Fisheries (Amendment) Regulations 1999 (Vic)
Fisheries (Amendment) Regulations 1999
S.R. No. 90/1999
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1 2. Authorising provision 1 3. Principal Regulations 1 4. Commencement 2 5. Amendments to definitions 2 6. Inclusion of "snare" in definition of commercial fishing equipment 2 7. Amendment to Table in regulation 107 3 8. New classes of access licences 3 9. New regulation 214A inserted 4
214A. Entitlements of Lake Tyers Fishery (Bait) Access
Licence 4
10. New regulation 215A inserted 4
215A. Entitlements of Mallacoota Lower Lake Fishery (Bait)
Access Licence 4
11. New regulation 222A and 222B inserted 4
222A. Entitlements of Snowy River Fishery (Bait) Access
Licence 4 222B. Entitlements of Sydenham Inlet Fishery (Bait) Access
Licence 5
12. New classes of transferable commercial fishery licences 5 13. New classes of licences specified for the purposes of section 39(1) 5 14. New classes of licences specified for the purposes of section 39(2) 6 15. New condition of every commercial fishery licence 6 16. Amendment to conditions of Gippsland Lakes Fishery Access Licence 7 17. New regulation 312A inserted 7
312A. Conditions of a Lake Tyers Fishery (Bait) Access
Licence 8
18. New regulation 313A inserted 8
313A. Conditions of a Mallacoota Lower Lake Fishery (Bait)
Access Licence 8
19. New regulation 320A and 320B inserted 9
i
Regulation Page
320A. Conditions of a Snowy River Fishery (Bait) Access
Licence 9 320B. Conditions of a Sydenham Inlet Fishery (Bait) Access
Licence 9 20. Amendments to conditions of a Trawl (Inshore) Fishery Access
Licence 10 21. Amendment to conditions of a Western Port/Port Phillip Bay
Fishery Access Licence 10 22.
Amendment to regulation 329 11 23.
Amendment to conditions of aquaculture licence 11 24.
Amendment to regulation 401 12 25.
Amendment to regulation 402 12
402. Entitlements of Recreational Fishing Licence 12 26.
Amendments to regulation 404 12 27.
Amendments to regulation 406 13
406. Fees and levies payable for recreational fishery licences 13 28.
Amendment to minimum sizes 14 29.
Amendments to catch limits 14 30.
Amendment to regulation 504 16 31.
Amendments to regulation 507 16 32. Specification of place where possession of a trammel net is
prohibited 17 33.
Prohibition on taking of fish from Ryan's Creek 17 34.
Amendments to regulation 512 17 35.
Amendment to regulation 524 18 36.
Amendment to regulation 525 18 37.
Amendment to regulation 530 18 38.
Amendments to regulation 532 19 39.
Amendment to regulation 533 19 40.
New regulation 535, 536 and 537 inserted 19
535. Offence to fish or possess certain equipment in certain
inland waters 19
536. Offence not to mark rock lobster 20 537. Offence to sell marked rock lobster 21
41. Waiving of certain permit fees 21 42. Amendments to the inland waters in Part B of Schedule 11 21 43. Amendment to Schedule 15 22 44. New Schedule 17 23 SCHEDULE 17—Species of fish for the purposes of
regulation 322(2)(i) that may not be taken 23
45. Amendment to regulation 105 23 46. New Division 1 of Part 4 substituted 24 Division 1—Category of recreational fishery licence 24
ii
Regulation Page
401. Category of recreational fishery licence 24
47. Abolition of recreational netting 24
═══════════════
NOTES 26
iii
STATUTORY RULES 1999
S.R. No. 90/1999
Fisheries Act 1995
Fisheries (Amendment) Regulations 1999
The Governor in Council makes the following Regulations:
Dated: 13 July 1999Responsible Minister:
PATRICK McNAMARA
Minister for Agriculture and Resources
STACEY ROBERTSON
Acting Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are—
(a)
to make further provision for the regulation and control of certain fishing activity in Victoria; and
(b)
to make minor amendments to the Fisheries Regulations 1998.
2. Authorising provision
These Regulations are made under section 153 of the Fisheries Act 1995.
3. Principal Regulations
In these Regulations, the Fisheries Regulations
19981 are called the Principal Regulations.
