Fisheries (Recreational Fishing) Regulations 2001 (Vic)
Fisheries (Recreational Fishing) Regulations 2001
S.R. No. 78/2001
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1 2. Authorising provision 2 3. Principal Regulations 2 4. Commencement 2 5. Amendment to definitions 2 6. Minimum size of Mulloway 2 7. Amendments to catch limits 2 8. Closed season for salmonids 9 9. Use of yabby pots prohibited 10 10. Possession of yabby pots prohibited 10 11. Offence to land salmonids other than in the form of a carcass 11 12. Exemption to offence to use or possess certain equipment 11 13. New regulation 533A inserted 11
533A. Offence to use or possess a line and hook in certain
inland waters during the salmonid closed season 12
14. New regulation 535 substituted 12 535. Offence to fish or possess certain equipment in certain
inland waters 13
15. New regulation 544 inserted 13
544. Offence to remove roe from sea urchins 13
16. Amendments to use or possession of yabby pots 14 17. Amendments to Schedule 11 14
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ENDNOTES 18
i
STATUTORY RULES 2001
S.R. No. 78/2001
Fisheries Act 1995
Fisheries (Recreational Fishing) Regulations 2001
The Governor in Council makes the following Regulations:
Dated: 7 August 2001Responsible Minister:
CANDY BROAD
Minister for Energy and Resources
HELEN DOYE
Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are—
(a)
to impose new limits on the recreational taking or possession of certain fish from the whole or part of Victoria; and
(b)
to make amendments in relation to the closed season for salmonids; and
(c)
to prohibit the use and possession of yabby pots; and
(d)
to prohibit the use or possession of a line and hook in, on or next to certain inland waters during the salmonid closed season; and
(e)
to make other minor amendments to the Fisheries Regulations 1998.
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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. Commencement
These Regulations come into operation on
1 September 2001.
5. Amendment to definitions
(1) In regulation 105(2) of the Principal Regulations, in the definition of "bait trap", for "20 centimetres wide" substitute "23 centimetres wide".
(2) In regulation 105(2) of the Principal Regulations
insert—
' "daily bag limit" means the maximum numberor other specified quantity of fish or fishing bait that may be taken by a person in 1 day;
"possession limit" means the maximum number or other specified quantity of fish or fishing bait that may be in the possession of a
person;'.
6. Minimum size of Mulloway
In the Table in regulation 501(1) of the Principal Regulations, after the item relating to "Macquarie perch" insert "Mulloway 50".
7. Amendments to catch limits
(1) In regulation 503(1) of the Principal
Regulations—
(a)
for "daily catch limit" substitute "catch limit"; and
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(b) for "bag limit" substitute "daily bag limit".
(2) For the Table in regulation 503(1) of the Principal Regulations substitute—
"Table
Column 1 Column 2 Column 3 Daily bag limit Possession limit (number of fish (number of fish unless otherwise unless otherwise Fish specified) specified) Abalone 10 (of which no 10 (of which no
more than more than 2 fish may be 2 fish may be greenlip greenlip abalone) abalone)
Australian
bass 2 2 Australian salmon and Tommy ruff 20 20 Boarfish (all species) 1 1 Bream (all species) 10 10 Butterfish (dusky morwong) 5 5 Crabs (all species other than sand 5 litres (or, if 5 litres (or, if crabs and red parts or parts or shore crabs) crushed, 1 litre) crushed, 1 litre) Eel (all species) 10 10 Elephant fish 3 3 Estuary perch 10 (of which no 10 (of which no (and more than more than Australian 2 fish may be 2 fish may be bass) Australian Australian bass) bass)
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Column 1 Column 2 Column 3 Daily bag limit Possession limit (number of fish (number of fish unless otherwise unless otherwise Fish specified) specified) Flathead 30 (of which no 30 (of which no (all species) more than more than 2 fish may be 2 fish may be equal to or equal to or exceed exceed 60 centimetres 60 centimetres in length) in length) Flounder (all species) 20 20 Garfish (all species) 40 40 Greenlip abalone 2 2 King George whiting 20 20 Luderick (blackfish) 10 10 Macquarie perch 10 10 Molluscs (all species other than abalone, mussels,
5 litres (or, if
5 litres (or, if
scallops and shucked, 1 litre) shucked, 1 litre) cephalopods) Mullet (all species) 40 40 Mulloway 10 10 Murray Cod 2 2 Mussels 10 litres (or, if 10 litres (or, if
