

(1) In regulation 81(b) of the Principal Regulations, for "Regulations; or" substitute "Regulations.".

(2) Regulation 81(c) of the Principal Regulations is revoked.

27 Regulation 91A revoked

Regulation 91A of the Principal Regulations is revoked.

28 Revocation of regulation 103(2)

Regulation 103(2) of the Principal Regulations is revoked.







"240 Application of Division

This Division does not apply to the holder of an abalone fishery access licence, or a person acting on behalf of that licence holder, when carrying out any fishing activities authorised by the licence.".



27





"323 Application of Division

This Division does not apply to the holder of a rock lobster fishery access licence, or a person acting on behalf of that licence holder, when carrying out any fishing activities authorised by the licence.".

34 Catch limit for scallop

(1) In regulation 405(2)(c)(ii) of the Principal Regulations, for "Regulations; or" substitute "Regulations.".

(2) Regulation 405(2)(d) of the Principal Regulations is revoked.

35 Regulation 417A substituted

For regulation 417A of the Principal Regulations substitute—

"417A Application of Division

This Division does not apply to the holder of a Sea Urchin Fishery Access Licence, or a person acting on behalf of that licence holder, when carrying out any fishing activities authorised by the licence.".



28

Part 6—Amendments relating to the Victorian Fisheries Authority

36 Definitions

(1) In regulation 5 of the Principal Regulations—

(a) in the definition of abalone confirmation number, for "Secretary" substitute "Victorian Fisheries Authority";

(b) in the definition of abalone docket, for "Secretary" substitute "Victorian Fisheries Authority";

(c) in the definition of abalone docket book, for "Secretary" substitute "Victorian Fisheries Authority";

(d) in the definition of abalone internet notification service, for "Secretary" substitute "Victorian Fisheries Authority";

(e) in the definition of abalone telephone notification service, for "Secretary" substitute "Victorian Fisheries Authority";

(f) in the definition of abalone transfer certificate, for "Secretary" substitute "Victorian Fisheries Authority";

(g) in the definition of abalone transfer certificate book, for "Secretary" substitute "Victorian Fisheries Authority";

(h) in the definition of aquaculture production return, for "Secretary" substitute "Victorian Fisheries Authority";

(i) in the definition of bin tag, for "Secretary" substitute "Victorian Fisheries Authority";



29

(j) in the definition of catch and effort record, for "Secretary" substitute "Victorian Fisheries Authority";

(k) in the definition of catch and effort record book, for "Secretary" substitute "Victorian Fisheries Authority";

(l) in the definition of commercial abalone reef code, for "Secretary" substitute "Victorian Fisheries Authority";

(m) in the definition of fisheries document, after "Secretary" insert "or the Victorian Fisheries Authority";

(n) in the definition of giant crab catch disposal record, for "Secretary" substitute "Victorian Fisheries Authority";

(o) in the definition of giant crab catch disposal record book, for "Secretary" substitute "Victorian Fisheries Authority";

(p) in the definition of giant crab confirmation number, for "Secretary" substitute "Victorian Fisheries Authority";

(q) in the definition of giant crab daily catch record, for "Secretary" substitute "Victorian Fisheries Authority";

(r) in the definition of giant crab daily catch record book, for "Secretary" substitute "Victorian Fisheries Authority";

(s) in the definition of giant crab notification service, for "Secretary" substitute "Victorian Fisheries Authority";

(t) in the definition of ocean scallop catch disposal record, for "Secretary" substitute "Victorian Fisheries Authority";



30

(u) in the definition of ocean scallop catch disposal record book, for "Secretary" substitute "Victorian Fisheries Authority";

(v) in the definition of place of landing, for "Secretary" substitute "Victorian Fisheries Authority";

(w) in the definition of Port Phillip Bay/Western Port catch disposal record, for "Secretary" substitute "Victorian Fisheries Authority";

(x) in the definition of Port Phillip Bay/Western Port catch disposal record book, for "Secretary" substitute "Victorian Fisheries Authority";

(y) in the definition of Port Phillip Bay/Western Port notification service, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority";

(z) in the definition of rock lobster catch disposal record, for "Secretary" substitute "Victorian Fisheries Authority".


