Fisheries Amendment Regulations 2021 (Vic)
Fisheries Amendment Regulations 2021
S.R. No. 161/2021
table of provisions
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Definitions
6Classes of access licence
7New Subdivision 6 inserted in Division 2 of Part 2
8Requirement for vessel monitoring system
9Notification of intention to retrieve rock lobster from coff or wet well
10Recreational hoop net, open top lift net and bait trap must be correctly tagged
11Offence to possess certain fish other than whole or in the form of carcass
12Offence to use certain substances as bait or berley
13Use of certain fishing nets or scallop dredge prohibited in certain waters
14Activities authorised by Banded Morwong Fishery Access Licences
15Regulation 177 revoked
16Activities authorised by Corner Inlet Fishery Access Licences
17New regulation 187A inserted
18Activities authorised by Eel Fishery Access Licences
19Divisions 10 and 11 of Part 7 revoked
20Catch limits for certain fish
21Catch limits for certain fish
22Activities authorised by Western Port/Port Phillip Bay Fishery Access Licences
23Regulations 275, 279, 280 and 281 revoked
24Restrictions on use of certain commercial fishing equipment in certain places in or on Port Phillip Bay
25Activities authorised by Wrasse (Ocean) Fishery Access Licences
26Regulation 330 substituted
27New regulations 331A and 331B inserted
28Notification of nomination of licence holder by holder of individual abalone quota unit
29Catch limits for fish other than giant crab
30New Division 2A of Part 10 inserted
31Regulation 386 substituted
32Required form of documentation for sale of fish
33Schedule 5 substituted
34Part 1 of Schedule 6 substituted
35Part 1 of Schedule 8 substituted
36Schedule 9 substituted
37Schedule 10 substituted
38Schedule 12 substituted
39Part 2 of Schedule 14 substituted
40Schedule 16—Definitions of fisheries
41Schedule 17—Base number of licences for purposes of calculating maximum number of licences
42Schedule 21 substituted
43Schedule 23 revoked
44Schedule 24—Minimum and maximum sizes and catch limits for fish (other than abalone, giant crab, noxious aquatic species, rock lobster, salmonids, scallop and sea urchin)
45Schedule 27—Species of fish that may be taken by holders of certain access licences
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Endnotes
statutory rules 2021
S.R. No. 161/2021
Fisheries Act 1995
Fisheries Amendment Regulations 2021
The Governor in Council makes the following Regulations:
Dated: 14 December 2021
Responsible Minister:
MELISSA HORNE
Minister for Fishing and BoatingAlexandra Debeljakovic
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Fisheries Regulations 2019 to—
(a)provide that the Victorian Fisheries Authority may endorse certain access licences in relation to catch limits for gummy shark and school shark; and
(b)prescribe the requirement for recreational fishers to notify the Victorian Fisheries Authority of an intention to take rock lobster and to require reporting of any taken rock lobster through a digital reporting system; and
(c)remove remaining authorisations for Western Port/Port Phillip Bay Fishery Access Licence holders to use nets for fishing; and
(d)remove all references to the Gippsland Lakes Fishery Access Licence; and
(e)exempt persons selling fish from certain fish receipt requirements when providing fish to transporters and storage facilities; and
(f)amend fish receipt requirements for abalone retail sales; and
(g)update all Point Nepean map references; and
(h)remove requirements for recreational fishers to display their place of residence on recreational hoop nets, open top lift nets and bait traps; and
(i)amend the requirement to possess rays either whole or in the form of carcass to cater for current commercial practices; and
(j)amend the abalone receiving requirements and the abalone quota transfer process; and
(k)remove the restriction on the number of persons that can be engaged in a banded morwong fishing operation; and
(l)amend the list of ports and mooring areas for the Western Port/Port Phillip Bay Fishery Access Licence; and
(m)make other miscellaneous amendments.
2Authorising provision
These Regulations are made under section 153 of the Fisheries Act 1995.
3Commencement
(1)These Regulations (except regulations 8, 22, 23 and 24) come into operation on 16 December 2021.
(2)Regulations 22, 23 and 24 come into operation on 1 April 2022.
(3)Regulation 8 comes into operation on 1 July 2022.
4Principal Regulations
In these Regulations, the Fisheries Regulations 2019[1] are called the Principal Regulations.
