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Fisheries Amendment Regulations 2017

Endnotes

Fisheries Amendment Regulations2017

S.R. No. 10/2017


S.R. No. 10/2017

table of provisions

RegulationPage

i

Part 1Preliminary1

1Objectives1

2Authorising provision2

3Commencement2

4Principal Regulations2

Part 2Amendments to licence conditions3

Division 1Gippsland Lakes Fishery Access Licence3

5Use of certain fishing nets or scallop dredge prohibited in certain waters3

6Activities authorised by a Gippsland Lakes Fishery Access Licence3

7Regulation 149 substituted3

8Use and possession of mesh nets4

Division 2Eel Fishery Access Licence5


Division 3Gippsland Lakes (Bait) Fishery Access Licence6

10Regulation 167A inserted6

Part 3Transfer of Wrasse (Ocean) FisheryAccess Licences7

11Classes of commercial fishery licences that are transferable7

12Classes of access licence where services of other person used7

13Regulation 234AA revoked8

Part 4Other amendments commencing 1April 20179

14Additional types of fishing equipment prescribed for the purposes of the Act9

15Eligibility criterion for issue, renewal or transfer of access licence9

16Taking of gemfish prohibited9

17Additional minimum sizes for commercial taking and possession of fish10

18Minimum sizes for abalone10

19Schedule 3Ports and mooring areas at which abalone may be landed12

20Schedule 20Scallop dive (Port Phillip Bay) Fishery Access Licence management zones, exclusion zones and ports and mooring areas12

21Schedule 23 inserted12

Part 5Amendments relating to the Traditional Owner Settlement Act 201025

22Definitions25

23Regulation 11A inserted25

24Exemptions from requirement to hold recreational fishery licence25

25Revocation of Division 1 of Part 426

26Application of Division 1 of Part 626

27Regulation 91A revoked26

28Revocation of regulation 103(2)26






34Catch limit for scallop27

35Regulation 417A substituted27

Part 6Amendments relating to the Victorian Fisheries Authority28

36Definitions28

37Register of adjustment numbers32

38Grounds on which Secretary must refuse to issue aquaculture licence33

39Application to transfer commercial fishery licences33

40Ground for refusing the transfer of access licences33

41Grounds for refusing the transfer of a Giant Crab Fishery (Western Zone) Access Licence33

42Individual quota units not to be transferred if levy on licence has not been paid33

43Individual abalone quota units not to be transferred if levy on quota units not paid34

44Process for voluntary surrender of commercial fishery licence34

45Process for determination of compensation payable under section 6334

46Subdivision 5Miscellaneous duties and powers of Secretary34

47Matters that may be specified by Secretary in a commercial fishery licence34

48Secretary to specify licence number on Giant Crab Fishery (Western Zone) Access Licence35

49Secretary to publish address for return of cancelled documents35

50Secretary may give directions or authorisations relating to lost, stolen or damaged documents35

51Secretary may direct return of fisheries documents35

52Activities authorised by every access licence36

53Every commercial fishery licence subject to conditions in this Subdivision36

54Errors made while completing certain fisheries documents36

55Lost or destroyed fisheries documents or copies36

56Damaged fisheries documents and copies36

57Theft of fisheries documents or copies36

58Fisheries documents to be used in sequential numerical order37

59Fisheries documents not to be lent, given or made available to others37

60Licence holder to retain all unused fisheries documents in book issued37

61Licence holder must return unused or partly used documents37

62Licence holder to notify of change of name, address or telephone number37

63Fees, levies, royalties in respect of licences to be paid by due date37

64Levies and royalties in respect of individual quota units to be paid by due date38

65Every access licence subject to conditions in this Subdivision38

66Completion of catch and effort records38

67Definition38

68Offence to fail to return unissued recreational fishery licences38

69Registration of a boat used for fishing38

70Renewal of registration of a boat39

71Secretary to issue certificate of registration39

72Duration of boat registration39

73Transfer of registration of boat39

74Offence to tag or mark fish39

75Requirements on persons receiving fish for sale39

76Bait (General) Fishery Access Licence subject to conditions in this Division40

77Corner Inlet Fishery Access Licence subject to conditions in this Division40

78Eel Fishery Access Licence subject to conditions in this Division40

79Secretary to be notified of setting and removal of fyke nets40

80Gippsland Lakes Fishery Access Licence subject to conditions in this Division40