(a) in the definition of rock lobster catch disposal record book, for "Secretary" substitute "Victorian Fisheries Authority";

(b) in the definition of rock lobster coff register, for "Secretary" substitute "Victorian Fisheries Authority";

(c) in the definition of rock lobster coff register book, for "Secretary" substitute "Victorian Fisheries Authority";

(d) in the definition of rock lobster confirmation number, for "Secretary" substitute "Victorian Fisheries Authority";



31

(e) in the definition of rock lobster daily catch record, for "Secretary" substitute "Victorian Fisheries Authority";

(f) in the definition of rock lobster daily catch record book, for "Secretary" substitute "Victorian Fisheries Authority";

(g) in the definition of rock lobster notification service, for "Secretary" substitute "Victorian Fisheries Authority";

(h) in the definition of scallop dive catch disposal record, for "Secretary" substitute "Victorian Fisheries Authority";

(i) in the definition of scallop dive catch disposal record book, for "Secretary" substitute "Victorian Fisheries Authority";

(j) in the definition of scallop dive notification service, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority";

(k) in the definition of scallop receiver return, for "Secretary" substitute "Victorian Fisheries Authority";

(l) in the definition of scallop receiver return logbook, for "Secretary" substitute "Victorian Fisheries Authority";

(m) in the definition of sea urchin catch disposal record, for "Secretary" substitute "Victorian Fisheries Authority";

(n) in the definition of sea urchin catch disposal record book, for "Secretary" substitute "Victorian Fisheries Authority";

(o) in the definition of sea urchin notification service, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority";



32

(p) in the definition of small sales return, for "Secretary" substitute "Victorian Fisheries Authority";

(q) in the definition of small sales return book, for "Secretary" substitute "Victorian Fisheries Authority";

(r) in the definition of specified abalone details, for "Secretary" substitute "Victorian Fisheries Authority";

(s) in the definition of specified giant crab details, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority";

(t) in the definition of specified Port Phillip Bay/Western Port details, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority";

(u) in the definition of specified rock lobster details, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority";

(v) in the definition of specified scallop dive details, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority";

(w) in the definition of specified sea urchin details, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority";

(x) in the definition of trader identification number, for "Secretary" substitute "Victorian Fisheries Authority".

37 Register of adjustment numbers

In regulation 22(1) and (2) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".



33

38 Grounds on which Secretary must refuse to issue aquaculture licence

(1) In the heading to regulation 23 of thePrincipal Regulations, for "Secretary"substitute "Victorian Fisheries Authority".

(2) In regulation 23 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

39 Application to transfer commercial fishery licences

In regulation 24 of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

40 Ground for refusing the transfer of access licences

In regulation 25 of the Principal Regulations—

(a) for "Secretary" substitute "Victorian Fisheries Authority";

(b) for "in his or her opinion" substitute "in the opinion of the Victorian Fisheries Authority".

41 Grounds for refusing the transfer of a Giant Crab Fishery (Western Zone) Access Licence

In regulation 26 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

42 Individual quota units not to be transferred if levy on licence has not been paid




34

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

In regulation 30(1) and (2) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

45 Process for determination of compensation payable under section 63

In regulation 31(2) and (3) of the Principal Regulations, after "Secretary" insert "or the Victorian Fisheries Authority".

46 Subdivision 5—Miscellaneous duties and powers of Secretary

In the heading to Subdivision 5 of Division 2 of Part 2 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

47 Matters that may be specified by Secretary in a commercial fishery licence





35

(3) In the note at the foot of regulation 33 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

48 Secretary to specify licence number on Giant Crab Fishery (Western Zone) Access Licence



49 Secretary to publish address for return of cancelled documents

(1) In the heading to regulation 35 of the Principal Regulations, for "Secretary"substitute "Victorian Fisheries Authority".


(a) for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority";

(b) for "the Department's internet site" substitute "the Victorian Fisheries Authority's Internet site".