shucked, shucked, 1 litre) 1 litre)
Rock lobster 2 4
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Column 1 Column 2 Column 3 Daily bag limit Possession limit (number of fish (number of fish unless otherwise unless otherwise Fish specified) specified) Sand crabs and red shore crabs 30 30 Sand worms and other marine worms (all species) 1 litre 1 litre Scale fish (all species other than bait
species and noxious species) 40 40 Scallop 100 100 Seahorses, seadragons and pipefish 0 (protected) 0 (protected) Sea urchin (all species) 20 20 Shark (all species other than gummy, school,
elephant fish and great white) 1 per species 1 per species Shark (great white) 0 (protected) 0 (protected) Shark (school and gummy) 2 2 Silver trevally 20 20 Skates and rays (all species) 5 5
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Column 1 Column 2 Column 3 Daily bag limit Possession limit (number of fish (number of fish unless otherwise unless otherwise Fish specified) specified) Snapper 10 (of which no 10 (of which no
more than more than 3 fish may be 3 fish may be equal to or equal to or exceed exceed 50 centimetres 50 centimetres in length) in length)
Squid
(including calamari), octopus and
cuttlefish
(all species) 10 10 Warehou (haddock) (all species)
20
20
Wrasse (all species) 5 5 Yabby 20 litres (or, if 20 litres (or, if (freshwater) tailed, 5 litres) tailed, 5 litres) Yellowtail kingfish 5 5".
(3) Before regulation 503(2) of the Principal
Regulations insert—
'(1A) For the purposes of the Table in
sub-regulation (1)—
"bait species" means anchovy, garfish,
gudgeon, blue mackerel, jack mackerel,
yellowtail scad, minnow, mullet,
pilchard and sprat.'.
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(4) For regulation 503(3) of the Principal Regulations
substitute—
"(3) For the purposes of the Act, the catch limit
with respect to the taking from, or possession column 4 of the Table opposite that fish.
in, on or next to the waters specified in
column 2 of the Table below, of the fish
specified in column 1 of the Table, is the
daily bag limit specified in column 3 of theTable
Column 1 Column 2 Column 3 Column 4 Daily bag Possession limit (number limit (number of fish unless of fish unless Waters taken otherwise otherwise Fish from specified) specified) Blackfish Waters south (River of the Great blackfish) Dividing Range 5 5 Salmonids (a) All A total of A total of (brown Victorian 10 salmonids 10 salmonids trout, lakes and rainbow reservoirs trout, other than Atlantic those trout and specified in chinook Parts A and salmon) B of
Schedule 11
(b) Inland A total of A total of waters 10 salmonids 10 salmonids specified in of which no of which no Part A of more than 5 more than 5 Schedule 11 may be less may be less than 30 than 30 centimetres in centimetres in length length
Column 1 Column 2 Column 3 Column 4
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S.R. No. 78/2001 r. 7
Daily bag Possession limit (number limit (number of fish unless of fish unless
Waters taken otherwise otherwise
Fish from specified) specified) (c) Inland A total of A total of
waters 5 salmonids 5 salmonids specified in
Part B of
Schedule 11(d) All A total of A total of Victorian 5 salmonids of 5 salmonids of rivers and which no which no streams more than 2 more than 2 may be more may be more than 35 than 35 centimetres in centimetres in length length
Spiny (a) Glenelg 5 (of which no 5 (of which no freshwater River more than more than crayfish system and 1 fish may be 1 fish may be all its equal to or equal to or tributaries exceed 11 exceed 11 centimetres centimetres carapace carapace length) length)
(b) Victorian 5 (of which no 5 (of which no waters more than more than other than 1 fish may be 1 fish may be the Glenelg equal to or equal to or River exceed 12 exceed 12 system and centimetres centimetres all its carapace carapace tributaries length) length)
(3A) For the purposes of the catch limits specified
in the Table in sub-regulation (3), the
boundary between a lake or reservoir and a
river or stream flowing into the lake or
reservoir is the point at which the flowing
water of the river or stream meets the backed
up waters of the lake or reservoir, regardless
of the water level of the lake or reservoir.".
(5) After regulation 503(8) of the Principal
Regulations insert—
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"(9) Despite sub-regulation (1), a person must not
be in or on a vehicle in or on which there
are—
(a) 2 or more other people; and
(b) more than 15 litres (or 3 litres, if shucked) of molluscs (other than abalone, mussels, scallops or cephalopods).