81Gippsland Lakes (Bait) Fishery Access Licence subject to conditions in this Division41

82Gippsland Lakes (Mussel Dive) Fishery Access Licence subject to conditions in this Division41

83Lake Tyers (Bait) Fishery Access Licence subject to conditions in this Division41

84Mallacoota Lower Lake (Bait) Fishery Access Licence subject to conditions in this Division41

85Ocean Fishery Access Licence subject to conditions in this Division41

86Port Phillip Bay (Mussel Bait) Fishery Access Licence subject to conditions in this Division42

87Purse Seine (Ocean) Fishery Access Licence subject to conditions in this Division42

88Purse Seine (Port Phillip Bay) Fishery Access Licence subject to conditions in this Division42

89Notification of intention to take fish for sale42

90Prior reporting of details before entering port or mooring area42

91Fish must be landed at a specified place42

92Boat not to enter port or mooring area and fish not to be landed before estimated time43

93Boat to enter port or mooring area and fish to be landed within one hour after estimated time43

94Secretary to confirm receipt of details to licence holder43

95Requirement to complete catch and effort record43

96Requirement to complete and keep catch disposal record43

97Requirements for keeping fisheries documents and copies relating to fish44

98Annual catch limit and prohibitions on fishing when annual catch limit has been reached44

99Snowy River (Bait) Fishery Access Licence subject to conditions in this Division44

100Sydenham Inlet (Bait) Fishery Access Licence subject to conditions in this Division44

101Trawl (Inshore) Fishery Access Licence subject to conditions in this Division45

102Catch limit for bug45

103Western Port/Port Phillip Bay Fishery Access Licence subject to conditions in this Division45

104Notification of intention to take fish for sale45

105Prior reporting of details before entering port or mooring area45

106Fish must be landed at a specified place45

107Boat not to enter port or mooring area and fish not to be landed before estimated time46

108Boat to enter port or mooring area and fish to be landed within one hour after estimated time46

109Secretary to confirm receipt of details to licence holder46

110Requirement to complete catch and effort record46

111Requirement to complete and keep catch disposal record46

112Requirements for keeping fisheries documents and copies relating to fish47

113Annual catch limit and prohibitions on fishing when annual catch limit has been reached47

114Wrasse (Ocean) Fishery Access Licence subject to conditions in this Division47

115Offence to remove abalone from its packaging47

116Abalone fishery access licences subject to conditions in this Division48

117Notification of specified abalone details to Secretary48

118Duplicate and triplicate abalone docket to be affixed to bin48

119Submission of original abalone docket to Secretary48

120Fish Receivers' (Abalone) Licence subject to conditions in Subdivisions 2, 3, 4, 5, 6 and 748

121Stock record to be provided to Secretary on request49

122Abalone sold and possessed not to exceed recorded amounts49

123Bins of abalone that are not properly sealed49

124Incomplete or incorrect dockets49

125Weighing and notification of specified abalone details to Secretary49

126Copies of abalone docket49

127Secretary to be notified of incorrect abalone transfer certificate50


129Copies of abalone transfer certificate50


131Original and copies of abalone transfer certificate50

132Requirements for sale or consignment of smaller quantities of abalone51

133Specified abalone details to be notified to Secretary51

134Original and quadruplicate copy of abalone transfer certificate51

135Secretary may request stock record or small sales return to be completed51

136Secretary to notify licence holders of telephone numbers to be used51

137Secretary to give abalone confirmation number to holder of abalone fishery access licence52

138Secretary to notify fish receivers of internet address and telephone numbers to be used52

139Secretary to give abalone confirmation number to holder of Fish Receivers' (Abalone) Licence52