50 Secretary may give directions or authorisations relating to lost, stolen or damaged documents


(2) In regulation 36(1) and (2) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

51 Secretary may direct return of fisheries documents



36


(2) In regulation 37 of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

52 Activities authorised by every access licence

In the note at the foot of regulation 37A of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

53 Every commercial fishery licence subject to conditions in this Subdivision

In the notes at the foot of regulation 38 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".

54 Errors made while completing certain fisheries documents


55 Lost or destroyed fisheries documents or copies

In regulation 42(1), (2) and (3) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

56 Damaged fisheries documents and copies


57 Theft of fisheries documents or copies




37

58 Fisheries documents to be used in sequential numerical order


59 Fisheries documents not to be lent, given or made available to others

In regulation 47 of the Principal Regulations, after "Secretary" (where twice occurring) insert"or Victorian Fisheries Authority".

60 Licence holder to retain all unused fisheries documents in book issued

In regulation 48 of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

61 Licence holder must return unused or partly used documents

In regulation 49 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".

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




38

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

In regulation 59(1), (3), (6) and (7) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

67 Definition

In regulation 67B of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

68 Offence to fail to return unissued recreational fishery licences

In regulation 69AA(1) of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".

69 Registration of a boat used for fishing




39

70 Renewal of registration of a boat


71 Secretary to issue certificate of registration



72 Duration of boat registration

In regulation 75(2) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

73 Transfer of registration of boat

(1) In regulation 79(1), (2) and (3) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

(2) In regulation 79(2)(a) of the Principal Regulations, for "he or she" substitute "the Victorian Fisheries Authority".

74 Offence to tag or mark fish

In regulation 100(2)(c) of the Principal Regulations, after "Secretary" insert "or the Victorian Fisheries Authority".

75 Requirements on persons receiving fish for sale

In regulation 116B(a) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".



40

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




41

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




42

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

In regulation 198A(1) and (2) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

90 Prior reporting of details before entering port or mooring area

In regulation 198B(1), (2) and (3) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

91 Fish must be landed at a specified place

In regulation 198C of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".



43

92 Boat not to enter port or mooring area and fish not to be landed before estimated time

In regulation 198D(1) and (2) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

93 Boat to enter port or mooring area and fish to be landed within one hour after estimated time

In regulation 198E(1), (2) and (3) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

94 Secretary to confirm receipt of details to licence holder

(1) In the heading to regulation 198F of thePrincipal Regulations, for "Secretary"substitute "Victorian Fisheries Authority".

(2) In regulation 198F(1), (2) and (3) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

95 Requirement to complete catch and effort record

(1) In regulation 198G(1) and (3) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

(2) In the note at the foot of regulation 198G(3) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

96 Requirement to complete and keep catch disposal record

In regulation 198I(a) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".



44

97 Requirements for keeping fisheries documents and copies relating to fish

In regulation 198J(1) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

98 Annual catch limit and prohibitions on fishing when annual catch limit has been reached

In regulation 201A(3) of the Principal Regulations—

(a) in the definition of relevant catch period, for "Secretary" substitute "Victorian Fisheries Authority";

(b) for the definition of records held by the Secretary substitute—

"records held by the Victorian Fisheries Authority means the record of catch history as recorded in the Integrated Catch and Effort System maintained by the Victorian Fisheries Authority.".

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




45

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

In regulation 219A(1) and (2) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

105 Prior reporting of details before entering port or mooring area

In regulation 219B(1), (2) and (3) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

106 Fish must be landed at a specified place

In regulation 219C of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".



46

107 Boat not to enter port or mooring area and fish not to be landed before estimated time

In regulation 219D(1) and (2) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

108 Boat to enter port or mooring area and fish to be landed within one hour after estimated time

In regulation 219E(1), (2) and (3) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

109 Secretary to confirm receipt of details to licence holder

(1) In the heading to regulation 219F of thePrincipal Regulations, for "Secretary"substitute "Victorian Fisheries Authority".

(2) In regulation 219F(1), (2) and (3) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

110 Requirement to complete catch and effort record

(1) In regulation 219G(1) and (3) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

(2) In the note at the foot of regulation 219G of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

111 Requirement to complete and keep catch disposal record

In regulation 219I(a) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".