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| r. 4 | S.R. No. 90/1999 |
4. Commencement
(1) These Regulations, except regulations 45, 46
and 47 come into operation on 15 July 1999.(2) Regulations 45, 46 and 47 come into operation on 1 September 2000.
5. Amendments to definitions
In regulation 105(2) of the Principal
Regulations—
(a) in the definition of "bait trap" for "20 centimetres high" substitute "23 centimetres high"; (b) after the definition of "identifying mark" ' "intertidal zone" means the area of
Victoria commencing at the maximum high water mark and continuing to a point where the water is 2 metres deep at that time;';
(c)
after the definition of "mouth" insert— ' "mussel rake" means a rake with a rake
head not exceeding 50 centimetres in
width and a single row of teeth attached
with the teeth not exceeding
10 centimetres in length;'.
6. Inclusion of "snare" in definition of commercial fishing equipment
After regulation 105(2) of the Principal
Regulations insert—'(3) For the purpose of paragraph (g) in the
definition of "commercial fishing
equipment" in section 4(1) of the Act, a
snare is commercial fishing equipment.'.
Fisheries (Amendment) Regulations 1999
S.R. No. 90/1999 r. 7
7. Amendment to Table in regulation 107
In the Table in regulation 107 of the Principal
Regulations—
(a)
after the item relating to "Gippsland Lakes" insert—
"Gippsland Lakes (Bait) — — Gippsland Lakes"; (b)
after the item relating to "Lake Tyers" insert—
"Lake Tyers (Bait) — — Lake Tyers"; (c)
after the item relating to "Mallacoota Lower Lake" insert—
"Mallacoota Lower — — Lower Lake at
Lake (Bait) Mallacoota"; (d)
after the item relating to "Shallow Inlet" insert—
"Snowy River (Bait) — — Snowy River Sydenham Inlet (Bait) — — Sydenham Inlet".
8. New classes of access licences
In regulation 201(1) of the Principal
Regulations—
(a)
after paragraph (j) insert— "(ja) Lake Tyers Fishery (Bait) Access
Licence;";
(b)
after paragraph (k) insert— "(ka) Mallacoota Lower Lake Fishery (Bait)
Access Licence;";
(c)
after paragraph (p) insert— "(pa) Snowy River Fishery (Bait) Access
Licence;
(pb) Sydenham Inlet Fishery (Bait) Access
Licence".
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| r. 9 | S.R. No. 90/1999 |
9. New regulation 214A inserted
After regulation 214 of the Principal Regulations insert—
"214A. Entitlements of Lake Tyers Fishery (Bait)
Access Licence
A Lake Tyers Fishery (Bait) Access Licence authorises the licence holder to—
(a)
take for sale the fish and fishing bait specified in Schedule 7; and
(b)
use the assistance of one or more people to carry out any activity authorised under the licence—
in Lake Tyers.".
10. New regulation 215A inserted
After regulation 215 of the Principal Regulations insert—
"215A. Entitlements of Mallacoota Lower Lake Fishery (Bait) Access Licence
A Mallacoota Lower Lake Fishery (Bait) to—
(a)
take for sale the fish and fishing bait specified in Schedule 7; and
(b)
use the assistance of one or more people to carry out any activity authorised under the licence—
in the Lower Lake at Mallacoota.".
11. New regulation 222A and 222B inserted
After regulation 222 of the Principal Regulations insert—
"222A. Entitlements of Snowy River Fishery (Bait)
Access Licence
Fisheries (Amendment) Regulations 1999
r. 12
r. 13
S.R. No. 90/1999
A Snowy River Fishery (Bait) Access
Licence authorises the licence holder to—
(a)
take for sale the fish and fishing bait specified in Schedule 7; and
(b)
use the assistance of one or more people to carry out any activity authorised under the licence—
in the Snowy River.
222B. Entitlements of Sydenham Inlet Fishery (Bait) Access Licence
A Sydenham Inlet Fishery (Bait) Access
Licence authorises the licence holder to—
(a)
take for sale the fish and fishing bait specified in Schedule 7; and
(b)
use the assistance of one or more people to carry out any activity authorised under the licence—
in Sydenham Inlet.".
12. New classes of transferable commercial fishery licences
In regulation 232 of the Principal Regulations—
(a)
after paragraph (f) insert— "(fa) Mallacoota Lower Lake Fishery (Bait)
Access Licence;";
(b)
after paragraph (h) insert— "(ha) Snowy River Fishery (Bait) Access
Licence;
(hb) Sydenham Inlet Fishery (Bait) Access
Licence.".