5Definitions
In regulation 5 of the Principal Regulations—
(a)insert the following definitions—
"eligible access licence means an Ocean Fishery Access Licence, Trawl (Inshore) Fishery Access Licence, rock lobster fishery access licence or Giant Crab Fishery (Western Zone) Access Licence;
endorsed licence means an eligible access licence that is endorsed in accordance with regulation 50A;
endorsement notice means a notice issued by the Victorian Fisheries Authority in accordance with regulation 50A(2);
non-endorsed licence means an eligible access licence that has not been endorsed in accordance with regulation 50A;";
(b)for paragraph (b) of the definition of coff substitute—
"(b)in the case of any other fish, any thing used to hold or keep fish alive in or on Victorian waters;";
(c)in the definition of Corner Inlet omit "the navigation light on";
(d)the definition of McLennan Straits is revoked.
6Classes of access licence
Regulation 14(i) of the Principal Regulations is revoked.
7New Subdivision 6 inserted in Division 2 of Part 2
After Subdivision 5 in Division 2 of Part 2 of the Principal Regulations insert—
"Subdivision 6—Endorsement of certain access licences
50AEndorsement of eligible access licences
(1)The Victorian Fisheries Authority may decide to endorse an eligible access licence for a licensing year.
(2)If the Victorian Fisheries Authority decides to endorse an eligible access licence, the Victorian Fisheries Authority must issue an endorsement notice to the holder of an eligible access licence informing the licence holder of the endorsement of the licence as soon as possible after the endorsement.
(3)The endorsement of an eligible access licence comes into effect on the date specified in the endorsement notice referred to in subregulation (2).
(4)The Victorian Fisheries Authority may cancel an endorsement under this regulation at any time.
(5)If an endorsement under this regulation is cancelled, the Victorian Fisheries Authority must give a written notice to the holder of an endorsed licence.
(6)A cancellation of an endorsed licence comes into effect on the date specified in the written notice referred to in subregulation (5).
(7)An endorsement under this regulation remains in force until whichever of the following occurs first—
(a)the term of the endorsement expires;
(b)the endorsed licence is transferred;
(c)the endorsement is cancelled by the Victorian Fisheries Authority.
50BDetermination that upper limit of shark taken reached
(1)The Victorian Fisheries Authority may determine that the total combined amount of gummy shark and school shark taken by all eligible access licence holders, and all holders of a Corner Inlet Fishery Access Licence and a Western Port/Port Phillip Bay Fishery Access Licence and all holders of a permit authorising the taking and possession of gummy shark or school shark, and any persons acting on behalf of those holders has exceeded 36 tonnes in a licensing year.
(2)A determination—
(a)must specify that it comes into effect on a particular date and time; and
(b)may be varied or revoked by the Victorian Fisheries Authority at any time.
(3)The Victorian Fisheries Authority must ensure that a copy of a determination under subregulation (1) is given to each licence holder and permit holder referred to in subregulation (1) as soon as possible after it is made.
(4)A determination under subregulation (1) comes into effect on the day on which a licence holder or permit holder referred to in subregulation (1) receives a copy of the determination or on any later date specified in the determination.
(5)If the Victorian Fisheries Authority revokes a determination made under subregulation (1)—
(a)the Victorian Fisheries Authority must give to each licence holder and permit holder referred to in subregulation (1) a written notice of that revocation; and
(b)the revocation is taken to have come into effect when the notice is received by the licence holder or permit holder.".
8Requirement for vessel monitoring system
For regulation 77(1) of the Principal Regulations substitute—
"(1)This regulation applies to the following classes of access licence—
(a)abalone fishery access licence;
(b)Banded Morwong Fishery Access Licence;
(c)Corner Inlet Fishery Access Licence;
(d)Giant Crab Fishery (Western Zone) Access Licence;
(e)Octopus Fishery Access Licence;
(f)Purse Seine (Ocean) Fishery Access Licence;
(g)rock lobster fishery access licence;
(h)Scallop Dive (Port Phillip Bay) Fishery Access Licence;
(i)Scallop (Ocean) Fishery Access Licence;
(j)Sea Urchin Fishery Access Licence;
(k)Trawl (Inshore) Fishery Access Licence;
(l)Western Port/Port Phillip Bay Fishery Access Licence;
(m)Wrasse (Ocean) Fishery Access Licence.".
9Notification of intention to retrieve rock lobster from coff or wet well
In regulation 86(2) of the Principal Regulations, for "wet well" substitute "coff or wet well".
