Fisheries Regulations 2019 (Vic)

Version No. 006

Fisheries Regulations 2019

S.R. No. 163/2019

Version incorporating amendments as at

1 July 2023

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Revocations

5Definitions

6Additional types of fishing equipment prescribed for the purposes of the Act

7Definitions of fisheries

8References to geographic coordinates

9Interpretation of periods of time

10Methods of measurement of fishing nets and mesh sizes

11Method of measuring bait jig hook

12Method of identifying boundary between waters of lakes and rivers

13Application of these Regulations to traditional owners

Part 2—Commercial fishery licences

Division 1—Classes of commercial fishery licence

14Classes of access licence

15Class of fish receiver licence

16Classes of aquaculture licence

Division 2—Administration of commercial fishery licences

Subdivision 1—Classes of licence prescribed for certain purposes

17Classes of commercial fishery licence that are transferable

18Classes of commercial fishery licence that may be held by a corporation

19Classes of access licence where licence holder must not personally carry out fishing activities unless permitted

20Classes of access licence where services of other person not to be used unless permitted

21Classes of access licence where use of boat for fishing prohibited unless authorised

Subdivision 2—Maximum numbers of access licences

22Maximum number of access licences that can be issued for a class of access licence

23Register of adjustment numbers

Subdivision 3—Matters relating to the issue, transfer, renewal, suspension and surrender of licences

24Aquaculture licences to be renewable

25Grounds on which Victorian Fisheries Authority must refuse to issue aquaculture licence

26Application to transfer commercial fishery licence

27Ground for refusing the transfer of access licence

28Eligibility criterion for issue, renewal or transfer of access licence

29Individual quota units not to be transferred if levies not paid

30Process for voluntary surrender of commercial fishery licence

31Prescribed grounds for suspension of a fishery licence

Subdivision 4—Compensation payable under section 63 of the Act

32Definitions

33Process for determination of compensation payable under section 63 of the Act

34Making an offer for compensation—cancelled transferable access licences

35Making an offer for compensation—cancelled non‑transferable access licences

36Making an offer for compensation—holder of registered financial interest

37Provision of notification to holder of a cancelled licence etc.

38Making applications for compensation

39Appointment and role of independent negotiator

40Time limits for applications for compensation

41Manner in which compensation is payable if claim accepted in full

42Manner in which compensation is payable if Secretary makes an offer for compensation

Subdivision 5—Miscellaneous duties and powers of Victorian Fisheries Authority

43Matters to be specified by Victorian Fisheries Authority in a commercial fishery licence

44Victorian Fisheries Authority may give directions or authorisations relating to lost, stolen or damaged documents

45Victorian Fisheries Authority may direct return of fisheries documents

46Victorian Fisheries Authority may allocate forfeited individual quota units in respect of fishery by tender

47Victorian Fisheries Authority to confirm receipt of catch and effort record or specified details to licence holder

48Victorian Fisheries Authority to advise of means of accessing the fisheries notification service

49Victorian Fisheries Authority to notify holders of Trawl (Inshore) Fishery Access Licence when aggregated limit reached

50Victorian Fisheries Authority to notify holders of abalone fishery access licence of commercial abalone reef area codes

Subdivision 6—Endorsement of certain access licences

50AEndorsement of eligible access licences

50BDetermination that upper limit of shark taken reached

Division 3—Activities authorised by every access licence

51Activities authorised by every access licence

Division 4—Conditions on all commercial fishery licences

52Every commercial fishery licence subject to conditions in this Division

53Keeping or provision of information

54Fisheries documents and copies to be kept in safe place

55Lost, stolen, destroyed or damaged fisheries documents or copies

56Fisheries documents to be used in sequential numerical order

57Fisheries documents not to be lent, given or made available to others

58Licence holder to retain all unused fisheries documents in book issued

59Licence holder must return unused or partly used documents

60Licence holder to notify of change of name, address or telephone number

61Return of fish and animals to water or natural habitat

62Fees, levies or royalties in respect of licences to be paid by due date

63Levies and royalties in respect of individual quota units to be paid by due date

64Accuracy of weight measurements of fish

Division 5—Conditions of all access licences

65Every access licence subject to conditions in this Division

66Assistance with fishing activities

67Commercial and recreational fishing not to be undertaken at same time

68Taking of fish in a recreational reef zone prohibited

69Taking of fish in an aquaculture fisheries reserve prohibited

70Fish not to be transferred or received at sea

71Licence holder or licence operator to be in presence of crew

72Catch limit for certain species of fish

73Taking or possession of certain fish prohibited

74Taking fish by dragging seine net on to dry land or shallow water prohibited

75Marking of equipment

Division 6—Conditions applicable to certain commercial fishery licences

Subdivision 1—General

76Certain commercial fishery licences subject to conditions in this Division

Subdivision 2—Vessel monitoring system requirement

77Requirement for vessel monitoring system

Subdivision 3—Pre-fishing reporting requirements

78Specified classes of access licence subject to conditions in this Subdivision

79Notification of intention to take fish for sale

Subdivision 4—Place of landing

80Specified classes of access licence subject to conditions in this Subdivision

81Fish must be landed at a specified place

Subdivision 5—Weighing and post-fishing reporting requirements

82Specified classes of access licences subject to conditions in this Subdivision

83Weighing of fish taken

84Notification of post-fishing details to the Victorian Fisheries Authority

85Fish not to be dealt with unless regulations 83 and 84 complied with

86Notification of intention to retrieve rock lobster from coff or wet well

87Notification of intention to retrieve giant crab from a wet well

88Notification of removal of fyke nets

Subdivision 6—Catch disposal records

89Specified classes of access licence subject to conditions in this Subdivision

90Requirement to complete and keep catch disposal record

91Location of catch disposal record book to be notified

92Requirements for keeping catch disposal records

93Errors made while completing catch disposal records

Subdivision 7—Catch and effort reporting

94Catch and effort records—hard copy

95Catch and effort records—electronic

Subdivision 8—Maintaining access to fisheries notification service

96Maintaining access to Internet or mobile telephone network

Part 3—Recreational fishery licences

Division 1—Class of recreational fishery licence

97Class of recreational fishery licence

Division 2—Exemptions from requirement to hold recreational fishery licence

98Exemptions from requirement to hold recreational fishery licence

Division 3—Activities authorised by recreational fishery licences

99Activities authorised by recreational fishing licences

Division 4—General provisions applying to recreational fishery licences

100Definition

101Recreational fishery licence must not be transferred or lent

102Recreational fishery licence holder must not allow another person to fish under licence

103Offence to fail to return unissued recreational fishery licences

104Offence to issue recreational fishery licence with incorrect date and time

Part 4—Permits

Division 1—Protected aquatic biota permits

105Eligibility criteria for permit under section 72 of the Act

Division 2—Noxious aquatic species permits

106Specified purposes under section 81 of the Act

Division 3—Conditions of permits

107Conditions of a permit

Part 5—Boat registration

108Registration of a boat used for fishing

109Renewal of registration of a boat

110Victorian Fisheries Authority to issue certificate of registration

111Duration of boat registration

112Offence to use boat for commercial fishing without identifying mark

113Manner of displaying identifying mark on boat

114Additional identifying mark required on boats exceeding 8 metres length

115Transfer of registration of boat

116Offence to not remove identifying mark on expiry of boat registration

117Offence to use unregistered boat with false identifying mark

Part 6—General restrictions and prohibitions relating to fishing, fishing equipment, fishing methods, boats and signage

Division 1—Restrictions relating to recreational fishing equipment

118Application of Division

119Number of items of recreational fishing equipment that may be used

120Use or possession of spear gun not permitted in certain waters

121Use or possession of hand-held spear not permitted in certain waters

122Use of recreational bait net not permitted in certain waters

123Use or possession of recreational hoop nets or open top lift nets

124Recreational hoop net, open top lift net and bait trap must be correctly tagged

125Offence to use certain equipment in intertidal zone

126Use or possession of recreational fishing equipment prohibited in certain areas

127Use of rods and lines or handlines

128Offence to use or possess certain equipment in certain circumstances

129Offence to use or possess line and hook or handline in certain inland waters during the salmonid closed season

