Fisheries (Port Phillip Bay Temporary Closure of Area to Fishing) Regulations 1997 (Vic)

Fisheries (Port Phillip Bay - Temporary Closure of

Area to Fishing) Regulations 1997

S.R. No. 83/1997

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provision	1
3.	Definitions	1
4.	Closure of area to fishing with the use of certain fishing
equipment	3
5.	Offence to have on board a boat or to use or possess specified
commercial fishing equipment in the closed area	4
6.	Offence to use or possess specified fishing equipment in the
closed area	4
7.	Exemption from operation of Regulations	4
8.	Expiry	5

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STATUTORY RULES 1997

S.R. No. 83/1997

Fisheries Act 1968

Fisheries (Port Phillip Bay - Temporary Closure of

Area to Fishing) Regulations 1997

The Governor in Council makes the following Regulations:
Dated: 5 August 1997

Responsible Minister:

PATRICK McNAMARA

Minister for Agriculture and Resources

SHARNE BRYAN

Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are—

(a) to protect fish and their habitat; and

(b) to provide for orderly fishing and management of fishing grounds—

in Victorian waters by temporarily closing to
fishing, by the use of certain fishing equipment,
an area of Port Phillip Bay affected by the marine

weed Undaria.

2. Authorising provision

These Regulations are made under section 81 of the Fisheries Act 1968.

3. Definitions

In these Regulations—

Fisheries (Port Phillip Bay - Temporary Closure of Area to
Fishing) Regulations 1997

r. 3 S.R. No. 83/1997

"Act" means the Fisheries Act 1968;

"closed area" means the area described in

regulation 4;

"specified commercial fishing equipment"

means—

(a)	any fish trap, crayfish pot, dredge, longline, hoop net or any kind of fishing net; or
(b)	any electrical or sonar device that is designed for use, or is capable of being used, for or in connection with the taking of fish; or
(c)	any other device or mechanical contrivance that is designed for use, or is capable of being used, for or in connection with the taking of fish (including any tipper used in connection with a scallop dredge); or
(d)	any pot or net not more than 90 centimetres long nor more than 30 centimetres high nor more than 90 centimetres wide, which is designed for use, or is capable of being used, for or in connection with the taking of yabbies; or
(e)

any drop line or fishing line left fixed set from the shore or from a buoy or other object (including fishing lines, hooks and snoods designed to be so left or fixed, but not including handlines and rods and reels); or

(f) any rod and line, handline, dip net, shrimp or minnow trap, landing net, gaff, spear gun, hand held spear,

Fisheries (Port Phillip Bay - Temporary Closure of Area to
Fishing) Regulations 1997

S.R. No. 83/1997	r. 4
or other amateur fishing equipment when being used by, or under the supervision of, the holder of a commercial fishing licence under Part
amateur hoop net, hauling net, mesh net operation—

but does not include commercial abalone
equipment unless, in a particular case, that
equipment is also designed for use, or is
capable of being used, for or in connection
with the commercial taking of fish other than

abalone;

"specified fishing equipment" means—

(a) commercial abalone equipment; or

(b) rod and line, handline, mussel rake, dip net, landing net, gaff, spear gun, hand held spear, amateur hoop net or any implement designed for or capable of being used for the taking of abalone or any other fish;

"use" includes attempt to use or assist in the use

of.

4.  Closure of area to fishing with the use of certain fishing equipment

The area of Port Phillip Bay located to the north- east of Point Wilson, being all that area of water and marine underwater terrain enclosed within a line commencing at the high water mark on the

shoreline at 38°04'90"; 144°30'65", then running
due east to an illuminated marker located at
38°04'90"; 144°31'00", then running due east to an
illuminated marker located at 38°04'90";
144°32'00", then running due north to an
illuminated marker located at 38°03'90";

Fisheries (Port Phillip Bay - Temporary Closure of Area to
Fishing) Regulations 1997

r. 5 S.R. No. 83/1997

144°32'00", then running due north to an
illuminated marker located at 38°03'00";
144°32'00", then running due north to the high
water mark on the shoreline at 38°02'80";

144°32'00", is closed to fishing—

(a) by the use of specified commercial fishing equipment; and

(b) by the use of specified fishing equipment.

5.

Offence to have on board a boat or to use or to closed area

(1) A person who has under his or her control a boat with specified commercial fishing equipment on board or attached to the boat must not enter into or

remain in the closed area.

Penalty: 10 penalty units.

(2) A person must not use or possess specified

commercial fishing equipment in the closed area.
Penalty: 10 penalty units.

6.  Offence to use or possess specified fishing equipment in the closed area

A person must not use or possess specified fishing
equipment in the closed area.

Penalty: 10 penalty units.

7. Exemption from operation of Regulations

These Regulations do not apply to—

(a)	an authorised officer acting in the course of his or her duty; or
(b)	a person authorised in writing by the Secretary to undertake research or control work in the closed area, in accordance with the directions of the Secretary.

Fisheries (Port Phillip Bay - Temporary Closure of Area to
Fishing) Regulations 1997

S.R. No. 83/1997 r. 8

8. Expiry

These Regulations expire on 23 January 1998.

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