fisheries amendment regulations 2013 - …file/13-018sr.docx · web viewocpc-vic, word 2007,...

Fisheries Amendment Regulations 2013S.R. No. 18/2013

TABLE OF PROVISIONS

Regulation Page

1 Objectives 12 Authorising provision 23 Commencement 24 Principal Regulations 25 Definitions 26 New regulation 58A inserted 2

58A Taking of fish in a recreational reef zone prohibited 27 Regulation 64 substituted 3

64 Marking of equipment 38 New regulation 71A inserted 4

71A Conditions of a permit 49 Use of recreational bait net not permitted in certain waters 410 Offences to possess certain fish other than whole or in the

form of a carcass 411 Offences relating to marine invertebrates in Port Phillip Bay 512 New regulation 102A inserted 5

102A Offence to use as bait or release live European green shore crab 5

13 Use of commercial fishing equipment or commercial abalone equipment prohibited in certain waters 6

14 Minimum sizes 615 Catch limits 616 New Schedule 19 16

SCHEDULE 19—Recreational Reef Zones 16

═══════════════ENDNOTES 18

1

STATUTORY RULES 2013

S.R. No. 18/2013

Fisheries Act 1995

Fisheries Amendment Regulations 2013

The Governor in Council makes the following Regulations:

Dated: 12 February 2013

Responsible Minister:

PETER WALSHMinister for Agriculture and Food Security

MATTHEW McBEATHClerk of the Executive Council

1 Objectives

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

(a) to describe areas of marine waters to be known as recreational reef zones and to prohibit commercial fishing and use of certain commercial fishing equipment in those zones; and

(b) to prohibit the use of recreational bait nets in Tamboon and Sydenham Inlets; and

(c) to insert offences relating to European green shore crabs; and

(d) to make amendments to other offences; and

(e) to alter the daily catch limits for certain species of fish; and

(f) to make minor miscellaneous amendments.

1

2 Authorising provision

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

3 Commencement

(1) These Regulations (except regulation 7) come into operation on 1 March 2013.

(2) Regulation 7 comes into operation on 1 June 2013.

4 Principal Regulations

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

5 Definitions

In regulation 5 of the Principal Regulations insert the following definitions—

"Cape Liptrap Coastal Park means the areas of land described in Part 15 of Schedule 3 to the National Parks Act 1975;

recreational reef zone means any area of marine waters specified in Column 1 of the Table in Schedule 19, being the area specified by the latitude and longitude measurements set out in Columns 3 and 4 of the Table corresponding to that zone;".

6 New regulation 58A inserted

After regulation 58 of the Principal Regulations insert—

"58A Taking of fish in a recreational reef zone prohibited

The licence holder must not take or attempt to take any fish in a recreational reef zone.".

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7 Regulation 64 substituted

For regulation 64 of the Principal Regulations substitute—

"64 Marking of equipment

(1) The licence holder must ensure that any of the following equipment that is used by him or her is attached to a surface buoy, flag, stake or other object that is clearly, legibly and accurately marked with the number of his or her access licence—

(a) any trap, crab pot, longline, commercial hoop net or mesh net;

(b) any fleet or line of mesh nets, commercial hoop nets or pots;

(c) any cage or coff used for the purpose of holding fish.

(2) The licence holder must ensure that any rock lobster pot used by him or her is attached to a surface buoy or flag that is marked with the registration number of the boat used in the setting of that equipment.

(3) The licence holder must ensure that equipment referred to in subregulation (1) or (2) does not contain any markings other than the number of his or her access licence or boat registration number, as appropriate.

(4) The licence holder must ensure that any yabby pot used by him or her is attached to a surface buoy that is marked with his or her access licence number.

(5) The licence holder must ensure that any fleet or line of octopus traps set by him or her is

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attached to a surface buoy that is marked with his or her access licence number.".



"71A Conditions of a permit

(1) For the purposes of section 52(1)(b) of the Act, the following provisions in this section set out the conditions to which every permit is subject.

(2) The permit holder must not take or attempt to take any fish in a recreational reef zone unless—

(a) the permit authorises the taking of fish in that zone; and

(b) the permit holder, or a person acting on behalf of the holder, is acting in accordance with the permit, the Act and these Regulations.".

9 Use of recreational bait net not permitted in certain waters

(1) In regulation 85(1)(d) of the Principal Regulations, for "Tyers." substitute "Tyers;".

(2) After regulation 85(1)(d) of the Principal Regulations insert—

"(e) Tamboon Inlet;

(f) Sydenham Inlet.".