Division 2—Other restrictions relating to taking fish

130Offence to possess certain fish other than whole or in the form of carcass

131Offences relating to certain fish in berry

132Offences relating to marine invertebrates in Port Phillip Bay

133Offence to take molluscs from intertidal zone

134Offence to take certain fish in specified areas

135Offence to tag or mark fish

136Offence to fail to return fish to water without injury or damage

137Offence to tether live fish

138Offence to use certain substances as bait or berley

139Offence to use as bait or release live European green shore crab

Division 3—Prohibitions relating to use or possession or sale of boats, equipment or fish

140Application of Division

141Use, possession or sale of trammel net prohibited

142Use or possession of Danish seine net prohibited

143Use of certain fishing nets near Killarney boat ramp prohibited at certain times

144Use of certain fishing nets in Portland Bay prohibited at certain times

145Use of certain fishing nets or scallop dredge prohibited in certain waters

146Use of boat for towing certain fishing nets prohibited

147Use of floating fish traps prohibited

148Use of firearm or other weapon to take, destroy or injure fish prohibited

149Use of electrical device to take or attract fish prohibited

150Use of coff or cage during closed season prohibited

151Use of commercial fishing equipment or commercial abalone equipment prohibited in certain waters

152Use of unregistered boat for commercial fishing prohibited

153Taking of trout cod prohibited other than in trout cod waters

154Statewide prohibition on the possession of certain fish

155Prohibition on sale of Murray cod exceeding maximum size

Division 4—Miscellaneous offences

156Interference with fisheries signs and fishing boundary posts

Part 7—Fish other than abalone, giant crab, rock lobster, scallop and sea urchin

Division 1—Minimum and maximum sizes, catch limits and closed seasons for fish other than abalone, giant crab, rock lobster, scallop or sea urchin

157Minimum sizes

158Maximum sizes

159Persons to whom minimum and maximum sizes do not apply

160Methods for measuring size of fish

161Catch limits

162Persons to whom the catch limits in regulation 161 do not apply

163Closed seasons

164Prohibition against taking or possession of fish in the closed season

165Persons to whom regulation 164 does not apply

166Additional penalty for contravention of regulation 164

Division 2—Activities authorised by Bait (General) Fishery Access Licences

167Activities authorised by Bait (General) Fishery Access Licences

Division 3—Conditions of Bait (General) Fishery Access Licences

168Bait (General) Fishery Access Licences subject to conditions in this Division

169Restriction on use of equipment

170Taking or selling of fish for human consumption prohibited

Division 4—Activities authorised by Banded Morwong Fishery Access Licences

171Activities authorised by Banded Morwong Fishery Access Licences

Division 5—Conditions of Banded Morwong Fishery Access Licences

172Banded Morwong Fishery Access Licences subject to conditions in this Division

173Closed season for banded morwong

174Minimum and maximum size

175Use or possession of mesh nets

176Licence holder must be in attendance at every fishing operation

178Banded morwong held in land-based holding facility not to be returned to Victorian waters

Division 6—Activities authorised by Corner Inlet Fishery Access Licences

179Activities authorised by Corner Inlet Fishery Access Licences

Division 7—Conditions of Corner Inlet Fishery Access Licences

180Corner Inlet Fishery Access Licences subject to conditions in this Division

181Use of commercial fishing equipment prohibited at certain times

182Use or possession of seine nets

183Use or possession of mesh nets

184Use or possession of fishing lines

185Use or possession of commercial hoop nets

186Use or possession of bait pumps

187Catch limit for taking or possession of wrasse

187ACatch limits for gummy shark or school shark

Division 8—Activities authorised by Eel Fishery Access Licences

188Activities authorised by Eel Fishery Access Licences

Division 9—Conditions of Eel Fishery Access Licences

189Eel Fishery Access Licences subject to conditions in this Division

190Fyke net to be used for taking eels

191Marking of fyke nets

192Setting of fyke nets

193Maximum number of fyke nets permitted to be used or possessed

194Clearing of nets

195Return of other fish and animals to water or natural habitat

Division 12—Activities authorised by Gippsland Lakes (Bait) Fishery Access Licences

214Activities authorised by Gippsland Lakes (Bait) Fishery Access Licences

Division 13—Conditions of Gippsland Lakes (Bait) Fishery Access Licences

215Gippsland Lakes (Bait) Fishery Access Licences subject to conditions in this Division

216Restrictions on use or possession of commercial fishing equipment

217Marking of pots, traps and nets

218Use or possession of stake nets

219Taking or selling of fish for human consumption prohibited

Division 14—Activities authorised by Gippsland Lakes (Mussel Dive) Fishery Access Licences

220Activities authorised by Gippsland Lakes (Mussel Dive) Fishery Access Licences

Division 15—Conditions of Gippsland Lakes (Mussel Dive) Fishery Access Licences

221Gippsland Lakes (Mussel Dive) Fishery Access Licences subject to conditions in this Division

222Taking of mussels permitted only at certain times

223Weekly catch limit of mussels

224Cleaning of mussels

225Storage of mussels

Division 16—Activities authorised by Lake Tyers (Bait) Fishery Access Licences

226Activities authorised by Lake Tyers (Bait) Fishery Access Licences

Division 17—Conditions of Lake Tyers (Bait) Fishery Access Licences

227Lake Tyers (Bait) Fishery Access Licences subject to conditions in this Division

228Restrictions on use or possession of commercial fishing equipment

229Taking or selling of fish for human consumption prohibited

Division 18—Activities authorised by Mallacoota Lower Lake (Bait) Fishery Access Licences

230Activities authorised by Mallacoota Lower Lake (Bait) Fishery Access Licences

Division 19—Conditions of Mallacoota Lower Lake (Bait) Fishery Access Licences

231Mallacoota Lower Lake (Bait) Fishery Access Licences subject to conditions in this Division

232Restrictions on use or possession of commercial fishing equipment

233Taking or selling of fish for human consumption prohibited

Division 20—Activities authorised by an Ocean Fishery Access Licences

234Activities authorised by Ocean Fishery Access Licences

Division 21—Conditions of Ocean Fishery Access Licences

235Ocean Fishery Access Licences subject to conditions in this Division

236Use or possession of seine nets

237Use or possession of mesh nets

238Use or possession of fishing lines

239Licence holder must not lease licence

240Catch limits for certain fish

Division 22—Activities authorised by Octopus Fishery Access Licences

241Activities authorised by Octopus Fishery Access Licences

Division 23—Conditions of Octopus Fishery Access Licences

242Octopus Fishery Access Licences subject to conditions in this Division

243Use of octopus pots

244Fishing in more than one octopus commercial fishing management zone prohibited

Division 24—Activities authorised by Pipi Fishery Access Licences

245Activities authorised by Pipi Fishery Access Licences

Division 25—Conditions of Pipi Fishery Access Licences

246Pipi Fishery Access Licences subject to conditions in this Division

247Taking of pipi only by hand collection or dip net

248Fishing in Venus Bay recreational pipi zone prohibited

249Minimum size for pipi

250Entry to or exit from Discovery Bay pipi zone only via designated access points

251Pipi only to be taken between sunrise and sunset

252Fishing in more than one pipi commercial fishing management zone prohibited

253Labelling requirements for pipi sold as bait

254Restriction on fishing effort to 2 persons

Division 26—Activities authorised by Purse Seine (Ocean) Fishery Access Licences

255Activities authorised by Purse Seine (Ocean) Fishery Access Licences

Division 27—Conditions of Purse Seine (Ocean) Fishery Access Licences

256Purse Seine (Ocean) Fishery Access Licences subject to conditions in this Division

257Use or possession of purse seine and lampara nets

Division 28—Activities authorised by Snowy River (Bait) Fishery Access Licences

258Activities authorised by Snowy River (Bait) Fishery Access Licences

Division 29—Conditions of Snowy River (Bait) Fishery Access Licences

259Snowy River (Bait) Fishery Access Licences subject to conditions in this Division

260Restrictions on use or possession of commercial fishing equipment

261Taking or selling of fish for human consumption prohibited

Division 30—Activities authorised by Sydenham Inlet (Bait) Fishery Access Licences

262Activities authorised by Sydenham Inlet (Bait) Fishery Access Licences

Division 31—Conditions of Sydenham Inlet (Bait) Fishery Access Licences

263Sydenham Inlet (Bait) Fishery Access Licences subject to conditions in this Division

264Restrictions on use or possession of commercial fishing equipment

265Taking or selling of fish for human consumption prohibited

Division 32—Activities authorised by Trawl (Inshore) Fishery Access Licences

266Activities authorised by Trawl (Inshore) Fishery Access Licences

Division 33—Conditions of Trawl (Inshore) Fishery Access Licences

267Trawl (Inshore) Fishery Access Licences subject to conditions in this Division

