Fisheries (Eastern Abalone Zone) Notice No. 3/2014

Fisheries Act 1995

FISHERIES NOTICE NO. 3/2014

I, Ross McGowan, Executive Director Regulation and Compliance (Fisheries), 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:

Date: 26 March 2014

Ross McGowan

Executive Director Fisheries Notice

Fisheries (Eastern Abalone Zone) Notice No. 3/2014

1. Title

This Notice may be cited as the Fisheries (Eastern Abalone Zone) Notice No. 3/2014.

2. Objectives

The objective of this Notice is to fix minimum size limits for blacklip abalone taken under an Abalone Fishery Access Licence in the eastern 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 2014.

5. Definitions

In this fisheries notice –

size zone means any of the areas described in paragraphs (a) to (e) in column 1 of Schedule 1 in clause 6 of this Notice.

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

For the purposes of the Act, the minimum size with respect to the taking of blacklip abalone from Victorian waters as specified in column 1 of Schedule 1 is the size specified for those waters in Column 2 of Schedule 1.

Schedule 1  

 Column 1

Waters taken from -

Victorian marine waters:

Column 2

Minimum size (Millimetres)

 

a) between longitudes 148º52.242'E and 149°18.558'E which includes reef codes 22.08 – 23.02.

125

b) between longitudes 149°18.558'E and 149°27.204'E which includes reef codes 23.03 - 23.05.

127

c) between longitudes 149°27.204'E and 149°32.76'E which includes reef codes 23.06 and 24.00-24.03.

138

d) between longitudes 149°32.76'E and 149°39.372'E which includes reef codes 24.04- 24.08.

127
e) between longitude 149°39.372'E and a straight line connecting coordinates longitude 149°40'35.90"E, latitude 37°41'2.89"S and longitude 149°41'22.46"E, latitude 37°41'27.66"S i.e. reef code 24.09.115

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.

7. 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 under an Abalone Fishery Access Licence from more than one size zone on any fishing trip; or

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

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

is prohibited.

Note: It is an offence under section 67(3) of the Fisheries Act 1995 to fail to comply with a prohibition

(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.

8. Revocation

Unless sooner revoked, this Notice will be revoked on 31 March 2015.