10 Offences to possess certain fish other than whole or in the form of a carcass

(1) In regulation 93(4) of the Principal Regulations, after "whiting" insert ", tuna".

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(2) After regulation 93(5) of the Principal Regulations insert—

"(6) In this regulation tuna means the species of the scombrid genus Thunnus, including albacore, southern bluefin, yellowfin and big eye.".

11 Offences relating to marine invertebrates in Port Phillip Bay

In regulation 96(1) of the Principal Regulations, for "bass yabby" substitute "burrowing shrimp (including Bass yabby)".



"102A Offence to use as bait or release live European green shore crab

(1) A person must not use live European green shore crab as bait in or on any Victorian waters.

Penalty: 20 penalty units.

(2) A person must not release live European green shore crab into or next to any Victorian waters.

Penalty: 20 penalty units.

(3) A person does not commit an offence under subregulation (2) if the person has taken the European green shore crab from those waters and immediately releases the crab into those waters.".

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13 Use of commercial fishing equipment or commercial abalone equipment prohibited in certain waters

(1) In regulation 111(e) of the Principal Regulations, for "(d)." substitute "(d);".

(2) After regulation 111(e) of the Principal Regulations insert—

"(f) in a recreational reef zone.".

14 Minimum sizes

In the Table in regulation 118(1) of the Principal Regulations, in column 3 of item 20, for "23" substitute "20".

15 Catch limits

For the Table at the foot of regulation 124(1) of the Principal Regulations substitute—

"Table

Column 1

Item

Column 2

Species of fish

Column 3

Waters

Column 4Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified)

1 Albacore (including skipjack tuna)

All Victorian waters

5

2 Anchovy, pilchard and other clupeoids


40

3 Australian bass (a) All Victorian waters except Lake Bullen Merri

2

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(b) Lake Bullen Merri

5

Column 1

Item

Column 2

Species of fish

Column 3

Waters


4 Australian salmon and Australian herring (tommy ruff)


A total of 20 fish (of one species or a combination of both species)

5 Barracouta All Victorian waters

20

6 Black cod All Victorian waters

0

7 Blue groper All Victorian waters

0

8 Bluethroat wrasse


5

9 Boarfish (all species)


1

10 Bream (all species)


10

11 Common spotted galaxias, flathead galaxias, mountain galaxias, broad-finned galaxias and Australian smelt


40 (of one species or a combination of all species)

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12 Crabs (all species except giant crab and European green shore crab)


30 crabs or 1 litre of whole or parts of crabs

Column 1

Item

Column 2

Species of fish

Column 3

Waters


13 Eel, longfin and Southern shortfin (long and short finned)


10

14 Elephantfish All Victorian waters

1

15 Estuary perch (and Australian bass and hybrids)


A total of 5 fish (of which no more than 2 may be Australian bass)

16 European green shore crab


No limit

17 Flathead (all species except dusky flathead and flathead gudgeon)


20

18 Flathead, dusky All Victorian waters

5 (of which no more than 1 fish may be equal to or exceed 60 cm in length)

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19 Flathead gudgeon


40

20 Flounder (all species)


20

Column 1

Item

Column 2

Species of fish

Column 3

Waters


21 Freshwater catfish

(a) Inland waters within the Wimmera Basin

2

(b) All other inland waters

0

22 Garfish (all species)


40

23 Glenelg spiny freshwater crayfish


0

24 Golden perch (a) Rivers and streams of inland waters

5

(b) Lakes and impound-ments of inland waters

10

25 Gurnard (all species)


10

26 Hardyhead All Victorian waters

40

27 King George whiting


20

28 Leatherjacket (all species)


20

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29 Ling (all species)


5

30 Longfin pike and snook


10

Column 1

Item

Column 2

Species of fish

Column 3

Waters


31 Luderick All Victorian waters

10

32 Mackerel (all species other than yellowtail scad)


40

33 Macquarie perch

(a) Lake Dartmouth and all its tributaries

1

(b) Yarra River and all its tributaries

2

(c) Upper Coliban Reservoir and all its tributaries

2

(d) All other Victorian waters

0

34 Marlin (all species)


1

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35 Molluscs (all species other than abalone, mussels, pipis, scallop, squid, octopus, oysters and cuttlefish)


5 litres (or, if shucked or split, 1 litre)

36 Morwong (all species)


5

Column 1

Item

Column 2

Species of fish

Column 3

Waters


37 Mullet (all species)


40

38 Mulloway All Victorian waters

5

39 Murray cod All Victorian waters

2 (of which no fish may exceed 100 centi-metres in length)