268Use or possession of trawl nets

269Snapper to be landed before boat departs port or mooring

270Fishing in more than one snapper zone prohibited

271Catch limits for certain fish

272Minimum size for certain species of bug

Division 34—Activities authorised by Western Port/Port Phillip Bay Fishery Access Licences

273Activities authorised by Western Port/Port Phillip Bay Fishery Access Licences

Division 35—Conditions of Western Port/Port Phillip Bay Fishery Access Licences

274Western Port/Port Phillip Bay Fishery Access Licences subject to conditions in this Division

276Use or possession of fishing lines in or on Western Port

277Catch limit for taking or possession of wrasse in or on Western Port

278Use or possession of fishing lines in or on Port Phillip Bay

282Use or possession of commercial hoop nets in or on Port Phillip Bay

283Restrictions on method of taking of mussels from Port Phillip Bay

284Restrictions on use of certain commercial fishing equipment in certain places in or on Port Phillip Bay

285Use or possession of bay fish traps in or on Port Phillip Bay

286Taking or selling of mussels for human consumption prohibited

287Catch limit for taking or possession of wrasse in or on Port Phillip Bay

Division 36—Activities authorised by Wrasse (Ocean) Fishery Access Licences

288Activities authorised by Wrasse (Ocean) Fishery Access Licences

Division 37—Conditions of Wrasse (Ocean) Fishery Access Licences

289Wrasse (Ocean) Fishery Access Licences subject to conditions in this Division

290Use or possession of certain fishing lines

Part 8—Abalone

Division 1—Minimum sizes and closed seasons for abalone

291Minimum sizes for abalone

292Persons to whom the minimum sizes in regulation 291 do not apply

293Method for measuring size of abalone

294Closed seasons for abalone

295Prohibition against taking or possession of abalone in the closed season

296Persons to whom regulation 295 does not apply

297Additional penalty for contravention of regulation 295

298Taking of abalone between sunset and sunrise prohibited

299Prohibition on taking of greenlip abalone from Port Phillip Bay

Division 2—Catch limits and other restrictions and prohibitions in relation to recreational abalone fishing

300Application of Division

301Catch limits for abalone

302Persons to whom catch limits in regulation 301 do not apply

303Use of certain equipment for taking abalone prohibited

304Offences regarding shucked abalone

305Offence not to carry instrument to measure abalone

306Offence to remove abalone from its packaging

Division 3—Activities authorised by abalone fishery access licences

307Activities authorised by Abalone Fishery (Western Zone) Access Licences

308Activities authorised by Abalone Fishery (Central Zone) Access Licences

309Activities authorised by Abalone Fishery (Eastern Zone) Access Licences

Division 4—Conditions of all abalone fishery access licences

310Abalone fishery access licences subject to conditions in this Division

311Abalone boat not to be used as base for underwater diving operation

312Abalone only to be taken using abalone tool or catch bag

313Blacklip abalone not to be taken from more than one blacklip abalone size zone

314Taking of abalone from different abalone zones

315Shucking of abalone prohibited

316Instrument to measure abalone to be carried

317Abalone to be placed in bins and sealed with bin tags

318Abalone not to be moved from boat until sealed in bins

319Landing requirements for abalone

320Notification of details to the Victorian Fisheries Authority

321Restriction on moving abalone from place of landing or entering processing premises

322Abalone must be delivered to holder of Fish Receiver (Abalone) Licence within 24 hours

Division 5—Activities authorised by Fish Receiver (Abalone) Licences

323Activities authorised by Fish Receiver (Abalone) Licences

Division 6—Conditions of all Fish Receiver (Abalone) Licences

Subdivision 1—General

324Fish Receiver (Abalone) Licences subject to conditions in this Division

Subdivision 2—General and administrative conditions

325Abalone only to be received from certain sources

326Requirement to mark or label abalone packaging

Subdivision 3—Abalone received from abalone fishery access licence holder

327Application of Subdivision

328Abalone to be received no more than 24 hours after landing

329Bins of abalone that are not properly sealed

330Weighing and initial notification of details to the Victorian Fisheries Authority

331Bins not to be opened until regulation 330 complied with

331AFinal notification of details to the Victorian Fisheries Authority

331BRetrieval of information

Division 7—Other matters relating to abalone

332Abalone only to be sold in properly labelled packaging

333Exemptions from labelling and packaging requirements in the Act

334Offence to write on or otherwise alter bin tags

335Authorisation to possess, write on or otherwise alter bin tags

336Unused bin tags to be returned by former licence holders within 48 hours

337Prescribed information for abalone quota unit holding statement

338Notification of nomination of licence holder by holder of individual abalone quota unit

Part 9—Giant crab

Division 1—Minimum size and closed season for giant crab

339Minimum sizes for giant crab

340Persons to whom the minimum sizes in regulation 339 do not apply

341Method for measuring size of giant crab

342Closed season for giant crab

343Prohibition against taking or possession of giant crab in closed season

344Additional penalty for contravention of regulation 343

Division 2—General restrictions and prohibitions regarding giant crab

345Application of Division

346Offences relating to giant crab in berry

347Offence to possess dismembered giant crabs

Division 3—Activities authorised by Giant Crab Fishery (Western Zone) Access Licences

348Activities authorised by Giant Crab Fishery (Western Zone) Access Licences

Division 4—Conditions of Giant Crab Fishery (Western Zone) Access Licences

349Giant Crab Fishery (Western Zone) Access Licences subject to conditions in this Division

350Giant crab only to be taken by use of rock lobster pot

351Specifications for rock lobster pot

352Restrictions on numbers of rock lobster pots that may be used

353Rock lobster pot not to be used or be on board boat during closed season for male giant crab

354Rock lobster pot set by boat not to be hauled using another boat

355Taking, possession, etc. of berried giant crab prohibited

356Possession of dismembered giant crab prohibited

357Catch limits for fish other than giant crab

358Restrictions relating to giant crab when quota unit balance is zero or less

359Wet well register

Part 10—Rock lobster

Division 1—Minimum sizes and closed seasons for rock lobster

360Minimum sizes for rock lobster

361Persons to whom the minimum sizes in regulation 360 do not apply

362Method for measuring size of rock lobster

363Closed season for rock lobster

364Prohibition against taking or possessing rock lobster in closed season

365Additional penalty for contravention of regulation 364

Division 2—Catch limits and other restrictions regarding rock lobster

366Application of Division

367Catch limits for rock lobster

368Persons to whom the catch limits in regulation 367 do not apply

369Taking of rock lobster other than by certain methods prohibited

370Offences relating to marking rock lobster

371Offences to sell marked rock lobster

372Offences relating to rock lobster in berry

373Offence to take soft-shelled rock lobster

374Offence to possess rock lobster unless the tail and carapace are attached

Division 2A—Recreational rock lobster notification and reporting

374AApplication of Division

374BDefinitions

374CNotification of intention to take rock lobster for recreational purposes

374DReporting rock lobster for recreational purposes

374EPossession of rock lobster that has not been reported

Division 3—Activities authorised by rock lobster fishery access licences

375Activities authorised by Rock Lobster Fishery (Western Zone) Access Licences

376Activities authorised by Rock Lobster Fishery (Eastern Zone) Access Licences

Division 4—Conditions of all rock lobster fishery access licences

377Rock lobster fishery access licences subject to conditions in this Division

378Rock lobster only to be taken by use of rock lobster pot

379Specifications for rock lobster pot

380Restrictions on numbers of rock lobster pots that may be used

381Rock lobster pot not to be used during closed season for male rock lobster

382Rock lobster pot set by boat not to be hauled using another boat

383Taking, possession, etc. of berried or soft‑shelled rock lobster prohibited

384Possession of dismembered rock lobster prohibited

385Restriction on possession of rock lobster

386Catch limits for fish other than rock lobster

387Use of coff or other fishing equipment

388Restrictions relating to rock lobster when quota unit balance is zero or less

389Rock lobster coff register

390Wet well register

Part 11—Scallop

Division 1—Minimum size and catch limits for scallop

391Minimum size for scallop

392Catch limits for scallop

393Persons to whom the catch limits in regulation 392 do not apply

Division 2—Activities authorised by Scallop (Ocean) Fishery Access Licences

394Activities authorised by Scallop (Ocean) Fishery Access Licences

Division 3—Conditions of Scallop (Ocean) Fishery Access Licences

395Scallop (Ocean) Fishery Access Licences subject to conditions in this Division