47

112 Requirements for keeping fisheries documents and copies relating to fish

In regulation 219J(1) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

113 Annual catch limit and prohibitions on fishing when annual catch limit has been reached

In regulation 219K(3) of the Principal Regulations—

(a) in the definition of relevant catch period, for "Secretary" substitute "Victorian Fisheries Authority";

(b) for the definition of records held by the Secretary substitute—

"records held by the Victorian Fisheries Authority means the record of catch history as recorded in the Integrated Catch and Effort System maintained by the Victorian Fisheries Authority.".

114 Wrasse (Ocean) Fishery Access Licence subject to conditions in this Division


115 Offence to remove abalone from its packaging




48

116 Abalone fishery access licences subject to conditions in this Division


117 Notification of specified abalone details to Secretary

(1) In the heading to regulation 263 of thePrincipal Regulations, for "Secretary" substitute "the Victorian Fisheries Authority".

(2) In regulation 263(1) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

118 Duplicate and triplicate abalone docket to be affixed to bin

In regulation 264(a) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

119 Submission of original abalone docket to Secretary

(1) In the heading to regulation 267 of thePrincipal Regulations, for "Secretary"substitute "the Victorian Fisheries Authority".


120 Fish Receivers' (Abalone) Licence subject to conditions in Subdivisions 2, 3, 4, 5, 6 and 7




49

121 Stock record to be provided to Secretary on request


(2) In regulation 273 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".

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

(1) In the heading to regulation 281 of the Principal Regulations, for "Secretary"substitute "the Victorian Fisheries Authority".


126 Copies of abalone docket




50

127 Secretary to be notified of incorrect abalone transfer certificate






129 Copies of abalone transfer certificate





131 Original and copies of abalone transfer certificate




51

132 Requirements for sale or consignment of smaller quantities of abalone

In regulation 294(2)(b) and (3) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

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





52

137 Secretary to give abalone confirmation number to holder of abalone fishery access licence


(2) In regulation 304(1), (2) and (3) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

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




53

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

In regulation 348(1), (2), (3), (4) and (5) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

147 Further details to be provided to Secretary after initial reporting under regulation 348

(1) In the heading to regulation 349 of the Principal Regulations, for "Secretary" substitute "the Victorian Fisheries Authority".




54

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

In regulation 352(2) of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".

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




55

(2) In regulation 356(1) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

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


(2) In regulation 359(2) of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".

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




56


159 Activities authorised by a Giant Crab Fishery (Western Zone) Access Licence

In regulation 373(2), (3) and (4) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

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

In regulation 377(1)(b) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

162 Requirement to complete giant crab daily catch record book


163 Prior reporting of giant crab details before entering ports

In regulation 388(1), (2), (3) and (4) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

164 Further details to be provided to Secretary after initial reporting under regulation 388




57


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

In regulation 392(2) of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".

168 Giant crab must be landed at specified place


169 Notification of post-landing details concerning giant crab to Secretary





58

170 Original giant crab daily catch record to be sent to Secretary


(2) In regulation 396(1) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

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


(2) In regulation 399(2) of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".

174 Secretary to notify licence holder of telephone numbers to be used





59

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

In regulation 413A(b) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

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

In the notes at the foot of regulation 413B of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".

179 Notification of intention to take scallop for sale

In regulation 413D(1) and (2) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

180 Prior reporting of scallop details before entering port of mooring

In regulation 413E(1), (2) and (3) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".



60

181 Scallop must be landed at a specified place

In regulation 413F(1) and (2)(b) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

182 Boat not to enter port or mooring area and scallop not to be landed before estimated time

In regulation 413G(1) and (2)(b) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

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

In regulation 413H(1), (2) and (3) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

184 Scallop to be weighed after landing and information given to the Secretary

(1) In the heading to regulation 413I of thePrincipal Regulations, for "Secretary"substitute "Victorian Fisheries Authority".

(2) In regulation 413I(1) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

185 Scallop not to be moved before catch disposal record completed

In regulation 413J(a) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

186 Secretary to give scallop dive confirmation number to licence holder

(1) In the heading to regulation 413K of thePrincipal Regulations, for "Secretary"substitute "Victorian Fisheries Authority".