10Recreational hoop net, open top lift net and bait trap must be correctly tagged
In regulation 124(a) of the Principal Regulations, for "place of residence" substitute "telephone number or the person's full name and recreational fishery licence number".
11Offence to possess certain fish other than whole or in the form of carcass
For regulation 130(2) of the Principal Regulations substitute—
"(2)Subregulation (1) does not apply to—
(a)a holder of a fishing concession authorising the possession of elephantfish or shark issued under the Commonwealth Act; or
(b)a holder of an access licence in possession of ray when carrying out any fishing activities authorised by the licence in accordance with the licence, the Act and these Regulations.".
12Offence to use certain substances as bait or berley
(1)Regulation 138(1) of the Principal Regulations is revoked.
(2)In regulation 138(3) of the Principal Regulations, for "trout or salmon" substitute "salmonid".
13Use of certain fishing nets or scallop dredge prohibited in certain waters
Regulation 145(2) of the Principal Regulations is revoked.
14Activities authorised by Banded Morwong Fishery Access Licences
After regulation 171(1)(b) of the Principal Regulations insert—
"(ba)the use, in specified waters, of any other commercial fishing equipment specified in the licence under regulation 43;".
15Regulation 177 revoked
Regulation 177 of the Principal Regulations is revoked.
16Activities authorised by Corner Inlet Fishery Access Licences
In regulation 179(b) of the Principal Regulations, after "mesh net," insert "bait pump,".
17New regulation 187A inserted
After regulation 187 of the Principal Regulations insert—
"187A Catch limits for gummy shark or school shark
(1)The licence holder must not take, or possess on board any boat, or land from any boat, any gummy shark or school shark in the period between the time a determination under regulation 50B comes into effect and the time it is revoked.
(2)Subregulation (1) does not apply to a holder of a fishing concession authorising the possession of gummy shark or school shark issued under the Commonwealth Act.".
18Activities authorised by Eel Fishery Access Licences
In regulation 188(b) of the Principal Regulations, after "43" insert ", or any other commercial fishing equipment specified in the licence under regulation 43,".
19Divisions 10 and 11 of Part 7 revoked
Divisions 10 and 11 of Part 7 of the Principal Regulations are revoked.
20Catch limits for certain fish
For regulation 240(1) of the Principal Regulations substitute—
"(1)The licence holder, on any one day, must not take, or possess on board any boat, or land from any boat—
(a)in the case of an endorsed licence, more than a total combined number of 5 gummy shark and school shark (of which no more than one shark may be a school shark); or
(b)in the case of a non-endorsed licence, more than a total combined number of 2 gummy shark and school shark (of which no more than one shark may be a school shark).
(1A)Despite subregulation (1), the licence holder must not take, or possess on board any boat, or land from any boat, any gummy shark or school shark in the period between the time a determination under regulation 50B comes into effect and the time it is revoked.
(1B)If the licence is an endorsed licence, the licence holder must have a copy of the endorsement notice issued to the licence holder in their immediate possession at all times when taking, possessing, landing or transporting gummy shark or school shark taken under the endorsed licence.
(1C)If the licence is an endorsed licence, the licence holder, or any person acting on behalf of the licence holder, must ensure that the following details are provided to the Victorian Fisheries Authority in the manner required by the Victorian Fisheries Authority, before landing any gummy shark or school shark that are permitted to be taken or possessed under the endorsed licence—
(a)the licence number of the endorsed licence;
(b)the date and time of the proposed landing of gummy shark or school shark by the licence holder;
(c)the number of gummy shark and school shark proposed to be landed by the licence holder;
(d)the port at which the gummy shark and school shark are proposed to be landed by the licence holder.
(1D)Subregulation (1C) does not apply to an endorsed licence holder, or a person acting on behalf of the endorsed licence holder, if the endorsed licence holder—
(a)has installed on the boat used for taking the shark, a vessel monitoring system that complies with the conditions set out in Subdivision 1 of Division 2 of Part 17; and
(b)is operating the vessel monitoring system on the boat in compliance with those conditions.
(1E)Subregulations (1) and (1A) do not apply to a holder of a fishing concession authorising the possession of gummy shark or school shark issued under the Commonwealth Act.".
21Catch limits for certain fish
(1)For regulation 271(1)(a) of the Principal Regulations substitute—
"(a)in the case of an endorsed licence holder, a total combined number of 5 gummy shark and school shark (of which no more than one shark may be a school shark); or
(ab)in the case of a non-endorsed licence holder, a total combined number of 2 gummy shark and school shark (of which no more than one shark may be a school shark); or".