396Scallop dredge specifications and stowage

397Shucked scallop not to be on boat

398Possession of recreationally caught scallop at commercial premises prohibited

399Catch limits for possession and landing of fish other than scallop

Division 4—Activities authorised by Scallop Dive (Port Phillip Bay) Fishery Access Licences

400Activities authorised by Scallop Dive (Port Phillip Bay) Fishery Access Licences

Division 5—Conditions of Scallop Dive (Port Phillip Bay) Fishery Access Licences

401Scallop Dive (Port Phillip Bay) Fishery Access Licences subject to conditions in this Division

402Annual catch limit for scallop under Scallop Dive (Port Phillip Bay) Fishery Access Licences

403Instrument to measure scallop to be carried

404Shucked scallop not to be on boat

405Possession of recreationally caught scallop at commercial premises prohibited

406Possession of commercial fishing equipment or scallops prohibited in a scallop commercial fishing exclusion zone

407Taking scallop in certain parts of Port Phillip Bay prohibited

Part 12—Sea urchin

Division 1—Catch limits and other restrictions in relation to recreational sea urchin fishing

408Offence to remove roe from sea urchins

409Catch limits for sea urchin

410Persons to whom the catch limits in regulation 409 do not apply

Division 2—Activities authorised by Sea Urchin Fishery Access Licences

411Activities authorised by Sea Urchin Fishery Access Licences

Division 3—Conditions of Sea Urchin Fishery Access Licences

412Sea Urchin Fishery Access Licences subject to conditions in this Division

413Possession of recreationally caught sea urchin at commercial premises prohibited

Part 13—Aquaculture

Division 1—Activities authorised by aquaculture licences

414Activities authorised by Aquaculture (Crown Land—Abalone) Licences

415Activities authorised by Aquaculture (Crown Land—Bivalve Shellfish) Licences

416Activities authorised by Aquaculture (Crown Land—Eels) Licences

417Activities authorised by Aquaculture (Crown Land—Offshore) Licences

418Activities authorised by Aquaculture (Crown Land—Other) Licences

419Activities authorised by Aquaculture (On-shore Abalone) Licences

420Activities authorised by Aquaculture (Private Land—Eels) Licences

421Activities authorised by Aquaculture (Private Land—Indoor Intensive) Licences

422Activities authorised by Aquaculture (Private Land—Marine) Licences

423Activities authorised by Aquaculture (Private Land—Ornamentals) Licences

424Activities authorised by Aquaculture (Private Land—Other) Licences

425Activities authorised by Aquaculture (Private Land—Salmonids) Licences

426Activities authorised by Aquaculture (Private Land—Tourism) Licences

427Activities authorised by Aquaculture (Private Land—Warm Water Finfish) Licences

428Activities authorised by Aquaculture (Private Land—Yabbies) Licences

429Activities authorised by Aquaculture (Private Land—Yabbies Multi-waters) Licences

Division 2—Conditions of all aquaculture licences

430Every aquaculture licence subject to conditions in this Division

431Record keeping in relation to priority species

432Completion of aquaculture production return

433Labelling and documentation requirements for transport or sale of fish

434Aquaculture incoming stock record to be kept of source of all fish

Division 3—Conditions of aquaculture licences relating to abalone

435Aquaculture licences relating to abalone subject to additional conditions in this Division

436Shucking of abalone prohibited

437Additional packaging and labelling requirements for sale or transport of abalone

Division 4—Conditions of all Crown land aquaculture licences

438Definition

439Crown land aquaculture licences subject to additional conditions in this Division

440Introduction of feeds, fish and other products to licensed area

441Marking of boundaries of licensed area

442Commercial aquaculture equipment to be marked and located within licensed area

Division 5—Conditions of certain private land aquaculture licences

443Additional condition of Aquaculture (Private Land—Indoor Intensive) Licences

444Additional condition of Aquaculture (Private Land—Tourism) Licences

Division 6—Exemptions relating to aquaculture activities

445Exemption from offence in Act relating to display of fish on certain premises

446Exemption from offence in Act relating to stocking fish into protected waters

Division 7—Other matters relating to aquaculture licences

447Obligations of Victorian Fisheries Authority regarding aquaculture production returns

Part 14—Fish receipts and other documentation requirements

448Species and quantity of fish prescribed for purposes of section 120AA of the Act

449Specified quantity of fish prescribed for purposes of section 120AB of the Act

450Required form of documentation for sale of fish

451Document requirements for possessor of fish

452Exemptions from documentation requirements in the Act relating to the sale of fish

453Exemptions from documentation requirements in the Act relating to the receipt or possession of fish

Part 15—Priority species and exemptions

454Further fish prescribed as priority species

455Commercial quantities of priority species

456Exemptions relating to the receipt of a priority species

457Exemptions relating to selling, receiving, processing or possessing a priority species in a commercial quantity

458Exemptions relating to the sale of a priority species

Part 16—General exemptions

Division 1—Exemptions from offences in the Act

459Exemption relating to possession of commercial fishing equipment in general

460Exemption relating to possession of yabby pots

461Exemption relating to possession of rock lobster pots

462Exemption relating to receipt of fish for sale

Division 2—Exemptions from licence conditions

463Victorian Fisheries Authority may exempt licence holder from licence condition

Part 17—General

Division 1—Enforcement and legal proceedings matters

464Designated licence conditions

465Prescribed positioning device

466Time for bringing proceedings extended for certain offences

467Offences in the Act subject to additional penalties

468Classes of licences where agents of licence holders subject to additional penalties

Division 2—Vessel monitoring systems

Subdivision 1—Conditions for use of vessel monitoring system

469Definitions

470Conditions for use of vessel monitoring system set out in this Subdivision

471Vessel monitoring system installed on boat

472Requirement to specify and maintain method of communication

473Operation of vessel monitoring system

474Fishing not to be carried out from boat with non‑operational system

475Inspection of vessel monitoring system to be allowed

Subdivision 2—Other matters regarding vessel monitoring systems

476Victorian Fisheries Authority may require inspection of vessel monitoring system

477Offences to interfere with vessel monitoring system

Division 3—Miscellaneous

478Secretary or Victorian Fisheries Authority may approve documents, things and equipment

479Specified bodies and persons to which confidential documents or information may be given

Part 18—Transitional and savings provisions

480Catch disposal records

481Catch and effort records

482Fish receipts

Schedule 1—Revoked Regulations

Schedule 2—Details for aquaculture production return

Schedule 3—Blacklip abalone size zones

Schedule 4—Abalone zones

Schedule 5—Octopus commercial fishing management zones

Schedule 6—Sea urchin commercial fishing management zones and ports and mooring areas

Schedule 7—Central Victorian waters

Schedule 8—Pipi fishing zones, designated access points and designated pipi weighing points

Schedule 9—Rock lobster zones

Schedule 10—Snapper zones

Schedule 11—Family fishing lakes

Schedule 12—Murray cod waters

Schedule 13—Recreational reef zones

Schedule 14—Scallop Dive (Port Phillip Bay) Fishery Access Licence exclusion zones and ports and mooring areas

Schedule 15—Sea-run trout rivers

Schedule 16—Definitions of fisheries

Schedule 17—Base number of licences for purposes of calculating maximum number of licences

Schedule 18—Catch limits for access licence holders

Schedule 19—Ports and mooring areas at which giant crab and rock lobster may be landed

Schedule 20—Banded morwong commercial fishing ports and mooring areas

Schedule 21—Western Port/Port Phillip Bay ports and mooring areas

Schedule 22—Toorloo Arm and Nowa Arm of Lake Tyers

Schedule 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)

Schedule 25—Minimum sizes for access licence holders

Schedule 26—Minimum and maximum sizes, catch limits and closed seasons for salmonids

Schedule 27—Species of fish that may be taken by holders of certain access licences

Schedule 28—Ports and mooring areas at which abalone may be landed

Schedule 29—Commercial quantities of priority species

Schedule 30—Designated licence conditions subject to higher penalties if breached

Schedule 31—Offences for which time for bringing proceedings is extended

Schedule 32—Offences in the Act subject to additional penalties

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 006

Fisheries Regulations 2019

S.R. No. 163/2019

Version incorporating amendments as at

1 July 2023

PART 1—PRELIMINARY

1Objectives

The objectives of these Regulations are—

(a)to provide for the control and management of fisheries in Victoria on a sustainable basis; and

(b)to provide for matters authorised to be prescribed under the Fisheries Act 1995.