140Offence to write on, use or possess certain fisheries documents or copies52

141Unused documents to be returned by former licence holders within 48 hours52

142Notification of nomination of licence holder by holder of individual abalone quota unit53

143Rock lobster fishery access licence subject to conditions in this Division53

144Transfer of rock lobster at sea prohibited53

145Requirement to complete rock lobster daily catch record book53

146Prior reporting of rock lobster details before entering ports53

147Further details to be provided to Secretary after initial reporting under regulation 34853

148Boat not to enter port and rock lobster not to be landed before estimated time54

149Boat to enter port and rock lobster to be landed within 1 hour after estimated time54

150Rock lobster to be landed in Victoria unless exempted54

151Rock lobster must be landed at specified place54

152Reporting of post-landing details concerning rock lobster to Secretary54

153Original rock lobster daily catch record to be sent to Secretary54

154Requirements for keeping of fisheries documents and copies relating to rock lobster55

155Location of rock lobster catch disposal record book and daily catch record book to be notified55

156Secretary may allocate forfeited individual quota units in respect of rock lobster by tender55

157Secretary to notify licence holder of telephone numbers to be used55

158Secretary to give rock lobster confirmation number to rock lobster fishery access licence holder55

159Activities authorised by a Giant Crab Fishery (Western Zone) Access Licence56

160Giant Crab Fishery (Western Zone) Access Licence subject to conditions in this Division56

161Restrictions on numbers of rock lobster pots that may be used56

162Requirement to complete giant crab daily catch record book56

163Prior reporting of giant crab details before entering ports56


165Boat not to enter port and giant crab not to be landed before estimated time57

166Boat to enter port and giant crab to be landed within 1 hour of after estimated time57

167Giant crab to be landed in Victoria unless exempted57

168Giant crab must be landed at specified place57

169Notification of post-landing details concerning giant crab to Secretary57

170Original giant crab daily catch record to be sent to Secretary58

171Requirements for keeping of fisheries documents and copies relating to giant crab58

172Location of giant crab catch disposal record book and giant crab daily catch record book to be notified58

173Secretary may allocate forfeited individual quota units in respect of giant crab by tender58

174Secretary to notify licence holder of telephone numbers to be used58

175Secretary to give giant crab confirmation number to licence holder59

176Scallop (Ocean) Fishery Access Licence subject to conditions in this Division59

177Authorised activities59

178Scallop Dive (Port Phillip Bay) Fishery Access Licence subject to conditions in this Division59

179Notification of intention to take scallop for sale59

180Prior reporting of scallop details before entering port of mooring59

181Scallop must be landed at a specified place60

182Boat not to enter port or mooring area and scallop not to be landed before estimated time60

183Boat to enter port or mooring area and scallop to be landed within one hour after estimated time60

184Scallop to be weighed after landing and information given to the Secretary60

185Scallop not to be moved before catch disposal record completed60

186Secretary to give scallop dive confirmation number to licence holder60

187Requirements for keeping fisheries documents and copies relating to scallop dive61

188Location of scallop dive catch disposal record book to be notified61

189Underwater breathing apparatus not to be used in certain parts of Port Phillip Bay61

190Vessel monitoring system61

191Submission of annual report61

192Secretary to notify licence holder of internet application to be used61

193Fish Receivers' (Scallop) Licence subject to conditions62

194Completion and submission of returns62

195Authorised activities62

196Sea Urchin Fishery Access Licence subject to conditions in this Division62

197Notification of intention to take sea urchin for sale62

198Prior reporting of sea urchin details before entering port of mooring62

199Sea urchin must be landed at a specified place63

200Boat not to enter port or mooring area and sea urchin not to be landed before estimated time63

201Boat to enter port or mooring area and sea urchin to be landed within one hour after estimated time63

202Sea urchin to be weighed after landing and information given to the Secretary63

203Sea urchin not to be moved before catch disposal record completed63

204Secretary to give sea urchin confirmation number to licence holder63

205Requirements for keeping fisheries documents and copies relating to sea urchin64

