Sch 4Restriction of net fishing in Port Phillip Bay

Schedule 4—Restriction of net fishing in Port Phillip Bay Sections 153F, 153G and 153I Part 1—Election to retain licence 1 Notice of election to retain licence (1) The Minister must give notice in accordance with this clause that each holder of a Western Port/Port Phillip Bay Fishery Access Licence may elect to retain their licence on and after 1 April 2022. (b) sent by letter to each holder of a Western Port/Port Phillip Bay Fishery Access Licence. (a) that each holder of a Western Port/Port Phillip Bay Fishery Access Licence may elect to retain their licence on and after 1 April 2022; (c) that the election must be made in writing addressed to the Secretary and signed by the licence holder; (d) the address to which the election must be sent; (e) the information that must be included in the election, which must include the name of the licence holder and the licence number; (f) that making an election does not entitle the licence holder to retain their licence on and after 1 April 2022 unless the Secretary notifies the licence holder in writing that the election is successful. 2 Election to retain licence An election by a holder of a Western Port/Port Phillip Bay Fishery Access Licence to retain their licence on and after 1 April 2022 must— (a) be made in writing to the Secretary and received by the Secretary within the period stated in the notice under clause 1; and (c) include the information required by the notice under clause 1. 3 Determination of successful elections (1) After the closing date specified in the notice under clause 1 for making an election, the Secretary must determine in accordance with this clause which of the elections to retain a licence are successful. (2) If 8 or less holders of a Western Port/Port Phillip Bay Fishery Access Licence have made an election in accordance with clause 2, the Secretary must determine that the election of each of those licence holders is successful. (3) If more than 8 holders of a Western Port/Port Phillip Bay Fishery Access Licence have made an election in accordance with clause 2— (a) the Secretary must determine the non‑net catch of each of those licence holders over the survey period based on the records held by the Secretary; and (b) the Secretary must rank the licence holders from the highest non-net catch determined under paragraph (a) to the lowest; and (c) the Secretary must determine that— (i) the election of each of the 8 highest ranked licence holders is successful; and (ii) the remaining elections are unsuccessful. (4) In this clause— ***non-net catch***, of a licence holder, means the total weight in kilograms of the non-net catch of all species caught under the licence (whether or not the licence holder held the licence for the whole of the survey period); ***records held by the Secretary*** means the records of catch history as recorded in the Integrated Catch and Effort System maintained by the Department of Economic Development, Jobs, Transport and Resources on behalf of the Secretary; ***survey period*** means the 5 year period from 1 April 2009 to 31 March 2014. 4 Notification of outcome of election After determining which of the elections made by the holders of a Western Port/Port Phillip Bay Fishery Access Licence to retain their licence are successful, the Secretary must notify in writing— (a) each of the licence holders who made a successful election stating that— (i) the election made by the licence holder is successful; and (ii) the licence holder is entitled to retain their licence on and after 1 April 2022; and (b) each of the licence holders (if any) who made an unsuccessful election stating that the election made by the licence holder is unsuccessful.