2Authorising provision

These Regulations are made under section 153 of the Fisheries Act 1995.

3Commencement

These Regulations come into operation on 1 February 2020.

4Revocations

The Regulations listed in Schedule 1 are revoked.

5Definitions

In these Regulations—

abalone fishery access licence means any one of the following classes of access licence—

(a)Abalone Fishery (Western Zone) Access Licence;

(b)Abalone Fishery (Central Zone) Access Licence;

(c)Abalone Fishery (Eastern Zone) Access Licence;

abalone label means a mark or label on the packaging of abalone that is required under regulation 326(1) or 437(1), or that is in accordance with regulation 332;

abalone tool means a blunt lever with rounded ends and does not include a screwdriver or a knife;

abalone zone means any of the following zones—

(a)the western abalone zone;

(b)the central abalone zone;

(c)the eastern abalone zone;

Anderson Inlet means the total area of the inlet bounded by a straight line running between the mean high water marks on the seaward extremities of each side of the Anderson Inlet entrance;

animal means any animal except a human or fish, whether vertebrate or invertebrate, in any stage of biological development and whether alive or dead;

aquaculture incoming stock record means the record required to be kept and maintained by the holder of an aquaculture licence under regulation 434;

aquaculture production return means a return in the form approved by the Victorian Fisheries Authority that is used by an aquaculture licence holder to record information about activities carried out under an aquaculture licence as required under Part 13 and which includes the information set out in Schedule 2;

bait jig means a continuous series of no more than 6 unbaited lures with hooks that are less than 2 centimetres in length and less than 3 metres in total length that are attached to a fishing line;

bait pump means a hand operated suction pump with a barrel diameter not exceeding 8·5 centimetres;

bait trap means a net or trap not exceeding 50 centimetres long, 25 centimetres high and 25 centimetres wide with funnel entrances with an inside diameter not exceeding 5 centimetres;

banded morwong means Cheilodactylus spectabilis;

bay fish trap means a net or trap that is no more than 2 metres in length, 1 metre high and 1·5 metres wide and has no more than one entrance;

bin insert means any type of non-absorbent material used as a protective layer for the purpose of packaging live abalone;

bin tag means an individually numbered tag in the form issued by the Victorian Fisheries Authority to the holder of an abalone fishery access licence that is used to seal bins of abalone as required under Part 8;

blacklip abalone size zone means any of the areas of water described in item 1 in the Table at the foot of regulation 291 and shown in the plans in Parts 1, 2 and 3 of Schedule 3;

black sea urchin means Centrostephanus rodgersii;

book of account includes a ledger, day book, cash book, account book, and any other document used in the ordinary business of a bank, or in the ordinary course of any other business, for recording the financial transactions of the business and also includes any document used in the ordinary course of any business to record goods produced in, or stock in trade held for, the business;

bug means all species of the family Scyllaridae, commonly known as bug or shovelnose lobster;

Cape Liptrap Coastal Park means the areas of land described in Part 15 of Schedule 3 to the National Parks Act 1975;

carcass means—

(a)in relation to shark or elephantfish, the body of a shark or elephantfish which is not cut or mutilated in any manner other than to remove the gut and head forward and clear of the posterior gill slit; and

(b)in relation to scale fish, the body of a fish which is not cut or mutilated in any manner other than to remove the gut or gills or scale the fish; and

(c)in relation to rays, the body of the fish which is not cut or mutilated in any manner other than to remove the gut of the fish; and

(d)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;

cast net means a circular or elliptical net that—

(a)is weighted around its circumference; and

(b)has a rope attached to its centre to allow the net to be cast and retrieved;

catch and effort record means a record in the form approved by the Victorian Fisheries Authority that is used to record information about fish taken under an access licence;

catch and effort record book means a book containing hard copy catch and effort records issued by the Victorian Fisheries Authority to the holder of an access licence in respect of which an electronic catch and effort reporting requirement does not apply;

catch disposal record means an individually numbered record in the form approved by the Victorian Fisheries Authority that is used to record information in relation to the movement of fish from the place of landing of the fish by the holder of an access licence as required under Subdivision 6 of Division 6 of Part 2;

catch disposal record book means a book containing catch disposal records issued by the Victorian Fisheries Authority to the holder of an access Licence;

central abalone size zone means all marine waters between longitude 143° 58' 30" East (Lorne) and longitude 147° 58' 30" East (Lakes Entrance) except Port Phillip Bay shown on the plans in Parts 1 and 3 of Schedule 3;

central abalone zone means all marine waters between longitude 142° 31' East and longitude 148° East shown on the plan in Schedule 4;

central octopus zone means all marine waters between longitude 143° 40' East and longitude 147° 10' East shown on the plan in Schedule 5 but does not include Port Phillip Bay, Western Port, Corner Inlet or any inlet of the sea;

central sea urchin zone means all marine waters between longitude 142° 31' East and longitude 148° East, excluding Port Phillip Bay shown on the plan in Part 1 of Schedule 6;

central Victorian waters means the following waters shown on the plans in Parts 1 and 2 of Schedule 7—

(a)all marine waters between longitude 143° 27' 36" East (mouth of the Aire River) and longitude 145° 53' 35" East (Arch Rock);

(b)all marine waters between longitude 145° 53' 35" East and longitude 145° 53' 53" East, to the north or north-east of a line running from the point 38° 50' 21" South, 145° 53' 39" East (northern part of Arch Rock), to the point 38° 50' 18" South, 145° 53' 50" East, on the mainland;

coff means any of the following things—

(a)in the case of rock lobster, any thing used to hold or keep rock lobster alive in or on Victorian waters whether or not that thing is in or attached to a boat, but excluding any wet well;

(b)in the case of any other fish, any thing used to hold or keep fish alive in or on Victorian waters;

commercial abalone reef area means an area of marine waters within the abalone (commercial) fishery containing abalone habitat;

commercial abalone reef area code means the code relating to a commercial abalone reef area notified by the Victorian Fisheries Authority to each holder of an abalone fishery access licence;

commercial fishery licence means any of the following licences—

(a)an access licence;

(b)an aquaculture licence;

(c)a fish receiver licence;

commercial hoop net means a cylindrical net open at the top, consisting of not more than 2 hoops, but does not include a recreational hoop net;

consolidate, in relation to an access licence, means the issuing of one access licence in respect of a fishery in the place of 2 access licences that were previously issued in respect of the same fishery;

Corner Inlet means the total area of all the bays, inlets and entrances bounded by a line running south-westerly from the mean high water mark on the south-western end of the Ninety Mile Beach (McLoughlins Entrance) which follows the mean high water mark along the outer or seaward shoreline of the Nooramunga Islands that enclose Shoal or Shallow Inlet, crossing the entrances at McLoughlins Beach, Manns Beach, Kate Kearney Entrance and Port Albert with a straight line between the mean high water marks on the seaward extremities on each side of each entrance, continuing along the mean high water mark on the outer or seaward shoreline of Snake Island to Bentley Point then in a straight line to the mean high water mark on the most northern point of Entrance Point on Wilsons Promontory;

crab pot means a device with a capacity not exceeding 1 cubic metre with no more than one entrance;

crew member, in relation to an access licence, means a person engaged by the licence holder or a licence operator to assist in carrying out an activity authorised by the licence but does not include a licence operator;

Cunninghame Arm means all of the waters of that arm in the Gippsland Lakes, east of a line running from the south-west point of Bullock Island south-easterly to the rock wall opposite, including the waters of that arm between Bullock Island and the mainland to the ocean side of the bridge between Bullock Island and the mainland;

Danish seine net means any net designed or used to surround fish that is drawn through the water to close the towing ropes and the ends of the net using a vessel under propulsion, but does not include a trawl net, purse seine net or lampara net;

designated access point, in relation to the Discovery Bay pipi zone, means an access point specified in Part 5 of Schedule 8 that may be used by the holder of a Pipi Fishery Access Licence to access the Discovery Bay pipi zone;

designated pipi weighing point, in relation to the Discovery Bay pipi zone, means a point specified in Column 1 of the Table in Part 6 of Schedule 8, being the point described by reference to the latitude and longitude measurements set out in Columns 2 and 3 of that Table corresponding to that point;

dip net means a hand-held net not exceeding 90 centimetres wide or deep and attached to a handle;