206Location of sea urchin catch disposal record book to be notified64

207Secretary to notify licence holder of internet application to be used64

208Every aquaculture licence subject to conditions in this Division64

209Completion of aquaculture production return64

210Aquaculture licences relating to abalone subject to additional conditions in this Division65

211Crown land aquaculture licence subject to additional conditions in this Division65

212Additional condition on Aquaculture (PrivateLandIndoor Intensive) Licence65

213Additional condition on Aquaculture (PrivateLandTourism) Licence65

214Exemption from offence in Act relating to stocking fish into protected waters65

215Secretary's obligations in relation to aquaculture production returns66

216Secretary may exempt licence holder from licence condition66

217Vessel monitoring system installed on boat66

218Secretary to be notified of installation of vessel monitoring system66

219Contact person on land to be nominated by responsible person67

220Secretary to be notified of person to communicate with Secretary and boat67

221Boat not to be moved until notification that vessel monitoring system operating correctly67

222Fishing not to be carried out from boat with nonoperational system67

223If required by Secretary password must be used67

224Sealing of vessel monitoring system to be arranged68

225Inspection of vessel monitoring system to be allowed68

226Secretary may require password for, or inspection or sealing of, vessel monitoring system68

227Offences to interfere with vessel monitoring system68

228Secretary may approve documents, things and equipment68

Endnotes69

RegulationPage

ix

statutory rules 2017

S.R. No. 10/2017

Part 4Other amendments commencing 1 April 2017


S.R. No. 10/2017

1

14

Fisheries Act 1995


The Governor in Council makes the following Regulations:

Dated: 27 March 2017

Responsible Minister:

JAALA PULFORD

Minister for Agriculture

monica bird

Acting Clerk of the Executive Council

Part 1Preliminary

1Objectives

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.

2Authorising provision

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

3Commencement

(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.

4Principal Regulations

In these Regulations, the Fisheries Regulations 2009[endnoteRef:2] are called the Principal Regulations. [2: 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.]

Part 2Amendments to licence conditionsDivision 1Gippsland LakesFishery Access Licence

5Use 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.".

6Activities authorised by a Gippsland Lakes Fishery Access Licence

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

7Regulation 149 substituted

For regulation 149 of the Principal Regulations substitute

"149Use 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), backwateror watercourse connected with McLennan Straits.

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

(a)use a seine net not exceeding 366metres 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 partof the low water mark between Shaving Point at Metung and 50 metres west of the mouth of Chinaman's Creek at Bancroft Bay.".

8Use 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 100metres apart.".

Division 2Eel Fishery Access Licence



"141Marking 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 floatmeasuring not less than 250millimetres in diameter, which is clearly marked with the licence number; or

(ii)an orange non-spherical surface float measuring not less than 250millimetres 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

(ii)a non-spherical surface floatmeasuring not less than 100millimetres 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 3Gippsland Lakes (Bait)Fishery Access Licence

10Regulation 167A inserted

After regulation 167 of the Principal Regulations insert

"167AMarking 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.".

Part 3Transfer of Wrasse (Ocean) FisheryAccess Licences

11Classes 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 isnot transferable unless the Minister has made a direction under section 61 of the Act in relation to the management of the Wrasse (Ocean) fishery.".

12Classes 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 Licenceisnot specified for the purposes of section39(2) of the Act unless the Minister has made a direction under section 61 of the Act in relation to the management of the Wrasse (Ocean) fishery.".

13Regulation 234AA revoked

Regulation 234AA of the Principal Regulations is revoked.

Part 4Other amendments commencing 1April 2017

14Additional 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.".

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

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

16Taking of gemfish prohibited

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

"(1)For the purposes of section 67 of the Act andsubject 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.".

17Additional minimum sizes for commercial taking and possession of fish

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

"

Column 1

Item

Column 2

Species of fish

Column 3

Minimum 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

".