13. New classes of licences specified for the purposes of section 39(1)
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| r. 15 | S.R. No. 90/1999 |
In regulation 234 of the Principal Regulations—
(a)
after paragraph (e) insert— "(ea) Lake Tyers Fishery (Bait) Access
Licence; and";
(b)
after paragraph (f) insert— "(fa) Mallacoota Lower Lake Fishery (Bait)
Access Licence; and";
(c) after paragraph (h) insert—
"; and
(i) Snowy River Fishery (Bait) Access Licence; and
(j) Sydenham Inlet Fishery (Bait) Access Licence.". 14. New classes of licences specified for the purposes of section 39(2)
In regulation 235 of the Principal Regulations—
(a)
after paragraph (e) insert— "(ea) Lake Tyers Fishery (Bait) Access
Licence; and";
(b)
after paragraph (f) insert— "(fa) Mallacoota Lower Lake Fishery (Bait)
Access Licence; and";
(c) after paragraph (h) insert—
"; and
(i) Snowy River Fishery (Bait) Access Licence; and
(j)
Sydenham Inlet Fishery (Bait) Access Licence.".
15. New condition of every commercial fishery licence
Fisheries (Amendment) Regulations 1999
S.R. No. 90/1999 r. 17 In regulation 301(2)(h) of the Principal Regulations after "practicable" insert—
"; and
(i) must not take or possess any rock lobster that has a tail fan with—
(i) a punched hole in the central segment; or
(ii) the posterior quarter of the central segment removed by a traverse cut so that only the anterior three-quarters of the central segment remain attached.".
16. Amendment to conditions of Gippsland Lakes Fishery Access Licence
(1) For regulation 308(2)(d) of the Principal
Regulations substitute—
"(d) during the period commencing on 1 May and
ending on 30 November in each year, must
not use any commercial fishing equipment inCunninghame Arm.".
(2) After regulation 308(3) of the Principal
Regulations insert—
"(4) Despite sub-regulation (2)(d) the licence
holder may use commercial fishing and sunrise on the following day during the period commencing on 1 May and ending on 30 November in each year.".
equipment in the Cunninghame Arm
between 1 hour after sunset on any Sunday,
17. New regulation 312A inserted
Fisheries (Amendment) Regulations 1999
S.R. No. 90/1999
After regulation 312 of the Principal Regulations insert—
"312A. Conditions of a Lake Tyers Fishery (Bait)
Access Licence
(1) A Lake Tyers Fishery (Bait) Access Licence
regulation, in addition to any other
conditions imposed on the licence by theseis subject to the conditions specified in this section 52 of the Act. (2) The licence holder, when operating in Lake Tyers, must not use any commercial fishing equipment other than—
(a)
not more than 2 hand-operated bait pumps; and
(b) 2 dip nets; and
(c)
1 seine net not exceeding 30 metres in length.".
18. New regulation 313A inserted
After regulation 313 of the Principal Regulations insert—
"313A. Conditions of a Mallacoota Lower Lake Fishery (Bait) Access Licence
(1) A Mallacoota Lower Lake Fishery (Bait)
Access Licence is subject to the conditions specified in this regulation, in addition to any other conditions imposed on the licence by these Regulations and by the Secretary under section 52 of the Act.
(2) The licence holder, when operating in the Mallacoota Lower Lake, must not use any commercial fishing equipment other than—
Fisheries (Amendment) Regulations 1999
S.R. No. 90/1999 r. 19
(a)
not more than 2 hand-operated bait pumps; and
(b) 2 dip nets.".
19. New regulation 320A and 320B inserted
After regulation 320 of the Principal Regulations insert—
"320A. Conditions of a Snowy River Fishery (Bait)
Access Licence
(1) A Snowy River Fishery (Bait) Access
Licence is subject to the conditions specified in this regulation, in addition to any other conditions imposed on the licence by these Regulations and by the Secretary under section 52 of the Act.
(2) The licence holder, when operating in the
Snowy River, must not use any commercial fishing equipment other than—
(a)
not more than 2 hand-operated bait pumps; and
(b) 2 dip nets.