Discovery Bay (Eastern) pipi zone means all the following marine waters (including the intertidal zone) shown on the plan in Part 2 of Schedule 8—

(a)between Sutton Rocks, Discovery Bay and longitude 141° 18' 14·76'' East;

(b)all waters north and west of Discovery Bay Marine National Park between longitude 141° 18' 14·76'' East and longitude 141° 24' 49·8" East;

Discovery Bay pipi zone means either of the following zones—

(a)Discovery Bay (Western) pipi zone;

(b)Discovery Bay (Eastern) pipi zone;

Discovery Bay (Western) pipi zone means all marine waters (including the intertidal zone) between the western Victorian border and Sutton Rocks, Discovery Bay shown on the plan in Part 2 of Schedule 8;

doughboy scallop means Chlamys asperrimus;

eastern abalone size zone means all marine waters east of longitude 147° 58' 30" East (Lakes Entrance) except the Mallacoota airport abalone size zone shown on the plan in Part 1 of Schedule 3;

eastern abalone zone means all marine waters east of longitude 148° East shown on the plan in Schedule 4;

eastern octopus zone means all marine waters between longitude 147° 10' East and the eastern Victorian border shown on the plan in Schedule 5 but does not include the Gippsland Lakes or any inlet of the sea;

eastern pipi zone means all marine waters (including the intertidal zone) between the most seaward point of Point Lonsdale and the eastern Victorian border shown on the plan in Part 1 of Schedule 8 but does not include the Venus Bay commercial pipi zone, the Venus Bay recreational pipi zone, Port Phillip Bay, Western Port, Corner Inlet, the Gippsland Lakes or any inlet of the sea;

eastern rock lobster zone means all marine waters east of longitude 143° 40' East shown on the plan in Schedule 9 but does not include Port Phillip Bay, Western Port, Corner Inlet, the Gippsland Lakes or any inlet of the sea;

eastern sea urchin zone means all marine waters east of longitude 148° East shown on the plan in Part 1 of Schedule 6;

eastern snapper zone means all marine waters east of the Wilsons Promontory lighthouse shown on the plan in Schedule 10 but does not include Corner Inlet, the Gippsland Lakes or any inlet of the sea;

electronic, in relation to a notification or communication required to be made under these Regulations, includes a notification or communication by way of a telephone service;

electronic catch and effort record means a record prepared in accordance with regulation 95;

electronic catch and effort reporting requirement means a requirement under regulation 95 that the holder of an access licence use the fisheries notification service to provide catch and effort records to the Victorian Fisheries Authority;

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);

family fishing lakes means the lakes specified in Schedule 11;

far western abalone size zone means all marine waters west of longitude 142° 30' 35" East (mouth of Hopkins River) shown on the plan in Part 1 of Schedule 3;

firearm has the same meaning as in the Firearms Act 1996;

fish movement record means a record created in accordance with regulation 451(3), (4) and (5) that is used to record information in relation to the acquisition of fish, other than by purchasing the fish, by a fishing industry participant;

fish receipt means a document created in respect of the sale of fish by a person selling the fish that contains the details specified in regulation 450(2) or (3) (as the case requires) in respect of the sale of that fish;

fish trapmeans any basket, box, net, trap or cage or any other thing that is designed or used to take fish by enticing or allowing fish to enter an enclosure, but does not include a rock lobster pot, bay fish trap, fyke net, stake net, recreational hoop net or commercial hoop net;

fisheries document means—

(a)any of the following documents—

(i)an aquaculture incoming stock record;

(ii)a hard copy aquaculture production return;

(iii)a bin tag;

(iv)a catch and effort record or catch and effort record book;

(v)a catch disposal record or catch disposal record book;

(vi)a fish movement record;

(vii)a fish receipt;

(viii)a book of account; and

(b)any other document required to be completed, kept or maintained under the Act or the regulations under the Act; and

(c)any other document issued by the Victorian Fisheries Authority under the Act or the regulations under the Act—

but does not include—

(d)a copy of any document referred to in paragraph (a), (b) or (c); or

(e)an electronic catch and effort record; or

(f)any details provided to the Victorian Fisheries Authority via the fisheries notification service; or

(g)a rock lobster coff register; or

(h)a wet well register;

fisheries notification service means—

(a)the telephone service or Internet application (including any automated response system which captures the information provided) through which—

(i)the holder of an access licence may provide electronic catch and effort records to the Victorian Fisheries Authority; and

(ii)the holder of an access licence may notify specified details to the Victorian Fisheries Authority; and

(iii)the holder of an access licence may complete a rock lobster coff register or a wet well register; and

(iv)the Victorian Fisheries Authority may provide confirmation to a licence holder of the receipt of information provided by the licence holder to the Victorian Fisheries Authority under these Regulations; and

(v)the Victorian Fisheries Authority may provide information about fish consignments and the time of landing of fish to the holders of fish receiver licences; or

(b)if the telephone service or Internet application is not available, an alternative method, notified to a licence holder by the Victorian Fisheries Authority, by which the electronic catch and effort records, specified details, completion of a register, confirmation or information referred to in paragraph (a) may be given;

fishing boundary post means any post or sign which bears the words "netting boundary" or "fishing boundary";

fishing dredge means any net or cage attached to a rigid framed device or other thing that is designed for use, or is capable of being used for, or in connection with, the taking of molluscs other than scallop, but does not include a scallop dredge, shrimp dredge or dip net;

fishing industry participant means—

(a)the holder of a commercial fishing licence or a permit authorising the taking of fish for sale; or

(b)a person who carries on the business of selling, transporting, consigning, receiving or processing fish or fish products, including selling fish for consumption in a restaurant or cafe business;

fishing trip means—

(a)in relation to fishing that involves the use of a fishing boat, the interval between a fishing boat leaving a port, mooring or launching point and returning to that or another, port, mooring or launching point; and

(b)in relation to fishing that does not involve the use of a fishing boat, the interval between the commencement of a fishing activity and the end of that fishing activity;

flying gaff means a device, other than a harpoon, used in connection with landing a fish controlled by a line, that consists of—

(a)a single hook (with or without a barb); and

(b)a rope or cord that is affixed to the hook; and

(c)a rigid pole—

which is designed so that the hook and rigid pole detach from each other when the hook penetrates the body of a fish, allowing the fish to be landed by hauling on the rope or cord that is affixed to the hook;

fyke net means a collapsible, conical net that has—

(a)meshes measuring no less than 1·5 centimetres and not exceeding 3·9 centimetres; and

(b)2 or more internal compartments; and

(c)no more than one entrance; and

(d)a maximum of 3 leaders or wings attached with each leader or wing being no longer than 46 metres and being made of meshes not exceeding 3·2 centimetres; and

(e)a frame at the mouth of the net not exceeding 67 centimetres in height;

gaffmeans—

(a)a barbless hook or a series of barbless hooks, with or without a handle, used in connection with landing a fish controlled by a line; or

(b)a flying gaff;

general permit means a general permit issued under section 49 of the Act;

GDA94 means the geodetic datum designated as the Geocentric Datum of Australia (GDA) gazetted in the Commonwealth of Australia Gazette No. GN 35 on 6 September 1995;

Glenelg spiny freshwater crayfish means Euastacus bispinosus;

goatfish means any fish of the family Mullidae;

hand-held spear means a spear with one or more prongs (with or without barbs) that is—

(a)held in the hand and propelled by human power without the use of any explosive, spring, elastic material or mechanism; and

(b)designed so that the prong or prongs do not detach from the spear when they penetrate the body of a fish;

holder of a registered financial interest means a person who has registered details of the person's financial interest in an access licence under section 59 of the Act;

hook includes—

(a)a lure or jig; and

(b)a double or treble hook; and

(c)not more than 4 hooks arranged in a gang; and

(d)a keeper hook;

identifying mark means the combination of letters and numerals that are specified in the registration certificate for a boat as that boat's 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;

keeper hook means an assembly of 2 hooks arranged to secure one bait in one position at the end of a line and the assembly has—

(a)one hook attached to the end of a line; and

(b)one hook that is capable of sliding down the same line and touching the attached hook when unbaited;

Lake Hume means all waters and land, whether the lake is at full supply level or not, in—

(a)the Murray River arm of the lake, from the weir wall upstream to the point where Seven Mile Creek enters the Murray River on the northern bank of the Murray River; and

(b)the Mitta Mitta River arm of the lake, from the weir wall upstream to the Murray Valley Highway Bridge situated east of Tallangatta;