18Minimum sizes for abalone

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

"

Column 1

Item

Column 2

Species of abalone

Column 3

Waters

Column 4

Minimum size

1

Blacklip abalone

Victorian waters

(a)west of longitude 14230'35"E (mouth of Hopkins River)

13 cm

(b)between longitude 14230'35"E and longitude 14358'30"E (mouth of Hopkins River to Lorne)

12 cm

(c)between longitude 14358'30"E and longitude 14758'30"E (Lorne to Lakes Entrance) except Port Phillip Bay

11 cm

(d)Port Phillip Bay

10 cm

(e)east of longitude 14758'30"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

".

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

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

20Schedule 20Scallop 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".

21Schedule 23 inserted

After Schedule 22 to the Principal Regulations, insert

"Schedule 23Areas 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 ExclusionsAvonRiverPerryRiver

Gippsland Lakes ExclusionsLake Reeve

Gippsland Lakes River Mouth ExclusionsLatrobe River

Gippsland Lakes River Mouth ExclusionsMaringa Creek

Gippsland Lakes ExclusionsMcLennan Straits

Gippsland Lakes River Mouth ExclusionsMitchell River

Gippsland Lakes River Mouth ExclusionsNicholson River andMitchell River

Gippsland Lakes ExclusionsNorth Arm

Gippsland Lakes ExclusionsNorth Arm Plan B

Gippsland Lakes River Mouth ExclusionsTambo River

Gippsland Lakes River Mouth ExclusionsToms Creek

Gippsland Lakes River Mouth ExclusionsTom Roberts Creek

".

Part 5Amendments relating to the Traditional Owner Settlement Act 2010

22Definitions

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.

23Regulation 11A inserted

After regulation 11 of the Principal Regulations insert

"11AApplication 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.".

24Exemptions from requirement to hold recreational fishery licence

(1)Regulation 66(1A) of the Principal Regulations isrevoked.


"(3)Subregulation (1A), as in force immediately before its revocation by the Fisheries Amendment Regulations 2017, continues toapply to a member of a traditional owner group in respect of which a natural resource agreement was entered into under the Traditional Owner Settlement Act 2010, as in force immediately before that revocation.".

25Revocation of Division 1 of Part 4

Division 1 of Part 4 of the Principal Regulations isrevoked.

26Application 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 isrevoked.

27Regulation 91A revoked

Regulation 91A of the Principal Regulations isrevoked.

28Revocation of regulation 103(2)

Regulation 103(2) of the Principal Regulations isrevoked.







"240Application 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.".





"323Application of Division

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

34Catch 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.

35Regulation 417A substituted

For regulation 417A of the Principal Regulations substitute

"417AApplication of Division

This Division does not apply to the holder ofa 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.".

Part 6Amendments relating to the Victorian Fisheries Authority

36Definitions

(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 productionreturn, for "Secretary" substitute"Victorian Fisheries Authority";

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

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

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

(l)in the definition of commercial abalone reefcode, 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 disposalrecord, for "Secretary" substitute "VictorianFisheries 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 catchrecord, for "Secretary" substitute "VictorianFisheries Authority";

(r)in the definition of giant crab daily catch recordbook, for "Secretary" substitute "VictorianFisheries Authority";

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

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

(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 registerbook, for "Secretary" substitute "Victorian Fisheries Authority";

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

(e)in the definition of rock lobster daily catchrecord, 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 notificationservice, 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 "VictorianFisheries Authority";

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

(m)in the definition of sea urchin catch disposalrecord, 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";

(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 "VictorianFisheries Authority";

(r)in the definition of specified abalone details,for "Secretary" substitute "VictorianFisheries 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 "VictorianFisheries 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".

37Register of adjustment numbers

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

38Grounds 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".

39Application to transfer commercial fishery licences

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

40Ground 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".

41Grounds 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".

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


43Individual abalone quota units not to be transferred if levy on quota units not paid


44Process for voluntary surrender of commercial fishery licence

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

45Process 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".

46Subdivision 5Miscellaneous duties and powers of Secretary

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

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



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

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



49Secretary to publish address for return of cancelled documents

(1)In the heading to regulation 35 of the PrincipalRegulations, 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".

50Secretary 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".

