Fisheries (Central Abalone Zone) Notice No 5/2013

Fisheries Act 1995

FISHERIES NOTICE NO. 5/2013

I, Anthony Hurst, Executive Director Fisheries Victoria, as delegate of the Minister for Agriculture and Food Security and having undertaken consultation in accordance with section 3A of the Fisheries Act 1995 (the Act), make the following Fisheries Notice under section 152 of the Act:

Dated: 26 March 2013

Anthony Hurst

Executive Director Fisheries Victoria

Fisheries (Central Abalone Zone) Notice No. 5/2013

1. Title

This Notice may be cited as the Fisheries (Central Abalone Zone) Notice No. 5/2013.

2. Objectives

The objective of this Notice is to fix minimum size limits for blacklip and greenlip abalone taken under an Abalone Fishery Access Licence in the central abalone zone.

3. Authorising provision

This Notice is made under section 152 of the Act.

4. Commencement

This Notice comes into operation on 1 April 2013.

5. Definitions

In this Fisheries Notice -

size zone -

  1. in relation to blacklip abalone means any of the areas described in paragraphs (a) to (j) in column 1 of Schedule 1 in clause 6; and
  2. in relation to greenlip abalone means any of the areas described in paragraphs (a) to (b) in column 1 of Schedule 2 in clause 7 of this Notice.

6. Minimum sizes for blacklip abalone taken from the central abalone zone

For the purposes of the Act, the minimum size with respect to the taking of blacklip abalone by the holder of an Abalone Fishery (Central Zone) Access Licence, or a person acting under the licence, from Victorian waters as specified in column 1 of Schedule 1 is the size specified for those waters in Column 2 of Schedule 1.

Notes: There are offences in sections 68A and 68B of the Act relating to taking or possessing fish of a species that are less than the minimum size specified for that species of fish in this Notice. Various penalties apply.

Under section 152(3), of the Act, if a provision of this Notice is inconsistent with any regulations the Fisheries Notice prevails to the extent of the inconsistency. The general size limits specified in the Fisheries Regulations 2009 will continue to apply in circumstances where the size limits specified in clause 6 do not apply.

Schedule 1

Column 1
Waters taken from
Column 2
Minimum size (Millimetres)
Victorian marine waters –  
a) between longitude 142°30.498′E and longitude 143°58.008′E
(i.e. mouth of the Hopkins River to Lorne). This includes reef codes 4.01 through to 8.02.
123
b) between longitude 143°58.008′E and longitude 144°43.14′E
(i.e. Lorne to St Leonards Pier). This includes reef codes 8.03 through to 10.05.
110
c) Port Phillip Bay reef codes 11.01 through to 11.18. 105
d) between longitude 144°42.834′E and latitude 38°19.134′S north to a depth of 10 metres and extending west around to the south side of Point Nepean and to a depth of 30 metres, and then south-east to latitude 38°28.616′S (i.e. Portsea Pier to the south-east end of Fingal Beach). This includes reef codes 12.01 through to 12.05. 120
e) between latitude 38°28.616′S and longitude 145°9.138′E
(i.e. south-east end of Fingal Beach to Penguin Parade). This includes reef codes 12.06 through to 14.04.
115
f) between longitude 145°9.138′E and latitude 38°32.814′S
(i.e. Penguin Parade to Woolamai Surf Club). This includes reef codes 14.05 through to 14.08.
113
g) between latitude 38°32.814′S, and the line extending from longitude 145°33.57′E and latitude 38°39.12′S to longitude 145°32.4′E and latitude 38°40.47′S (i.e. Woolamai Surf Club to Coal Point). This included reef codes 14.09 through to 15.02. 115
h) between longitude 145°55.32′E and longitude 146°2.418′E
(i.e. Cape Liptrap Lighthouse to Waratah Bay Township). This included reef codes 16.04 through to 16.06.
105
i) between longitude 146°2.418′E and longitude 148°E
(i.e. Waratah Bay Township to Lakes Entrance, excluding the Seal Island Group). This includes reef codes 16.07 through to 18.09, excluding 18.08.
115
j) Shellback Island, Norman Island, Great Glennie Island, Dannevig Island, Citadel Island and McHugh Island. This includes reef codes 17.10 through to 17.13. 120
Coordinate Datum used: WGS84

7. Minimum sizes for greenlip abalone taken from the central abalone zone

For the purposes of the Act, the minimum size with respect to the taking of greenlip abalone by the holder of an Abalone Fishery (Central Zone) Access Licence, or a person acting under the licence, from Victorian waters as specified in column 1 of Schedule 2 is the size specified for those waters in Column 2 of Schedule 2.

Notes: There are offences in sections 68A and 68B of the Act relating to taking or possessing fish of a species that are less than the minimum size specified for that species of fish in this Notice. Various penalties apply.

Under section 152(3), of the Act, if a provision of this Notice is inconsistent with any regulations the Fisheries Notice prevails to the extent of the inconsistency. The general size limits specified in the Fisheries Regulations 2009 will continue to apply in circumstances where the size limits specified in clauses 6 and 7 do not apply.

Column 1
Waters taken from
Column 2
Minimum size (Millimetres)
Victorian marine waters –  
a) between longitude 142°30.498′E and longitude 144°38.88′E (i.e. mouth of the Hopkins River to Point Nepean). 145
b) between longitude 144°38.88′E and longitude 148°E
(i.e. Point Nepean to Lakes Entrance)
150

8. Abalone not to be taken from more than one size zone

(1) For the purposes of section 67 of the Act –

a) the taking of blacklip abalone or greenlip abalone under an Abalone Fishery Access Licence from more than one size zone on any fishing trip; or

b) the possession of blacklip abalone or greenlip abalone taken from more than one size zone onboard any boat being used under an Abalone Fishery Access Licence; or

c) the landing of of blacklip abalone or greenlip abalone taken under an Abalone Fishery Access Licence from more than one size zone;
is prohibited.

Note: Contravention of any prohibition under section 67 of the Act set out in this Fisheries Notice is an offence under section 67(3) of the Act. A maximum penalty of 100 penalty units or 6 months imprisonment or both applies.

(2) A person who contravenes the prohibition in sub-clause (1) is liable to a further penalty –

a) in the case of a first offence, a penalty not exceeding 0.5 of a penalty unit for each fish taken, possessed or landed in contravention of the prohibition;

b) in the case of a subsequent offence, a penalty not exceeding 1 penalty unit for each fish taken, possessed or landed in contravention of the prohibition.

9. Revocation

Unless sooner revoked, this Notice will be revoked on 31 March 2014.