320B. Conditions of a Sydenham Inlet Fishery (Bait) Access Licence
(1) A Sydenham Inlet Fishery (Bait) Access
Licence is subject to the conditions specified in this regulation, in addition to any other conditions imposed on the licence by these Regulations and by the Secretary under section 52 of the Act.
(2) The licence holder, when operating in
Sydenham Inlet, must not use any commercial fishing equipment other than—
Fisheries (Amendment) Regulations 1999
| r. 20 | S.R. No. 90/1999 |
(a)
not more than 2 hand-operated bait pumps; and
(b) 2 dip nets.".
20. Amendments to conditions of a Trawl (Inshore) Fishery Access Licence
(1) For regulation 322(2)(b) and 322(2)(c) of the
Principal Regulations substitute—
"(b) must not at any one time take or possess on
board the boat specified in the licence or
land from that boat more than 10 kilograms
of bug, unless the licence authorises thetaking of bug; and".
(2) After regulation 322(2)(h) of the Principal
Regulations insert—
"; and
(i) using a boat nominated on a statutory fishing
despite paragraphs (g) and (h), must not, if South East Trawl fishery, take, possess, retain on board the boat or land from the boat any of the taxa of fish listed in Schedule 17.".
21. Amendment to conditions of a Western Port/Port Phillip Bay Fishery Access Licence
(1) For regulation 323(2)(e)(ii) of the Principal
Regulations substitute—
"(ii) that has more than 300 metres in length of
rope attached to either end of the net; or
(iii) with meshes in the bag of the net that measure between 2·9 centimetres and 4·5 centimetres; or
Fisheries (Amendment) Regulations 1999
S.R. No. 90/1999 r. 22
(iv) with meshes 25 metres either side of the bag 2·9 centimetres and 4·5 centimetres; and".
(2) For regulation 323(3)(f) of the Principal
Regulations substitute—
"(f) during the period commencing 1 March and
ending on 31 October in each year must
not—(i) use more than 1 long line or use a long line with more than 1000 hooks attached; or
(ii) within 200 metres of Western Port, possess more than 1 long line or a long line with more than 1000 hooks attached; and".
(3) In regulation 323(3)(k) of the Principal
Regulations after "day" insert—
"; and
(l)
must, when using a seine net, haul that net by hand or by a mechanical device approved by the Secretary.".
22. Amendment to regulation 329
In regulation 329(a)(iii) of the Principal
Regulations after "on the" insert "outside of the".
23. Amendment to conditions of aquaculture licence
After regulation 335(2)(g) of the Principal
Regulations insert—
"; and
(h)
in relation to the transport, the consignment for sale or consignment for processing of yabbies, must ensure that the licence holder's name and the licence number is clearly
Fisheries (Amendment) Regulations 1999
| r. 24 | S.R. No. 90/1999 |
marked on the outside of the immediate
packaging of the yabbies.".
24. Amendment to regulation 401
In regulation 401(a) of the Principal Regulations for "Fishery" substitute "Fishing".
25. Amendment to regulation 402
For regulation 402 of the Principal Regulations substitute—
"402. Entitlements of Recreational Fishing
Licence
A Recreational Fishing Licence authorises the licence holder to take, fish other than for sale from inland waters and marine waters by the use of recreational fishing equipment other than a recreational mesh net.".
26. Amendments to regulation 404
(1) For the heading to regulation 404 of the Principal Regulations substitute—
"404. Exemptions from requirement to hold
Recreational Fishing Licence or
Recreational Netting Licence".
(2) In regulation 404(1) of the Principal
Regulations—
(a) paragraph (b) is revoked;
(b) after paragraph (c) insert—
"; or
(d) holds a Victorian Senior's card; or (e) has attained the age of 70 years.".
(3) After regulation 404(2) of the Principal
Regulations insert—
Fisheries (Amendment) Regulations 1999
S.R. No. 90/1999 r. 27 "(3) Despite anything to the contrary in Part 4 of the Act, the holder of a Recreational Fishery Licence referred to in regulation 401(a) as in force immediately before the commencement of regulation 24 of the Fisheries
(Amendment) Regulations 1999 is exempt
from holding a Recreational Fishing Licence
under section 45 of the Act while his or her
Recreational Fishery Licence continues inforce.".
27. Amendments to regulation 406
For regulation 406 of the Principal Regulations substitute—
"406. Fees and levies payable for recreational
fishery licences
(1) For the purposes of section 151 of the Act, a
recreational fishery licence is a prescribed
class of licence.