(10) Sub-regulation (9) does not apply to—
(a) the holder of an access licence or a person acting under that licence; or (b) a person acting in accordance with an authority of the Secretary under regulation 505; or (c) than abalone, mussels, scallops or
cephalopods) from the holder of ana person who obtains molluscs (other commercial source.
(11) A reference to a car, boat or vehicle in this regulation includes a reference to anything attached to, or towed by, the car, boat or
vehicle.".
8. Closed season for salmonids
(1) In the Table in regulation 506(1) of the Principal Regulations—
(a)
omit the item relating to "Brown trout Chinook salmon Rainbow trout"; and
(b)
after the item relating to "Rock lobster (male)" insert—
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S.R. No. 78/2001
"Salmonids All inland From midnight (brown trout, waters except on the Monday rainbow trout, the inland of the Queen's Atlantic waters Birthday salmon, specified in weekend in chinook Part C of June each year, salmon) Schedule 11, to midnight on lakes and the Friday reservoirs before the first
Saturday in
September each
year".(2) In regulation 506(3) of the Principal Regulations,
for "brown trout, chinook salmon and rainbow
trout" (where twice occurring) substitute
"salmonids (brown trout, rainbow trout, Atlantic
salmon and chinook salmon)".
(3) After regulation 506(3) of the Principal
Regulations insert—
"(3A) For the purposes of the salmonid closed
season specified in the Table in sub-
regulation (1), the boundary between a lake
or reservoir and a river or stream flowing
into the lake or reservoir is the point at
which the flowing water of the river or
stream meets the backed up waters of the
lake or reservoir, regardless of the water
level of the lake or reservoir.".
9. Use of yabby pots prohibited
After regulation 507(1)(t) of the Principal
Regulations insert—"; and (u) a yabby pot in inland waters.".
10. Possession of yabby pots prohibited
Fisheries (Recreational Fishing) Regulations 2001
S.R. No. 78/2001
After regulation 508(1)(c) of the Principal
Regulations insert—
"; and
(d) a yabby pot in, on or next to inland waters.".
11. Offence to land salmonids other than in the form of a carcass
(1) In regulation 520(2) of the Principal Regulations, omit "salmonids (Brown trout, Rainbow trout and Chinook salmon),".
(2) After regulation 520(2) of the Principal
Regulations insert—
"(3) A person must not in, on or next to inlandwaters, possess any salmonids (brown trout, rainbow trout, Atlantic salmon and chinook salmon) in any form other than in the form of
a carcass.
Penalty: 20 penalty units.".
12. Exemption to offence to use or possess certain equipment
In regulation 533(2) of the Principal Regulations for "Sub-regulation (1)(b) does not apply to a person who uses a light in conjunction with a hand-held spear" substitute "Sub-regulation (1) does not apply to a person".
13. New regulation 533A inserted insert—
Fisheries (Recreational Fishing) Regulations 2001
S.R. No. 78/2001 r. 14 "533A. Offence to use or possess a line and hook in
certain inland waters during the salmonid
closed season
From midnight on the Monday of the to midnight on the Friday before the first Saturday in September each year, a person must not use or possess a line and hook—
(a) in or on—
(i) the Goulburn River and its tributaries upstream of the Trawool Bridge to the fishing
boundary posts situated
200 metres downstream of the
Eildon Pondage Weir release
gates; and(ii) the Mitta Mitta River and its tributaries upstream of Peters Bridge (Tallandoon) to the
Dartmouth Pondage; and
(iii) the Kiewa River and its tributaries upstream of Keegan's Bridge (near Dederang); and
(iv) the Tanjil River and its tributaries upstream of its junction with the Latrobe River, to the Blue Rock Dam; and
(b)
within 20 metres inland of the banks of the waters referred to in paragraph (a).
Penalty: 20 penalty units.".
14. New regulation 535 substituted
For regulation 535 of the Principal Regulations substitute—
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"535. Offence to fish or possess certain
equipment in certain inland waters
A person must not fish or possess recreational fishing equipment—
(a) in or on—
(i) way over the Eildon Pondage
Weir water release gates to thethe Goulburn River from the walk 200 metres downstream; and
(ii) between the retaining wall of
Ryan's Creek and Loombah Weir wall of McCallsay Weir; and
(iii) Seven Creeks between the
retaining wall of Polly McQuinns
Dam and the Galls Gap Road
Bridge which crosses Seven
Creeks downstream from its
junction with Watchbox Creek;
and
(b)
within 20 metres inland of the banks of the waters referred to in paragraph (a).