(2)After regulation 271(1) of the Principal Regulations insert—
"(1A)Despite subregulation (1), the licence holder must not take, or possess on board any boat, or land from any boat, any gummy shark or school shark in the period between the time a determination under regulation 50B comes into effect and the time it is revoked.
(1B)If the licence is an endorsed licence, the licence holder must have a copy of the endorsement notice issued to the licence holder in their immediate possession at all times when taking, possessing, landing or transporting gummy shark or school shark taken under the endorsed licence.
(1C)If the licence is an endorsed licence, the licence holder, or any person acting on behalf of the licence holder, must ensure that the following details are provided to the Victorian Fisheries Authority in the manner required by the Victorian Fisheries Authority, before landing any gummy shark or school shark that are permitted to be taken or possessed under the endorsed licence—
(a)the licence number of the endorsed licence;
(b)the date and time of the proposed landing of gummy shark or school shark by the licence holder;
(c)the number of gummy shark and school shark proposed to be landed by the licence holder;
(d)the port at which the gummy shark and school shark are proposed to be landed by the licence holder.
(1D)Subregulation (1C) does not apply to an endorsed licence holder, or a person acting on behalf of the endorsed licence holder, if the endorsed licence holder—
(a)has installed on the boat used for taking the shark, a vessel monitoring system that complies with the conditions set out in Subdivision 1 of Division 2 of Part 17; and
(b)is operating the vessel monitoring system on the boat in compliance with those conditions.
(1E)Subregulations (1) and (1A) do not apply to a holder of a fishing concession authorising the possession of gummy shark or school shark issued under the Commonwealth Act.".
22Activities authorised by Western Port/Port Phillip Bay Fishery Access Licences
In regulation 273(b) of the Principal Regulations, for "lampara net, mesh net, mussel rake, octopus pot, purse seine net, seine net" substitute "mussel rake, octopus pot".
23Regulations 275, 279, 280 and 281 revoked
Regulations 275, 279, 280 and 281 of the Principal Regulations are revoked.
24Restrictions on use of certain commercial fishing equipment in certain places in or on Port Phillip Bay
In regulation 284(2) of the Principal Regulations omit "seine net or".
25Activities authorised by Wrasse (Ocean) Fishery Access Licences
After regulation 288(1)(c) of the Principal Regulations insert—
"(ca)the use, in specified waters, of any other equipment specified in the licence under regulation 43;".
26Regulation 330 substituted
For regulation 330 of the Principal Regulations substitute—
"330 Weighing and initial notification of details to the Victorian Fisheries Authority
The licence holder must, as soon as practicable after receiving abalone, but no more than 25 hours after the time of landing of the abalone, ensure that—
(a)each intact bin of abalone received is weighed; and
(b)the following details are provided to the Victorian Fisheries Authority via the fisheries notification service—
(i)the licence number of the Fish Receiver (Abalone) Licence;
(ii)the time, date and location at which the abalone was received, if received at a location other than the licensed premises;
(iii)the time and date at which the abalone was received at the licensed premises;
(iv)the licence number of the abalone fishery access licence in respect of which the abalone was received;
(v)the total gross weight (in kilograms) of each intact bin of abalone received (including the weight of the abalone, the bin, lid and any inserts).".
27New regulations 331A and 331B inserted
After regulation 331 of the Principal Regulations insert—
"331A Final notification of details to the Victorian Fisheries Authority
The licence holder must, as soon as practicable after complying with regulation 330, but no more than 25 hours after the time of landing of the abalone, ensure that the serial numbers of all bin tags affixed to the bins of abalone received are provided to the Victorian Fisheries Authority via the fisheries notification service.
331BRetrieval of information
If instructed to do so by the Victorian Fisheries Authority, the licence holder must retrieve information, via the fisheries notification service, in relation to any consignment of abalone that has been received.".
28Notification of nomination of licence holder by holder of individual abalone quota unit
Regulation 338(2)(g)(ii) of the Principal Regulations is revoked.
29Catch limits for fish other than giant crab
(1)For regulation 357(1)(c) of the Principal Regulations substitute—
"(c)in the case of an endorsed licence holder, a total combined number of 5 gummy shark and school shark (of which no more than one shark may be a school shark); or
(d)in the case of a non-endorsed licence holder, a total combined number of 2 gummy shark and school shark (of which no more than one shark may be a school shark).".