(2) The prescribed rate of levy that may be
charged, levied and collected by the specified in Column 1 of the Table below, for the period specified in Column 2 of the Table, is the levy specified in Column 3 of the Table opposite the licence and licence period. (3) Any levy payable under sub-regulation (2)
must be paid before a recreational fishery
licence is issued.
(4) Despite sub-regulation (2), the Secretary may exempt a person or class of persons from payment of all or part of a levy
specified in Column 3 of the Table below.
(5) The application fee for a Group Recreational Fishery Licence is $20.
Fisheries (Amendment) Regulations 1999
| r. 28 | S.R. No. 90/1999 |
Table
Column 1 Column 2 Column 3 Class of Licence Licence Period Levy Recreational 1 year $20 Fishing Licence 2 days $5 28 days $10 Recreational up to and $35". Netting Licence including
1 September
2000
28. Amendment to minimum sizes
In the Table in regulation 501(1) of the Principal species)".
29. Amendments to catch limits
(1) In regulation 503(1) of the Principal Regulations
for "limit specified in column 2 of the Table
opposite that fish" substitute "bag limit specified
in column 2 and possession limit specified in
column 3 of the Table opposite that fish".
(2) For the Table in regulation 503(1) of the Principal Regulations substitute—
"Table
Column 1 Column 2 Column 3 Bag limit (number of fish unless otherwise Possession Fish specified) limit Abalone 10 (of which no more
than 2 fish may be
greenlip abalone)Abalone, greenlip 2
Fisheries (Amendment) Regulations 1999
S.R. No. 90/1999 r. 29
Column 1 Column 2 Column 3 Bag limit (number of fish unless otherwise Possession Fish specified) limit Bream (all
10 (of which no more than 2 fish may be equal to or exceed 36 centimetres in length)
species) Chinook salmon 5 Crabs 50 Eel 10 Elephant fish 3 King George whiting 20 Macquarie perch 10 Murray Cod 2 Pipis 5 litres (or, if shucked, 1 litre)
Rock lobster 2 4 Scallop 100 Shark (School and gummy) 2 Snapper (less than 40 centimetres in length) 10 Snapper (40 centimetres or more in length) 5 Squid (all species) 10 Yabby 20 litres (or, if tailed, 5 litres)".
Fisheries (Amendment) Regulations 1999
| r. 30 | S.R. No. 90/1999 |
(3) In column 3 of the Table in regulation 503(3) of the Principal Regulations for—
"A total of 5 trout of which—
(a)
no more than 2 trout may be more than 30 centimetres in length; and
(b)
no more than 1 trout may be more than 40 centimetres in length."
substitute—
"A total of 5 trout of which no more than 2 trout may bemore than 35 centimetres in length.".
30. Amendment to regulation 504
In the Table in regulation 504 of the Principal
Regulations omit the item relating to "Gemfish".
31. Amendments to regulation 507
(1) In regulation 507 of the Principal Regulations
for—
"(1) The use of the following boats or equipment
is prohibited under section 114 of the Act in
the places, periods and circumstancesspecified—
(a) a trammel net; and
(b) a firearm to take fish; and"
substitute—
"(1) The use of the following boats or equipmentis prohibited under section 114 of the Act, and if applicable, in the places, periods and circumstances specified—
(a) a trammel net absolutely; and
(b)
a firearm to take fish throughout Victoria"; and
Fisheries (Amendment) Regulations 1999
S.R. No. 90/1999 r. 32 (2) In regulation 507(1)(j)(v) of the Principal
Regulations for "Cunninghame" substitute
"North".
32. Specification of place where possession of a trammel net is prohibited
For regulation 508(1)(a) of the Principal
Regulations substitute—"(a) a trammel net in, on or next to Victorian
waters; and".
33. Prohibition on taking of fish from Ryan's Creek
After regulation 510(3) of the Principal
Regulations insert—"(4) The taking of fish from Ryan's Creek and
Loombah Weir between the retaining wall of
Loombah Weir and the retaining wall ofMcCallsay Weir is prohibited.".
34. Amendments to regulation 512
(1) For regulation 512(1) of the Principal Regulations
substitute—
"(1) A person must not take marine invertebrates
other than marine worms from Port Phillip
Bay in the intertidal zone.Penalty: 20 penalty units.