40 Mussels (all species)



41 Oyster (all species)


50

42 Pipis (a) Cape Liptrap Coastal Park


(b) All other Victorian waters


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43 Prawn (all species)


30 litres whole prawns (or 5 litres prawn meats)

44 Redfin All Victorian waters

No limit

45 River blackfish All Victorian waters

5

Column 1

Item

Column 2

Species of fish

Column 3

Waters


46 Salmonids (a) Rivers, streams of inland waters and family fishing lakes

5 (of which no more than 2 fish may exceed 35 centimetres in length)

(b) all other lakes and impound-ments of inland waters

5

47 Sand worm and other marine worms (all species)


05 litre (whether whole or part)

48 Scad, yellowtail All Victorian waters

40

49 Seahorses, seadragons and pipefish


0

50 Sea urchin (all species)


20

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51 Shark (all species other than school and gummy shark, great white and grey nurse shark and elephantfish)


1 (of each species)

52 Shark (great white and grey nurse)


0

Column 1

Item

Column 2

Species of fish

Column 3

Waters


53 Shark (school and gummy)


A total of 2 fish (of one species or a combination of both species)

54 Shrimp (burrowing shrimp including Bass yabby)


100 (whether whole or in part)

55 Shrimp (swimming shrimp)


05 litre

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56 Silver perch (a) Lakes and impound-ments of inland waters north of the Great Dividing Range (excluding the Wimmera Basin)

5

(b) Rivers and streams of inland waters north of the Great Dividing Range (excluding the Wimmera Basin)

0

Column 1

Item

Column 2

Species of fish

Column 3

Waters


(c) All inland waters south of the Great Dividing Range (including the Wimmera Basin)

5

57 Silver trevally All Victorian waters

20

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58 Skates and rays (all species)


A total of 5 fish (of one species or a combination of species)

59 Snapper All Victorian waters

10 (of which no more than 3 fish may be equal to or exceed 40 centimetres in length)

60 Southern rock cod


20

61 Spiny freshwater crayfish (other than Glenelg spiny freshwater crayfish)


5 (of which no more than 1 fish may be equal to or exceed 12 centimetres in carapace length)

Column 1

Item

Column 2

Species of fish

Column 3

Waters


62 Squid (including calamari), octopus and cuttlefish (all species)


A total of 10 fish (of one species or a combination of all species)

63 Sweep (all species)


10

64 Swordfish All Victorian waters

1

65 Tailor All Victorian waters

20

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66 Tasmanian whitebait


40

67 Tuna (including southern bluefin, yellowfin and big eye)


2

68 Warehou (haddock) (all species)


20

69 Whiting (all species other than King George whiting)


20

70 Wrasse (all species other than bluethroat wrasse and blue groper)


5

Column 1

Item

Column 2

Species of fish

Column 3

Waters


71 Yabby (freshwater)


30 litres of whole yabby (or 5 litres yabby meat)

72 Yellowtail kingfish


5

".

16 New Schedule 19

After Schedule 18 of the Principal Regulations insert—

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"__________________

"SCHEDULE 19

Regulation 5

RECREATIONAL REEF ZONES

Column 1Recreational reef zone

Column 2Corner of zone

Column 3

Latitude

Column 4

Longitude

Aspendale NW -38˚ 01' 53'' +145˚ 04' 17''

NE -38˚ 01' 54'' +145˚ 04' 58''

SE -38˚ 02' 26'' +145˚ 04' 57''

SW -38˚ 02' 25'' +145˚ 04' 16''

Frankston NW -38˚ 08' 12'' +145˚ 05' 08''

NE -38˚ 08' 13'' +145˚ 05' 50''

SE -38˚ 08' 46'' +145˚ 05' 49''

SW -38˚ 08' 45'' +145˚ 05' 08''

Seaford NW -38˚ 04' 58'' +145˚ 05' 37''

NE -38˚ 04' 59'' +145˚ 06' 18''

SE -38˚ 05' 31'' +145˚ 06' 17''

SW -38˚ 05' 30'' +145˚ 05' 36''".

═══════════════

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ENDNOTES

Endnotes S.R. No. 18/2013


18

1 Reg. 4: S.R. No. 2/2009 as amended by S.R. Nos 19/2009 and 118/2010.

——

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

In accordance with section 11 of the Monetary Units Act 2004, the value of a penalty unit for the financial year commencing 1 July 2012 is $140.84.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

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