(2)After regulation 357(2) of the Principal Regulations insert—
"(3)Despite subregulation (1)(c) and (d), the licence holder must not take, or possess on board any boat, or land from any boat, any gummy shark or school shark in the period between the time a determination under regulation 50B comes into effect and the time it is revoked.
(4)If the licence is an endorsed licence, the licence holder must have a copy of the endorsement notice issued to the licence holder in their immediate possession at all times when taking, possessing, landing or transporting gummy shark or school shark taken under the endorsed licence.
(5)If the licence is an endorsed licence, the licence holder, or any person acting on behalf of the licence holder, must ensure that the following details are provided to the Victorian Fisheries Authority in the manner required by the Victorian Fisheries Authority, before landing any gummy shark or school shark that are permitted to be taken or possessed under the endorsed licence—
(a)the licence number of the endorsed licence;
(b)the date and time of the proposed landing of gummy shark or school shark by the licence holder;
(c)the number of gummy shark and school shark proposed to be landed by the licence holder;
(d)the port at which the gummy shark and school shark are proposed to be landed by the licence holder.
(6)Subregulation (5) does not apply to an endorsed licence holder, or a person acting on behalf of the endorsed licence holder, if the endorsed licence holder—
(a)has installed on the boat used for taking the shark, a vessel monitoring system that complies with the conditions set out in Subdivision 1 of Division 2 of Part 17; and
(b)is operating the vessel monitoring system on the boat in compliance with those conditions.
(7)Subregulations (1)(c) and (d) and (3) do not apply to a holder of a fishing concession authorising the possession of gummy shark or school shark issued under the Commonwealth Act.".
30New Division 2A of Part 10 inserted
After Division 2 of Part 10 of the Principal Regulations insert—
'Division 2A—Recreational rock lobster notification and reporting
374AApplication of Division
This Division does not apply to—
(a)the holder of a rock lobster fishery access licence, or a person acting on behalf of that licence holder, when carrying out any fishing activities authorised by the licence; or
(b)the holder of, or a person who is acting on behalf of the holder of, a general permit authorising the taking or possession of rock lobster; or
(c)a person who has received rock lobster from a person referred to in paragraph (a) or (b); or
(d)a person who is in possession of rock lobster and the rock lobster is accompanied by a fish receipt or a catch disposal record issued to the person in respect of that rock lobster.
374BDefinitions
In this Division—
digital tag number means a unique identifier issued via the recreational rock lobster notification and reporting system to be assigned to a rock lobster that has been taken;
recreational rock lobster notification and reporting system means—
(a)the Internet application (including any automated response system which captures the information provided) provided by the Victorian Fisheries Authority that is known as the "GoFishVic app" through which—
(i)a person may notify their intention to the Victorian Fisheries Authority to take rock lobsters for recreational purposes during the open season for rock lobster; and
(ii)a person may provide information to the Victorian Fisheries Authority for each rock lobster that has been taken; and
(iii)a digital tag number is issued; and
(iv)the Victorian Fisheries Authority may provide confirmation to a person of the receipt of information provided by the person to the Victorian Fisheries Authority under these Regulations; or
(b)if the Internet application is not available, an alternative system approved by the Victorian Fisheries Authority through which any of the matters specified in paragraph (a) may be notified, provided or issued.
374CNotification of intention to take rock lobster for recreational purposes
Before a person takes rock lobster for the first time in the open season for rock lobster, other than for the purposes of sale, the person must notify their intention to take rock lobster during that season via the recreational rock lobster notification and reporting system in the manner required by the Victorian Fisheries Authority before taking the rock lobster.
374DReporting rock lobster for recreational purposes
(1)A person must provide to the Victorian Fisheries Authority via the recreational rock lobster notification and reporting system, no more than 7 days after taking and landing rock lobster other than for the purposes of sale, the following information for each rock lobster taken—
(a)a digital tag number assigned to the rock lobster;
(b)the location at which the tag was used;
(c)the date the rock lobster was taken;
(d)the carapace length of the rock lobster to which the digital tag is assigned;
(e)the sex of the rock lobster to which the digital tag is assigned.
Penalty:20 penalty units.
(2)Subregulation (1) does not apply to a person under the age of 18 years who is directly supervised by a person to whom subregulation (1) applies.