(1A) Sub-regulation (1) does not apply to Swan
Bay2.".
(2) In regulation 512(3) of the Principal Regulations
for "area commencing at the maximum high water mark and continuing to a point where the water is 2 metres deep at that time" substitute "intertidal
zone".
(3) For regulation 512(4) of the Principal Regulations
substitute—
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| r. 35 | S.R. No. 90/1999 |
"(4) Sub-regulations (1) and (3) do not apply to a
person who—
(a)
is the holder of an access licence or permit or is acting under the licence or permit in accordance with these Regulations; or
(b) uses equipment associated with
recreational fishing; or(c)
uses a hand operated pump to take Bass yabbies and marine worms.".
35. Amendment to regulation 524
For regulation 524(1) of the Principal Regulations
substitute—
"(1) A person must not, between the eastern sideof Thompsons Creek at Breamlea and Arch Rock at Venus Bay, take any mollusc from the intertidal zone.
Penalty: 20 penalty units.".
36. Amendment to regulation 525
In regulation 525(1) of the Principal Regulations for "in marine waters commencing at the maximum high water mark and continuing to a point where the water is 2 metres deep at that time" substitute "in the intertidal zone".
37. Amendment to regulation 530
(1) In regulation 530(1) of the Principal Regulations for "any Victorian" substitute "protected".
(2) In regulation 530(2) of the Principal Regulations
for "Victorian" substitute "protected".(3) After regulation 530(2) of the Principal
Regulations insert—
Fisheries (Amendment) Regulations 1999
S.R. No. 90/1999 r. 38 "(3) For the purposes of sub-regulation (2), the
Secretary may, in writing, authorise any person or a class of persons to stock fish into specified protected waters.".
38. Amendments to regulation 532
(1) In regulation 532(2) of the Principal Regulations
omit "in inland waters".
(2) For regulation 532(6) of the Principal Regulations
substitute—
"(6) A person must not use berley in marine
waters to attract fish for any purpose other
than as part of a fishing operation.Penalty: 20 penalty units.".
39. Amendment to regulation 533
In regulation 533(1) of the Principal Regulations,
after "inland waters" insert—
", Andersons Inlet, Corner Inlet, Curdies Inlet, the
North Arm of the Gippsland Lakes, Mallacoota
Inlet, Swan Bay, Sydenham Inlet, Tamboon Inlet,Lake Tyers, Wingan Inlet".
40. New regulation 535, 536 and 537 inserted
For regulation 535 of the Principal Regulations substitute—
"535. Offence to fish or possess certain
equipment in certain inland waters
A person must not fish or possess recreational fishing equipment in or on the area bounded by a line 20 metres from the banks of—
(a)
the Goulburn River from the walk way over the Eildon Pondage Weir water release gates to the fishing boundary
Fisheries (Amendment) Regulations 1999
| r. 40 | S.R. No. 90/1999 |
| posts situated 200 metres downstream; and |
(b) Ryan's Creek and Loombah Weir Weir and the retaining wall of McCallsay Weir; and
Penalty: 20 penalty units. Seven Creeks between the retaining Galls Gap Road Bridge which crosses Seven Creeks downstream from its junction with Watchbox Creek. (c) 536. Offence not to mark rock lobster
(1) A person who takes a rock lobster other than
under a Rock Lobster Fishery Access
Licence must—
(a) mark the central segment of the tail fan of the rock lobster by— (i) punching in it a hole of not less than 10 millimetres in diameter; or
(ii) removing the posterior quarter of the central segment of the tail fan by a transverse cut so that only the
anterior three-quarters of the
central segment remain attached;
and
(b)
comply with the requirements of paragraph (a)—
(i) means from a boat, within
if the rock lobster is caught by any boat and before landing; or
(ii) if the rock lobster is caught by any means from the shore, within
Fisheries (Amendment) Regulations 1999
r. 41
r. 42
S.R. No. 90/1999
5 minutes or before the rock
lobster is put into any basket, bag
or receptacle, whichever is the
sooner; or(iii) if the rock lobster is caught by any means from the shore, within 50 metres of the place of landing.
Penalty: 20 penalty units.
(2) Sub-regulations (1)(b)(b)(ii) does not apply
if the rock lobster is taken by a person
engaged in underwater dive fishing until the
person lands the rock lobster.