Penalty: 20 penalty units.".
15. New regulation 544 inserted
After regulation 543 of the Principal Regulations insert—
"544. Offence to remove roe from sea urchins
(1) A person must not in, on or next to Victorian
waters—
(a)
remove roe or any other soft tissues from the shell of sea urchins; or
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(b)
be in possession of roe or any other soft tissues which have been removed from the shell of sea urchins.
Penalty: 20 penalty units.
(2) Sub-regulation (1) does not apply to the
holder of a general permit issued by theSecretary under section 49 of the Act.".
16. Amendments to use or possession of yabby pots
(1) Regulation 632 of the Principal Regulations is
revoked.
(2) For regulation 633(2) of the Principal Regulations
substitute—
"(2) Despite anything to the contrary in Part 4 of
the Act, a person may possess 3 yabby pots
in any area of Victoria other than in, on ornext to any inland waters.".
17. Amendments to Schedule 11
(1) In the heading to Schedule 11 to the Principal
Regulations, for "TROUT WATERS" substitute
"SALMONID WATERS".
(2) In Part A of Schedule 11 to the Principal
Regulations—
(a) for "Barwon River" substitute "Barkers Creek Reservoir"; (b) after "Beaufort Lake" insert "Berwick Springs Estate Lake"; (c) omit "Campaspe River (upstream of Lake Eppalock)"; (d) omit "Hanging Rock Lake"; (e) omit "Harcourt Reservoir"; (f) omit "Hollands Creek";
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(g) omit "Hopkins River";
(h) omit "King River (downstream of Lake William Hovell)"; (i) after "Konongwootong Reservoir" insert
"Lake Banimboola";(j) after "Lake Batyo Catyo" insert— "Lake Bolac
Lake Bullen Merri";(k) after "Lake Cartcarrong" insert— "Lake Colongulac
Lake Eildon";(l) omit "Lang Lang River"; (m) omit "Macalister River"; (n) omit "Merri River";
(o) omit "Mt. Emu Creek"; (p) omit "Rainbow Creek"; (q) omit "Ryans Creek";
(r) omit "Tarwin River (East Branch)";
(s) after "Toolondo Reservoir" insert
"Tullaroop Reservoir";(t)
after "Wombat Reservoir" insert "Wurdi Boluc Reservoir".
(3) In Part B of Schedule 11 to the Principal
Regulations—
(a)
before "Alexandra Lake (Ararat)" insert "Albert Park Lake (Albert Park)";
(b)
after "Caulfield Racecourse Lake (Caulfield)" insert "Charlies Dam (Bairnsdale)";
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(c) after "Guyatt Lake (Sale)" insert "Hanging Rock Lake (Hanging Rock)"; (d) after "Kennington Reservoir (Bendigo)"
insert "King Lake (Rutherglen)";(e) after "Lake Glenrowan (Hamilton Park Estate)" insert "Lake Gutheridge (Sale)"; (f) after "Police Paddock Dam (Horsham)" insert "Rable Park (Murtoa)"; (g) after "Rawson Dam (Rawson)" insert "Rotary Park (Bendigo)"; (h) after "St Georges Lake (Creswick)" insert "Sambell Lake (Beechworth)"; (i) after "Tea Tree Lake (Mortlake)" insert—
"Tom Thumb Lake (Eaglehawk)
Trudy's Dam (Bairnsdale)
Victoria Lake (Ballarat)";(j)
after "Weeroona Lake (Bendigo)" insert (Whittlesea)".
(4) For Part C of Schedule 11 to the Principal
Regulations substitute—
"PART C
Inland waters for the purposes of the Table in regulation
506(1)
Aire River (downstream of the Great Ocean Road)
Avon River (downstream of the Stratford Railway Bridge)
Ford River (downstream of the Great Ocean Road)
Gellibrand River (downstream of the Great Ocean Road)
Merri River (downstream of the Dennington Railway Bridge)
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Mitchell River (downstream of the Princes Highway Bridge at Bairnsdale)
Tambo River (downstream of the Bruthen Road Bridge)".
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Fisheries (Recreational Fishing) Regulations 2001
Endnotes
S. R. No. 78/2001 ENDNOTES
1 Reg. 3: S.R. No. 23/1998. Reprint No. 2 as at 22 May 2001.
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