374EPossession of rock lobster that has not been reported
A person who has taken rock lobster must not be in possession of the rock lobster anywhere in Victoria unless the person has complied with regulations 374C and 374D in respect of that rock lobster.
Penalty:20 penalty units.
Notes
1 Any person who complies with regulation 374C is subject to the catch limits for rock lobster that are set out in regulation 367 and subject to all of the provisions relating to the taking of rock lobsters in regulations 360 to 374.
2 There are offences in sections 68A and 68B of the Act relating to taking or possessing fish of a species in excess of the catch limit in these Regulations specified for that species of fish. Various penalties apply.'.
31Regulation 386 substituted
For regulation 386 of the Principal Regulations substitute—
"386 Catch limits for fish other than rock lobster
(1)The licence holder, on any one day, must not take from Victorian waters, or possess in, on or next to Victorian waters, more than—
(a)8 wrasse; or
(b)2 banded morwong; or
(c)in the case of an endorsed licence holder, a total combined number of 5 gummy shark and school shark (of which no more than one shark may be a school shark); or
(d)in the case of a non-endorsed licence holder, a total combined number of 2 gummy shark and school shark (of which no more than one shark may be a school shark).
(2)Despite subregulation (1)(c) and (d), the licence holder must not take, or possess on board any boat, or land from any boat, any gummy shark or school shark in the period between the time a determination under regulation 50B comes into effect and the time it is revoked.
(3)If the licence is an endorsed licence, the licence holder must have a copy of the endorsement notice issued to the licence holder in their immediate possession at all times when taking, possessing, landing or transporting gummy shark or school shark taken under the endorsed licence.
(4)If the licence is an endorsed licence, the licence holder, or any person acting on behalf of the licence holder, must ensure that the following details are provided to the Victorian Fisheries Authority in the manner required by the Victorian Fisheries Authority, before landing any gummy shark or school shark that are permitted to be taken or possessed under the endorsed licence—
(a)the licence number of the endorsed licence;
(b)the date and time of the proposed landing of gummy shark or school shark by the licence holder;
(c)the number of gummy shark and school shark proposed to be landed by the licence holder;
(d)the port at which the gummy shark and school shark are proposed to be landed by the licence holder.
(5)Subregulation (4) does not apply to an endorsed licence holder, or a person acting on behalf of the licence holder, if the endorsed licence holder—
(a)has installed on the boat used for taking the shark, a vessel monitoring system that complies with the conditions set out in Subdivision 1 of Division 2 of Part 17; and
(b)is operating the vessel monitoring system on the boat in compliance with those conditions.
(6)Subregulations (1)(c) and (d) and (2) do not apply to a holder of a fishing concession authorising the possession of gummy shark or school shark issued under the Commonwealth Act.".
32Required form of documentation for sale of fish
After regulation 450(2) of the Principal Regulations insert—
"(2A)Subregulation (2)(d), (e) and (g) do not apply if the fish are given to a person solely for transportation for reward or for storage for reward, if that person is not the purchaser of the fish and the seller of the fish ensures the details specified in subregulation (2)(d), (e) and (g) are given to the purchaser of the fish.
(2B)Subregulations (2)(d) and (g) do not apply if the fish are abalone and the sale is not for the purposes of resale, processing for reward, transportation for reward, or storage for reward.".
33Schedule 5 substituted
For Schedule 5 to the Principal Regulations substitute—
"Schedule 5—Octopus commercial fishing management zones
Regulation 5
".
34Part 1 of Schedule 6 substituted
For Part 1 of Schedule 6 to the Principal Regulations substitute—
"Part 1—Sea urchin commercial fishing management zones
Regulation 5
Note
The Port Phillip Bay sea urchin zone does not include Swan Bay.".
35Part 1 of Schedule 8 substituted
For Part 1 of Schedule 8 to the Principal Regulations substitute—
"Part 1—Pipi commercial fishing management zones
Regulation 5
".
36Schedule 9 substituted
For Schedule 9 to the Principal Regulations substitute—
"Schedule 9—Rock lobster zones
Regulation 5
".
37Schedule 10 substituted
For Schedule 10 to the Principal Regulations substitute—
"Schedule 10—Snapper zones
Regulation 5
".