Lake Mulwala means all waters and land, whether the lake is at full supply level or not, from the Yarrawonga Weir upstream to the point where the Ovens River enters the Murray River marked by the Bundalong boat ramp;

lampara net means a positively buoyant surface net designed or used to surround fish that has a lead line shorter than the float line and is drawn through the water by a vessel under propulsion to close the ends of the net;

landed, in relation to fish, means—

(a)in the case of fish taken from a part of the intertidal zone that is not covered by water, the place where the fish are taken across the maximum high water mark; or

(b)in any other case, the place where the fish—

(i)are taken ashore; or

(ii)make contact with any man-made fixed structure, including a pier, jetty or wharf; or

(iii)make contact with any artificial extension of land;

landing net means a hand-held net not exceeding 90 centimetres wide or 90 centimetres deep that is attached to a handle and is used to land a fish that is controlled with a fishing line;

legally obtained, in relation to any fish that is received and subsequently possessed by a person, means fish, that before such receipt by the person, had been taken, possessed or sold (including the packaging and labelling of the fish and documentation accompanying the fish) in accordance with—

(a)the Act and these Regulations; or

(b)the laws of any place other than Victoria in which the fish was taken, possessed or sold;

licence number means the number allocated by the Victorian Fisheries Authority to a fishery licence issued under the Act;

licence operator, in relation to an access licence, means a person whose name is specified in an access licence as a person permitted to carry out all fishing activities authorised by the licence;

licensing year means a period from 1 April in any year to 31 March of the following year inclusive;

longline means a line to which is attached more than 8 hooks;

Mallacoota airport abalone size zone means the area shown hatched on the plan in Part 2 of Schedule 3;

marine fish means any species of fish that naturally inhabits seawater other than barramundi, salmonids or eel;

marine national park has the same meaning as in the National Parks Act 1975;

marine sanctuary has the same meaning as in the National Parks Act 1975;

master has the same meaning as in the Marine Safety Act 2010;

*                *                *                *                *

mesh net means any net that is designed or used to mesh or gill fish and includes a gill net or set net, but does not include a trammel net or stake net;

mouth, in relation to any water flowing permanently or intermittently into the sea or into any lake, bay or inlet connected with the sea, means an imaginary line running between the extreme seaward or outward point of either bank or side, to the opposite extreme seaward or outward point, except—

(a)in the case of the Barwon River, means an imaginary line across the downstream side of the Barwon Heads–Ocean Grove Bridge; and

(b)in the case of Boggy Creek at Lake Tyers, means an imaginary line running generally south from the extreme seaward point of the limits of Ironstone Creek to the opposite bank of Boggy Creek; and

(c)in the case of the Curdies River, means an imaginary line across the downstream side of the Great Ocean Road bridge at Peterborough; and

(d)in the case of Ironstone Creek at Lake Tyers, means an imaginary line running from the extreme seaward or outward point of one bank to the opposite extreme seaward or outward point of the opposite bank where it joins Boggy Creek; and

(e)in the case of the Merri River, means an imaginary line across the downstream side of the footbridge over that river between the viaduct leading to the breakwater and Pickering Point; and

(f)in the case of Stony Creek at Lake Tyers, means an imaginary line across the downstream side of the Princes Highway Bridge; and

(g)in the case of the Yarra River, means an imaginary line across the downstream side of the West Gate Bridge;

Murray cod waters means the waters specified in Schedule 12;

Murray spiny freshwater crayfish means Euastacus armatus;

mussel rake means a hand-operated 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;

net weight, in relation to abalone, means—

(a)in respect of whole unshucked abalone, the weight of the whole abalone including the viscera, shell and any marine growth attached to the shell; and

(b)in respect of shucked abalone, other than abalone in cans, the weight of the abalone meat not including any brine or other fluid; and

(c)in respect of abalone in cans, the drained weight of the abalone meat in the can;

non-endorsed licence means an eligible access licence that has not been endorsed in accordance with regulation 50A;

North Arm means all the waters of that arm east of a line running between the south-west side of the ends of the 2 rocky walls at the entrance of the arm, including the waters of the arm between Bullock Island and the mainland up to the south-western side of the bridge between Bullock Island and the mainland;

noxious aquatic species permit means a permit issued under section 81 of the Act;

octopus commercial fishing management zone means any of the following zones—

(a)western octopus zone;

(b)central octopus zone;

(c)eastern octopus zone;

octopus pot means an unbaited container of any description designed for, or capable of, catching octopus;

octopus trigger trap means a trap designed for, or capable of, catching octopus that—

(a)is not more than 62 centimetres long, 20 centimetres wide or 20 centimetres high; and

(b)has only one chamber capable of trapping octopus; and

(c)has only one entrance which is fitted with a self-closing door; and

(d)is designed in such a way as to prevent it from taking any fish once the door of the trap has closed; and

(e)is made of rigid material which is not capable of ensnaring or entangling other fish; and

(f)if baited, is only baited with plastic lures and light-emitting diodes;

old regulations means the Fisheries Regulations 2009[1];

open top lift net means a square or rectangular net open at the top that—

(a)is not more than 60 centimetres long and not more than 60 centimetres wide; and

(b)has a mesh net height not more than 15 centimetres perpendicular from the base; and

(c)has a top opening of not less than 20 centimetres by 20 centimetres; and

(d)does not have any internal device designed for use, or capable of use, in connection with the taking of fish;

ornamental fish means fish, other than abalone, that are—

(a)hatched, reared, bred or grown for display only; and

(b)not for human consumption;

permit number means the number allocated by the Victorian Fisheries Authority to a permit issued under the Act;

personal file number means the unique identifying number allocated by the Victorian Fisheries Authority to a person who holds one or more commercial fishery licences or a person acting on behalf of the holder of a commercial fishery licence;

pipi means any species of the genus Donax;

pipi commercial fishing management zone means any of the following zones—

(a)Discovery Bay (Western) pipi zone;

(b)Discovery Bay (Eastern) pipi zone;

(c)western pipi zone;

(d)Venus Bay commercial pipi zone;

(e)eastern pipi zone;

place of landing means—

(a)for the purposes of abalone fishing by an abalone fishery access licence holder, a place of landing specified in regulation 319; and

(b)for the purposes of banded morwong fishing by the holder of a Banded Morwong Fishery Access Licence, a place of landing specified in regulation 81(1)(a); and

(c)for the purposes of giant crab fishing by the holder of a Giant Crab Fishery (Western Zone) Access Licence, a place of landing specified in regulation 81(1)(b); and

(d)for the purposes of rock lobster fishing by the holder of a rock lobster fishery access licence, a place of landing specified in regulation 81(1)(c); and

(e)for the purposes of scallop fishing by the holder of a Scallop Dive (Port Phillip Bay) Fishery Access Licence, a place of landing specified in regulation 81(1)(d); and

(f)for the purposes of sea urchin fishing by the holder of a Sea Urchin Fishery Access Licence, a place of landing specified in regulation 81(1)(e); and

(g)for the purposes of fishing by the holder of a Western Port/Port Phillip Bay Fishery Access Licence, a place of landing specified in regulation 81(1)(f); and

(h)in any other case, a place where fish are landed;

Port Phillip Bay means all the waters within the bays lying north of a line from the most seaward point of Point Lonsdale to the most seaward point of Point Nepean and includes the waters of Hobson's Bay and Corio Bay, but not the waters of Swan Bay;

Port Phillip Bay abalone size zone means Port Phillip Bay shown on the plans in Parts 1 and 3 of Schedule 3;

Port Phillip Bay sea urchin zone means Port Phillip Bay shown on the plan in Part 1 of Schedule 6;

priority rivers and streams means the following rivers and streams—

(a)Nariel Creek upstream of the Colac Colac Bridge;

(b)Rubicon River;

(c)Mitta Mitta River upstream of Lake Dartmouth;