51Secretary may direct return of fisheries documents


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

52Activities authorised by every access licence

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

53Every commercial fishery licence subject to conditions in this Subdivision

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

54Errors made while completing certain fisheries documents


55Lost 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".

56Damaged fisheries documents and copies


57Theft of fisheries documents or copies


58Fisheries documents to be used in sequential numerical order


59Fisheries 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".

60Licence 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".

61Licence holder must return unused or partly used documents

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

62Licence holder to notify of change of name, address or telephone number


63Fees, levies, royalties in respect of licences to be paid by due date


64Levies and royalties in respect of individual quota units to be paid by due date


65Every access licence subject to conditions in this Subdivision

In the notes at the foot of regulation 55 of thePrincipal Regulations, for "Secretary" (wheretwiceoccurring) substitute "Victorian Fisheries Authority".

66Completion of catch and effort records

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

67Definition

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

68Offence 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".

69Registration of a boat used for fishing


70Renewal of registration of a boat


71Secretary to issue certificate of registration



72Duration of boat registration

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

73Transfer of registration of boat

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

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

74Offence to tag or mark fish

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

75Requirements on persons receiving fish for sale

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

76Bait (General) Fishery Access Licence subject to conditions in this Division


77Corner Inlet Fishery Access Licence subject to conditions in this Division


78Eel Fishery Access Licence subject to conditions in this Division


79Secretary to be notified of setting and removal of fyke nets



80Gippsland Lakes Fishery Access Licence subject to conditions in this Division


81Gippsland Lakes (Bait) Fishery Access Licence subject to conditions in this Division


82Gippsland Lakes (Mussel Dive) Fishery Access Licence subject to conditions in this Division


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


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


85Ocean Fishery Access Licence subject to conditions in this Division


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


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


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


89Notification 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".

90Prior 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".

91Fish must be landed at a specified place

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

92Boat 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".

93Boat 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".

94Secretary 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".

95Requirement 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".

96Requirement to complete and keep catch disposal record

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

97Requirements for keeping fisheries documents and copies relating to fish

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

98Annual 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 bythe Victorian Fisheries Authority.".

99Snowy River (Bait) Fishery Access Licence subject to conditions in this Division


100Sydenham Inlet (Bait) Fishery Access Licence subject to conditions in this Division


101Trawl (Inshore) Fishery Access Licence subject to conditions in this Division


102Catch limit for bug


103Western Port/Port Phillip Bay Fishery Access Licence subject to conditions in this Division


104Notification 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".

105Prior 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".

106Fish must be landed at a specified place

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

107Boat 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".

108Boat 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".

109Secretary 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".

110Requirement 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".

111Requirement to complete and keep catch disposal record

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

112Requirements for keeping fisheries documents and copies relating to fish

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

113Annual 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 bythe Victorian Fisheries Authority.".

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


115Offence to remove abalone from its packaging


116Abalone fishery access licences subject to conditions in this Division


117Notification of specified abalone details to Secretary

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

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

118Duplicate and triplicate abalone docket to be affixed to bin

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

119Submission of original abalone docket to Secretary

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


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


121Stock record to be provided to Secretary on request


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

122Abalone sold and possessed not to exceed recorded amounts


123Bins of abalone that are not properly sealed


124Incomplete or incorrect dockets


125Weighing and notification of specified abalone details to Secretary

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


126Copies of abalone docket


127Secretary to be notified of incorrect abalone transfer certificate






129Copies of abalone transfer certificate





131Original and copies of abalone transfer certificate


132Requirements 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".

133Specified abalone details to be notified to Secretary



134Original and quadruplicate copy of abalone transfer certificate


135Secretary may request stock record or small sales return to be completed



136Secretary to notify licence holders of telephone numbers to be used



137Secretary 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".

138Secretary to notify fish receivers of internet address and telephone numbers to be used



139Secretary to give abalone confirmation number to holder of Fish Receivers' (Abalone) Licence



140Offence to write on, use or possess certain fisheries documents or copies


141Unused documents to be returned by former licence holders within 48 hours


142Notification of nomination of licence holder by holder of individual abalone quota unit


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


144Transfer of rock lobster at sea prohibited


145Requirement to complete rock lobster daily catch record book

In regulation 347 of the Principal Regulations, for"Secretary" (wheretwice occurring) substitute "Victorian Fisheries Authority".

