Fisheries (Recreational and Miscellaneous) Regulations 2003 (Vic)

Fisheries (Recreational and Miscellaneous)

Regulations 2003

S.R. No. 24/2003

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provision	1
3.	Principal Regulations	1
4.	Amendment to definition of "carcass"	1
5.	Adjustment numbers of fishery access licences	2
6.	Reference to the Fisheries Act 1995	2
7.	Catch limits	2
8.	Prohibition on use of spear gun	3
9.	Elephant fish and spiny freshwater crayfish to be landed in
carcass form	3
10.	Use of rods and lines when yabby fishing	3
11.	Escape gap for rock lobster or giant crab pot to be unobstructed	4

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ENDNOTES 5

i

STATUTORY RULES 2003

S.R. No. 24/2003

Fisheries Act 1995

Fisheries (Recreational and Miscellaneous)

Regulations 2003

The Governor in Council makes the following Regulations:
Dated: 25 March 2003

Responsible Minister:

BOB CAMERON

Minister for Agriculture

HELEN DOYE

Clerk of the Executive Council

1. Objective

The objective of these Regulations is 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.

4. Amendment to definition of "carcass"

In regulation 105(2) of the Principal Regulations, in the definition of "carcass"—

(a) in paragraph (a), after "shark" (where twice occurring) insert "or elephant fish";

Fisheries (Recreational and Miscellaneous) Regulations 2003

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S.R. No. 24/2003

(b) in paragraph (b), after "the fish;" insert "and";

(c) after paragraph (b) insert—

"(c) in relation to spiny freshwater crayfish,

the body of a crayfish which—

(i)  is not cut in any way other than to remove one or more legs or claws; or

(ii)  is not mutilated in any way other than the absence of one or more legs or claws;".

5. Adjustment numbers of fishery access licences

In regulation 238(2)(a) of the Principal
Regulations, after "renewed" insert "within the
2 month period immediately following the date on
which any fee, royalty or levy was due in respect

of the licences".

6. Reference to the Fisheries Act 1995

In regulation 404(1) of the Principal Regulations, for "section 45" substitute "section 44".

7. Catch limits

(1) In regulation 503 of the Principal Regulations—

(a)	in sub-regulations (1), (2) and (3), after "purposes of" insert "section 68A of";
(b)	in the Table in sub-regulation (1), after the item relating to "Snapper" insert—

"Southern

bluefin tuna 2 2";
(c)	"Salmonids (brown trout, rainbow trout, Atlantic trout and chinook salmon"

in the Table in sub-regulation (3), for trout, Atlantic salmon and chinook salmon";

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(d) in sub-regulation (7), for "68A(5)(b)" substitute "68A(4A) or 68A(4B)".

(2) In regulation 504 of the Principal Regulations, for "The" substitute "For the purposes of section 68A of the Act, the".

8. Prohibition on use of spear gun

In regulation 507(1)(c) of the Principal

Regulations—

(a) in sub-paragraph (ii), for "and Wingan or Curdies Inlet; and" substitute "Wingan Inlet, Curdies Inlet; or";

(b) after sub-paragraph (ii) insert—

"(iii) within 30 metres of any jetty or the

mouth of any creek or river; and".

9.  Elephant fish and spiny freshwater crayfish to be landed in carcass form

In regulation 520 of the Principal Regulations—

(a)	in sub-regulation (1), after "shark" insert "or elephant fish";
(b)	in sub-regulation (2), for ", eels (longfinned and shortfinned) or elephant fish" substitute "or eels (longfinned and shortfinned)";
(c)	in sub-regulation (3), after "silver perch" insert ", spiny freshwater crayfish".

10. Use of rods and lines when yabby fishing

At the end of regulation 528 of the Principal
Regulations insert—

"(5) Despite sub-regulation (2), when yabby fishing, a person may use not more than 10 baited lines with no hooks attached in inland waters.".

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11.  Escape gap for rock lobster or giant crab pot to be unobstructed

In regulation 631(4) of the Principal

Regulations—

(a) in paragraph (b)(ii), for "depth." substitute "depth; and";

(b) after paragraph (b)(ii) insert—

"(c) remain unobstructed and open at all

times.".

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Fisheries (Recreational and Miscellaneous) Regulations 2003

Endnotes S.R. No. 24/2003

ENDNOTES

1 Reg. 3: S.R. No. 23/1998. Reprint No. 2 as at 22 May 2001. Reprinted to

S.R. No. 43/2001 and subsequently amended by S.R. Nos 78/2001,
118/2001, 145/2001, 19/2002, 63/2002 and 78/2002.