537. Offence to sell marked rock lobster tail fan with—
(a)
a punched hole in the central segment; or
(b)
the posterior quarter of the central segment removed by a traverse cut so that only the anterior three-quarters of the central segment remain attached.
Penalty: 20 penalty units.".
41. Waiving of certain permit fees
(1) In regulation 625(1) of the Principal Regulations after "(2)" insert "and (4)".
(2) After regulation 625(3) of the Principal
Regulations insert—
"(4) The Secretary may, in writing, waive the
fees prescribed under sub-regulations (1) and
(3).".
42. Amendments to the inland waters in Part B of Schedule 11
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| r. 43 | S.R. No. 90/1999 |
(1) In Part B of Schedule 11 to the Principal
Regulations omit the items relating to—
(a) "Leighs Lake (Glenrowan)"; and
(b) "Victoria Lake (Rutherglen)".
(2) In Part B of Schedule 11 to the Principal
Regulations—
(a) after the item relating to "Eildon Pondage (Eildon)" insert— "Emerald Lake (Emerald)";
(b) after the item relating to "Esmonde Lake (Ballarat)" insert— "Fosters Dam (Glenrowan)";
(c) after the item relating to "Lake Kerferd (Beechworth)" insert— "Lake King (Rutherglen)";
(d) after the item relating to "Lismore Golf Course Dam (Lismore)" insert— "Marysville Lake (Marysville)";
(e)
after the item relating to "Nhill Lake (Nhill)" insert—
"O'Keefe's Dam (Creswick)
Police Paddock Dam (Horsham)";(f)
after the item relating to "Rawson Dam (Rawson)" insert—
"Rowville Lakes (Rowville)
Roxburgh Park Lakes (Roxburgh Park)".
43. Amendment to Schedule 15
In Schedule 15 to the Principal Regulations after the item relating to "Section 115" insert—
Fisheries (Amendment) Regulations 1999
S.R. No. 90/1999 r. 45 "Section 116 to the extent that it relates to priority species;".
44. New Schedule 17
After Schedule 16 to the Principal Regulations insert—
'SCHEDULE 17
SPECIES OF FISH FOR THE PURPOSES OF REGULATION 322(2)(i) THAT MAY NOT BE
TAKEN
John dory King dory Mirror dory
Flathead Gemfish Blue grenadier
Ling
Jackass morwong
Black oreo
Ox-eye oreo
Smooth oreo
Spiky oreo
Ocean perch
Royal red prawns
Redfish
Orange roughy
Blue-eyed trevalla
Silver trevally
Blue warehou
Spotted warehouSchool whiting".
45. Amendment to regulation 105
Fisheries (Amendment) Regulations 1999
S.R. No. 90/1999
In regulation 105(2) of the Principal
Regulations—
(a)
in the definition of "recreational fishing equipment" for ", recreational hoop net and recreational mesh net" substitute "and recreational hoop net";
(b)
the definition of "recreational mesh net" is revoked.
46. New Division 1 of Part 4 substituted
For Division 1 of Part 4 of the Principal
Regulations substitute—
"Division 1—Category of recreational fishery
licence
401. Category of recreational fishery licence Fishing Licence is created as a class of recreational fishery licence.".
47. Abolition of recreational netting
(1) In regulation 402 of the Principal Regulations
omit "other than a recreational mesh net".
(2) In the heading to regulation 404 of the Principal
Regulations omit "or Recreational Netting
Licence".
(3) In the Table in regulation 406 of the Principal Regulations omit "Recreational Netting Licence".
(4) Regulations 403, 404(2), 407, 507(1)(q), 507(5) and Schedule 10 of the Principal Regulations are revoked.
(5) In regulation 526 of the Principal Regulations, for
", bait trap or mesh net" (wherever occurring)
substitute "or bait trap".
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Fisheries (Amendment) Regulations 1999
S.R. No. 90/1999 r. 47
Fisheries (Amendment) Regulations 1999
| Notes | S.R. No. 90/1999 |
NOTES
1 Reg. 3: S.R. No. 23/1998. Subsequently amended by S.R. Nos 1/1999,
9/1999 and 25/1999.
2 Reg. 34(1): An Order in Council in respect of Swan Bay, the Fisheries
(Declaration of Harold Holt Swan Bay Fisheries Reserve) Order 1998,
was published on 30 April 1998 in the Government Gazette.
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