146Prior reporting of rock lobster details before entering ports

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


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


148Boat not to enter port and rock lobster not to be landed before estimated time


149Boat to enter port and rock lobster to be landed within 1 hour after estimated time


150Rock lobster to be landed in Victoria unless exempted

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

151Rock lobster must be landed at specified place


152Reporting of post-landing details concerning rock lobster to Secretary



153Original rock lobster daily catch record to be sent to Secretary


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

154Requirements for keeping of fisheries documents and copies relating to rock lobster


155Location of rock lobster catch disposal record book and daily catch record book to be notified


156Secretary may allocate forfeited individual quota units in respect of rock lobster by tender


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

157Secretary to notify licence holder of telephone numbers to be used



158Secretary to give rock lobster confirmation number to rock lobster fishery access licence holder



159Activities 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".

160Giant Crab Fishery (Western Zone) Access Licence subject to conditions in this Division


161Restrictions on numbers of rock lobster pots that may be used

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

162Requirement to complete giant crab daily catch record book


163Prior reporting of giant crab details before entering ports

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




165Boat not to enter port and giant crab not to be landed before estimated time


166Boat to enter port and giant crab to be landed within 1 hour of after estimated time


167Giant crab to be landed in Victoria unless exempted

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

168Giant crab must be landed at specified place


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



170Original 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".

171Requirements for keeping of fisheries documents and copies relating to giant crab


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


173Secretary 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".

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



175Secretary to give giant crab confirmation number to licence holder


(2)In regulation 401(1), (2) and (3) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "VictorianFisheries Authority".

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


177Authorised activities

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

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

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

179Notification 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".

180Prior 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".

181Scallop must be landed at a specified place

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

182Boat 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".

183Boat 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".

184Scallop 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".

185Scallop not to be moved before catch disposal record completed

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

186Secretary 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".

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

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

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

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

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

189Underwater 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".

190Vessel monitoring system

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

191Submission of annual report

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

192Secretary 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".

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

193Fish Receivers' (Scallop) Licence subject to conditions


194Completion and submission of returns

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

195Authorised activities

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

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

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

197Notification 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".

198Prior 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".

199Sea urchin must be landed at a specified place

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

200Boat 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".

201Boat 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".

202Sea 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".

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

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

204Secretary 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".

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

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

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

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

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

207Secretary 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".

208Every aquaculture licence subject to conditions in this Division


209Completion of aquaculture production return


210Aquaculture licences relating to abalone subject to additional conditions in this Division


211Crown land aquaculture licence subject to additional conditions in this Division


212Additional condition on Aquaculture (PrivateLandIndoor Intensive) Licence


213Additional condition on Aquaculture (PrivateLandTourism) Licence


214Exemption from offence in Act relating to stocking fish into protected waters

In regulation 453(1), (2), (3), (3A), (4) and (5) ofthe Principal Regulations, for "Secretary" (wherever occurring) substitute "VictorianFisheries Authority".

215Secretary'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".


216Secretary may exempt licence holder from licence condition


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

217Vessel monitoring system installed on boat


218Secretary to be notified of installation of vessel monitoring system



219Contact person on land to be nominated by responsible person

In regulation 470(1) and (2) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".

220Secretary 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".


221Boat not to be moved until notification that vessel monitoring system operating correctly


222Fishing not to be carried out from boat with nonoperational system


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

223If required by Secretary password must be used



224Sealing of vessel monitoring system to be arranged


225Inspection of vessel monitoring system to be allowed


226Secretary 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".


227Offences to interfere with vessel monitoring system


228Secretary may approve documents, things and equipment

(1)In the heading to regulation 481 of the PrincipalRegulations, after "Secretary" insert "orVictorian Fisheries Authority".

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

Endnotes

69

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