61

(2) In regulation 413K(1), (2) and (3) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

187 Requirements for keeping fisheries documents and copies relating to scallop dive

In regulation 413L(1) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

188 Location of scallop dive catch disposal record book to be notified

In regulation 413M of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

189 Underwater breathing apparatus not to be used in certain parts of Port Phillip Bay

In regulation 413U of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

190 Vessel monitoring system

In regulation 413V(1) of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".

191 Submission of annual report

In regulation 413X(1) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

192 Secretary to notify licence holder of internet application to be used

(1) In the heading to regulation 413Y of thePrincipal Regulations, for "Secretary"substitute "Victorian Fisheries Authority".



62

(2) In regulation 413Y of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

193 Fish Receivers' (Scallop) Licence subject to conditions


194 Completion and submission of returns


195 Authorised activities

In regulation 417C(b) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

196 Sea Urchin Fishery Access Licence subject to conditions in this Division

In the notes at the foot of regulation 417D of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".

197 Notification of intention to take sea urchin for sale

In regulation 417E(1) and (2) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

198 Prior reporting of sea urchin details before entering port of mooring

In regulation 417F(1), (2) and (3) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".



63

199 Sea urchin must be landed at a specified place

In regulation 417G of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".

200 Boat not to enter port or mooring area and sea urchin not to be landed before estimated time

In regulation 417H(1) and (2) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

201 Boat to enter port or mooring area and sea urchin to be landed within one hour after estimated time

In regulation 417I(1), (2) and (3) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

202 Sea urchin to be weighed after landing and information given to the Secretary

(1) In the heading to regulation 417J of thePrincipal Regulations, for "Secretary"substitute "Victorian Fisheries Authority".

(2) In regulation 417J(1) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

203 Sea urchin not to be moved before catch disposal record completed

In regulation 417K(a) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

204 Secretary to give sea urchin confirmation number to licence holder

(1) In the heading to regulation 417L of thePrincipal Regulations, for "Secretary"substitute "Victorian Fisheries Authority".



64

(2) In regulation 417L(1), (2) and (3) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

205 Requirements for keeping fisheries documents and copies relating to sea urchin

In regulation 417M(1) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

206 Location of sea urchin catch disposal record book to be notified

In regulation 417N of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

207 Secretary to notify licence holder of internet application to be used

(1) In the heading to regulation 417R of thePrincipal Regulations, for "Secretary"substitute "Victorian Fisheries Authority".

(2) In regulation 417R of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

208 Every aquaculture licence subject to conditions in this Division


209 Completion of aquaculture production return




65

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

In regulation 453(1), (2), (3), (3A), (4) and (5) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".



66

215 Secretary's obligations in relation to aquaculture production returns

(1) For the heading to regulation 454 of the Principal Regulations substitute "Obligations of Victorian Fisheries Authority regarding aquaculture production returns".


216 Secretary may exempt licence holder from licence condition


(2) In regulation 460(1), (2), (3), (4) and (5) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".

217 Vessel monitoring system installed on boat


218 Secretary to be notified of installation of vessel monitoring system





67

219 Contact person on land to be nominated by responsible person


220 Secretary to be notified of person to communicate with Secretary and boat

(1) For the heading to regulation 471 of the Principal Regulations substitute "Victorian Fisheries Authority to be notified of details relating to person nominated under regulation 470".


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


(2) In regulation 474(2) of the Principal Regulations, for "he or she" substitute "the Victorian Fisheries Authority".

223 If required by Secretary password must be used





68

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

(1) In the heading to regulation 478 of thePrincipal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".


227 Offences to interfere with vessel monitoring system


228 Secretary may approve documents, things and equipment

(1) In the heading to regulation 481 of the Principal Regulations, after "Secretary" insert "or Victorian Fisheries Authority".

(2) In regulation 481 of the Principal Regulations, after "Secretary" insert "or the Victorian Fisheries Authority".

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69

Endnotes

Endnotes


70

1 Reg. 4: S.R. No. 2/2009. Reprint No. 1 as at 11 October 2013. Reprinted to S.R. No. 18/2013. Subsequently amended by S.R. Nos 168/2013, 5/2014, 96/2014, 10/2016, 71/2016 and 95/2016.

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