Fisheries (Recreational Abalone) Regulations 2005

Fisheries (Recreational Abalone) Regulations 2005

S.R. No. 103/2005

table of provisions

RegulationPage

RegulationPage

1.Objectives

2.Authorising provision

3.Commencement

4.Amendments to conditions of Abalone Fishery Access
Licences

5.Amendments to conditions of Fish Receivers' (Abalone)
Licences

6.Amendments to catch limits for recreational abalone fishing

7.Closed seasons

8.Taking of greenlip abalone from Port Phillip Bay prohibited

9.Amendments to restrictions on shucking of abalone

10.Removal of requirement to cut abalone meat

11.Miscellaneous amendments

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Fisheries (Recreational Abalone) Regulations 2005

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S.R. No. 103/2005

Fisheries (Recreational Abalone) Regulations 2005

The Governor in Council makes the following Regulations:

Dated: 30 August 2005

Responsible Minister:

BOB CAMERON

Minister for Agriculture

ruth leach

Clerk of the Executive Council

1.Objectives

The objectives of these Regulations are to amend the Fisheries Regulations 1998 to—

(a)reduce the catch limits for recreational abalone fishing in specified Victorian waters; and

(b)close recreational abalone fishing in specified Victorian waters apart from a period specified by fisheries notice; and

(c)prohibit the taking of greenlip abalone in Port Phillip Bay; and

(d)remove the requirement to cut the meat of recreationally caught abalone; and

(e)revoke provisions limiting the possession of recreationally caught abalone for persons in vehicles or boats; and

(f)make miscellaneous amendments to the conditions of commercial abalone licences; and

(g)make other miscellaneous amendments.

2.Authorising provision

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

3.Commencement

These Regulations come into operation on 1 September 2005.

4.Amendments to conditions of Abalone Fishery Access Licences

In regulation 303(3) of the Fisheries Regulations 1998[1]—

(a)in paragraph (z), after "are retained by him or her" insert ", subject to paragraph (zaa)";

(b)after paragraph (z) insert—

"(zaa)that he, she or any person acting under the licence must return to an address specified by the Secretary the documents referred to in paragraph (z) specified by the Secretary; and".

5.Amendments to conditions of Fish Receivers' (Abalone) Licences

In regulation 330 of the Fisheries Regulations 1998—

(a)after paragraph (b)(ii) insert—

"(iii)maintain a facsimile machine on the licensed premises and, to the extent that is reasonably possible, ensure that the facsimile machine is in working order at all times and connected to an operating telephone service; and

(iv)provide the Secretary with the telephone number connected to the facsimile machine referred to in sub paragraph (iii); and";

(b)in paragraph (g), after "premises" insert ", subject to paragraph (ga)";

(c)after paragraph (g) insert—

"(ga)must ensure that he, she or any person acting under the licence return to an address specified by the Secretary the documents referred to in paragraph (g) specified by the Secretary; and".

6.Amendments to catch limits for recreational abalone fishing

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(1)In the Table in regulation 503(1) of the Fisheries Regulations 1998, omit the items relating to "Abalone" and "Greenlip abalone".

(2)Regulation 503(2) of the Fisheries Regulations 1998 is revoked.

(3)In the Table in regulation 503(3) of the Fisheries Regulations 1998, before the item relating to "Australian bass" insert—

(4)After regulation 503(3A) of the Fisheries Regulations 1998 insert—

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'(3B) For the purposes of the Table in sub-regulation (3) "central Victorian waters" means the marine waters between longitude 143° 27' 36" East (mouth of the Aire River) and 145° 53' 35" East, 38° 50' 19" South (north-western part of Arch Rock) where the eastern boundary is a line running due west from the most north-western part of Arch Rock to the seaward limit of State waters.

(3C)For the purposes of section 68A of the Act, the catch limit with respect to the possession of abalone anywhere in Victoria, other than in, on or next to central Victorian waters, is 10 abalone (of which no more than 2 may be greenlip abalone).'.

(5)In regulation 503(4) of the Fisheries Regulations 1998, for "Sub-regulations (1), (2), (3) and (6)" substitute "Sub-regulations (1), (3) and (3C)".

(6)In regulation 503(5) of the Fisheries Regulations 1998, for "Sub-regulations (2) and (6) do not" substitute "Sub-regulation (3C) does not".

(7)Regulations 503(6), 503(7) and 503(8) of the Fisheries Regulations 1998 are revoked.

7.Closed seasons

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For regulations 506(1) and 506(2) of the Fisheries Regulations 1998 substitute—

'(1) For the purposes of section 67 of the Act, the closed season for fish of the species specified in column 1 of the Table below in the waters specified in column 2 of the Table, is specified in column 3 of the Table opposite that species of fish.

Table

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(1A)For the purposes of the Table in sub-regulation (1) "central Victorian waters" has the same meaning as it has in regulation 503(3B).

(2)The taking or possession of fish of the species specified in column 1 of the Table in sub-regulation (1) from the waters specified in column 2 of that Table by a person specified in column 4 of that Table during the closed season for fish of that species is prohibited.'.

8.Taking of greenlip abalone from Port Phillip Bay prohibited

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For regulation 510(3) of the Fisheries Regulations 1998 substitute—

"(3)The taking of greenlip abalone from the waters of Port Phillip Bay is prohibited.".

9.Amendments to restrictions on shucking of abalone

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(1)After regulation 522(2) of the Fisheries Regulations 1998 insert—

"(2A) A person who takes or possesses abalone must retain the abalone meat in its shell until before cooking or until that abalone has been taken to the person's ordinary place of residence.

Penalty: 20 penalty units.".

(2)In regulation 522(3) of the Fisheries Regulations 1998, for "Sub-regulations (1) and (2)" substitute "Sub-regulations (1), (2) and (2A)".

10.Removal of requirement to cut abalone meat

Regulations 538 and 539 of the Fisheries Regulations 1998 are revoked.

11.Miscellaneous amendments

(1)In regulations 328(1)(d)(iii), 328(2)(b)(iii) and 329(d)(iii) of the Fisheries Regulations 1998, for "the certificate" substitute "the abalone transfer certificate".

(2)In regulation 526 of the Fisheries Regulations 1998 omit "yabby pot," (wherever occurring).

(3)In regulation 627(2) of the Fisheries Regulations 1998, for ", a Fish Receivers' (Abalone) Licence and Fish Receivers' (Abalone Storer) Licence" substitute "and a Fish Receivers' (Abalone) Licence".

(4)In regulation 636(a)(ii) of the Fisheries Regulations 1998, for "Parts B and C have" substitute "Part B has".

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Endnotes

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[1] Reg. 4: S.R. No. 23/1998. Reprint No. 5 as at 1 April 2005. Reprinted to S.R. No. 9/2005 and subsequently amended by S.R. No. 86/2005.