38Schedule 12 substituted
For Schedule 12 to the Principal Regulations substitute—
"Schedule 12—Murray cod waters
Regulation 5
Albert Park Lake
Barkers Creek Reservoir (Harcourt)
Benalla Lake
Big Meran Lake
Boga Lake
Booroopki Swamp
Buffalo Lake
Cairn Curran Reservoir
Casey Fields Lake, Cranbourne East
Charlegrark Lake
Charm Lake
Cullulleraine Lake
Eildon Lake
Eppalock Lake
First Reedy Lake
Greens Lake
Hume Lake
Kangaroo Lake
Karkarook Lake
Kow Swamp
Laanecoorie Reservoir
Lascelles Lake
Lauriston Reservoir, Kyneton
Melton Reservoir, Melton
Moodemere Lake
Nagambie Weir (including all impounded waters upstream of Nagambie Weir to Chinamans Bridge on the Goulburn River and including Lake Nagambie)
Navan Park Lake, Melton
Nillahcootie Lake
Rocklands Reservoir
Roxburgh Park Lake
Spavin Lake, Sunbury
Taylors Lake
Upper Coliban Reservoir, Tylden
Victoria Lake (Shepparton)
Walkers Lake
Waranga Basin".
39Part 2 of Schedule 14 substituted
For Part 2 of Schedule 14 to the Principal Regulations substitute—
"Part 2—Scallop commercial fishing exclusion zone at Rye
Regulation 5
".
40Schedule 16—Definitions of fisheries
Item 7 of the Table in Schedule 16 to the Principal Regulations is revoked.
41Schedule 17—Base number of licences for purposes of calculating maximum number of licences
Item 9 of the Table in Schedule 17 to the Principal Regulations is revoked.
42Schedule 21 substituted
For Schedule 21 to the Principal Regulations substitute—
"Schedule 21—Western Port/Port Phillip Bay ports and mooring areas
Regulation 81(1)(f)
Altona Boat Ramp Car Park
Anthony's Nose Boat Ramp (Dromana)
Avalon Beach Boat Ramp
Black Rock Boat Ramp
Clifton Springs Boat Ramp
Corinella Boat Ramp
Cowes Jetty
Cowes West Boat Ramp
Fishermans Beach Boat Ramp
Fishermans Wharf Yarra Street
Flinders Boat Ramp
Grammar School Lagoon Boat Ramp
Hastings Boat Ramp
Indented Head Boat Ramp
Kananook Creek Boat Ramp
Kirks Point Boat Ramp
Limeburners Point Boat Ramp
Maddox Road (Williamstown)
Martha Cove
Mordialloc Boat Ramp
Mornington Boat Ramp (Schnapper Point)
Newhaven Boat Ramp
Newport (Warmies) Boat Ramp
North Road Boat Ramp
Olivers Hill Boat Ramp
Patterson River Boat Ramp
Point Richards Boat Ramp
Portarlington Pier
Queenscliff Boat Ramp
Queenscliff Wharf
Rhyll Boat Ramp
Rye Boat Ramp
Safety Beach Boat Ramp
St Helens Boat Ramp
St Kilda Marina Carpark
St Kilda Pier
St Leonards Boat Ramp
St Leonards Pier
Sandringham Port
San Remo Fishermans Wharf
Sorrento Boat Ramp
Stoney Point Boat Ramp
Swan Bay Boat Ramp
Tootgarook Boat Ramp
Warneet Boat Ramp
Werribee South Boat Ramp
Wyndham Harbour Boat Ramp
Yaringa Boat Ramp".
43Schedule 23 revoked
Schedule 23 to the Principal Regulations is revoked.
44Schedule 24—Minimum and maximum sizes and catch limits for fish (other than abalone, giant crab, noxious aquatic species, rock lobster, salmonids, scallop and sea urchin)
(1)In item 73 of the Table in Schedule 24 to the Principal Regulations, for "taxon or community of fauna that is listed as threatened under section 10" substitute "listed taxon of fauna or a listed community of flora or fauna within the meaning".
(2)For Note 1 at the foot of the Table in Schedule 24 to the Principal Regulations substitute—
"1Section 52 of the Flora and Fauna Guarantee Act 1988 provides that a person must not take, trade in or keep any fish that is a member of part of a listed taxon of fauna or listed community of flora or fauna without a licence or permit under section 53 of that Act or an authorisation under section 53A of that Act.".
45Schedule 27—Species of fish that may be taken by holders of certain access licences
In Schedule 27 to the Principal Regulations omit "205,".
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Endnotes
[1] Reg. 4: S.R. No. 163/2019 as amended by S.R. No. 51/2020.
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Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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