(d)Ovens River upstream of the Porepunkah Bridge;

product description, in relation to abalone, means whether the abalone is unshucked or processed and, if processed, the exact form of the abalone product;

protected aquatic biota permit means a permit issued under section 72 of the Act;

public officer has the same meaning as in the Public Records Act 1973;

purse seine net means a positively buoyant surface net designed or used to surround fish that is closed by the tightening of the lead line;

quota unit balance, in relation to an individual quota unit allocated to an access licence, means the remaining amount of fish permitted to be taken under that quota unit during a specified quota period, taking into account any authorisation in a quota order given to the holder of the access licence to take fish in excess of the allocated quota for the individual quota unit;

ray includes any species of ray, skate or guitarfish;

recreational bait net means a net not exceeding 6 metres in length designed, or capable of being used, for the purpose of taking fish by being drawn through the water, with hauling lines attached to each end not exceeding 6 metres in length, but does not include a cast net;

recreational hoop net means a cylindrical net open at the top, consisting of not more than 2 hoops not exceeding 77 centimetres in diameter with a maximum drop of 50 centimetres;

recreational reef zone means any area of marine waters hatched on the plans in Parts 1, 2 and 3 of Schedule 13;

registered, in relation to a boat, means registered under Part 5;

registered establishment number means the registration number allotted to a registered establishment under paragraph 4.09(a) of the Export Control (Prescribed Goods—General) Order 2005 of the Commonwealth by the Secretary to the Department of Agriculture and Water Resources of the Commonwealth;

registration number means the number allocated by the Victorian Fisheries Authority to a boat under regulation 110;

restaurant or cafe means premises that are used by the public, or a section of the public, to purchase cooked, prepared or pre-prepared food or drink for immediate consumption (whether that food or drink is consumed on the premises or not);

rock lobster coff register means—

(a)a register that contains individually numbered records in the form approved by the Victorian Fisheries Authority that is used to record information about the movement of rock lobster in and out of a coff; or

(b)a rock lobster coff register within the meaning of regulation 5 of the old regulations;

rock lobster fishery access licence means any one of the following classes of access licence—

(a)Rock Lobster Fishery (Western Zone) Access Licence;

(b)Rock Lobster Fishery (Eastern Zone) Access Licence;

rock lobster pot means any basket, box, net, trap or cage or any other thing that is designed for use, or is capable of being used, for or in connection with the taking by trapping of rock lobster or giant crab, but does not include a bay fish trap, recreational hoop net or commercial hoop net;

salmonid means any fish of the family Salmonidae, including brown trout, rainbow trout, Atlantic salmon and chinook salmon;

scallop means Pecten fumatus or doughboy scallop;

scallop commercial fishing exclusion zone means an area shown hatched on a plan in Parts 1 and 2 of Schedule 14;

scallop dredge means any net or cage attached to a rigid framed device or any other thing that is designed for use, or is capable of being used for, or in connection with, the taking of scallop, but does not include a fishing dredge, shrimp dredge or dip net;

sea urchinmeans black sea urchin or white sea urchin;

sea urchin commercial fishing management zone is comprised of all of the following zones—

(a)the western sea urchin zone;

(b)the central sea urchin zone;

(c)the Port Phillip Bay sea urchin zone;

(d)the eastern sea urchin zone;

sea-run trout rivers means the rivers and streams specified in Schedule 15;

seine net means any net designed or used to surround fish that is drawn through the water to close the ends of the net but does not include a recreational bait net, trawl net, purse seine net, lampara net, Danish seine net or dip net;

Shallow Inlet means the total area of that inlet bounded by a straight line running between the mean high water mark on the seaward extremities of each side of the Shallow Inlet entrance;

shell shovel means a hand-held shovel with a blade not exceeding 30 centimetres in width and attached to a handle;

shrimp dredge means a net bag attached to a frame not exceeding 1 metre by 40 centimetres and that forms an opening or mouth to the net bag;

shuckmeans to remove the meat from the shell of a mollusc in any manner;

skipjack tuna means any species of the genus Katsuwonus;

snapper means Pagrus auratus;

snapper zone means either of the following zones—

(a)western snapper zone;

(b)eastern snapper zone;

soft-shelled rock lobster means a rock lobster where the carapace, if depressed along the dorsal median line, fails to immediately return to its original shape;

southern rock cod means any species of genera Lotella and Pseudophycis;

spear gun means a mechanical device or other thing that is capable of imparting propulsive energy to a spear or arrow, but does not include a crossbow or a bow and arrow;

specified details means any details required to be given by the holder of a commercial fishery licence to the Victorian Fisheries Authority, via the fisheries notification service, under regulations 79, 84, 86, 87, 88, 320 and 330;

spider crab trap means a device constructed of sticks or mesh not exceeding 1 metre in length and 40 centimetres in diameter used for the purpose of catching crab;

spiny freshwater crayfish means Glenelg spiny freshwater crayfish, Murray spiny freshwater crayfish and all other species of genera Euastacus and Cherax (except for Cherax destructor);

stake netmeans a net, joined to a stake or stakes or any other object in a fixed position, which is designed for use or capable of being used to catch fish by the movement of water through the net;

Swan Bay includes all the waters of that bay lying westward of a line from Black Billy Point to Point Norgate westward from the mouth of the Queenscliff Creek;

tare weight, in relation to bins containing landed abalone, means the weight of all those bins including the bin lids and bin inserts, but does not include the abalone;

tender boat means a boat that is not registered that—

(a)in a rock lobster fishery or giant crab fishery, is used by the holder of a rock lobster fishery access licence or a Giant Crab Fishery (Western Zone) Access Licence to assist with the landing of rock lobster or giant crab (as the case may be) from the registered boat specified in the licence; and

(b)in any other fishery, is engaged in a fishing operation (other than an operation involving the use of purse seine nets) with—

(i)one other larger boat that is registered; or

(ii)2 other boats, one of which is registered; and

(c)has the letter "T" and the identifying mark of the registered boat displayed on both sides of the bow;

the Act means the Fisheries Act 1995;

trammel net means a configuration of multi‑panelled nets set one behind the other, all or some or part of which are attached to the same section of a head line;

trawl net means any net that is towed through the water by a boat or boats making way, but does not include a purse seine net, seine net, Danish seine net or lampara net;

(d)a scallop receipt within the meaning of the old regulations;

(e)a sea urchin receipt within the meaning of the old regulations;

(f)a small sales return within the meaning of the old regulations.

SCHEDULE 1—REVOKED REGULATIONS

Regulation 4

S.R. No.	Title
2/2009	Fisheries Regulations 2009
118/2010	Fisheries Amendment Regulations 2010
18/2013	Fisheries Amendment Regulations 2013
10/2016	Fisheries (Catch Limit) Amendment Regulations 2016
95/2016	Fisheries Amendment Regulations 2016
10/2017	Fisheries Amendment Regulations 2017
11/2017	Fisheries Amendment (Catch Limit for Scallop Dive (Port Phillip Bay) Fishery) Regulations 2017
11/2019	Fisheries and Fisheries (Fees, Royalties and Levies) Amendment Regulations 2019

SCHEDULE 2—DETAILS FOR AQUACULTURE PRODUCTION RETURN

Regulation 5

1.The name and contact details of the aquaculture licence holder

2.The licence number

3.The commencement date and end date of the period to which the return relates

4.The quantity of fish moved from the area or areas specified in the licence

5.The species of fish moved from the area or areas specified in the licence

6.The average price obtained for each species sold during the period to which the return relates

SCHEDULE 3—BLACKLIP ABALONE SIZE ZONES

Part 1—Blacklip abalone size zones

Regulation 5

Note

The Port Phillip Bay abalone size zone does not include Swan Bay.

Note

The Port Phillip Bay abalone size zone does not include Swan Bay.

Part 2—Mallacoota airport abalone size zone

Regulation 5

Part 3—Boundary between the Port Phillip Bay abalone size zone and the central abalone size zone

Regulation 5

SCHEDULE 4—ABALONE ZONES

Regulation 5

SCHEDULE 5—OCTOPUS COMMERCIAL FISHING MANAGEMENT ZONES

Regulation 5

SCHEDULE 6—SEA URCHIN COMMERCIAL FISHING MANAGEMENT ZONES AND PORTS AND MOORING AREAS

PART 1—SEA URCHIN COMMERCIAL FISHING MANAGEMENT ZONES

Regulation 5

Note

The Port Phillip Bay sea urchin zone does not include Swan Bay.

Part 2—Sea urchin commercial fishing ports and mooring areas

Regulation 81(1)(e)

Altona Boat Ramp Car Park

Apollo Bay Boat Ramp

Avalon Boat Ramp

Bastion Point

Bay of Islands Boat Ramp

Black Rock Boat Ramp

Cape Bridgewater Beach

Cape Conran Boat Ramp

Clifton Springs Boat Ramp

Cowes Jetty

Flinders Boat Ramp

Frankston Boat Ramp

Hastings Boat Ramp

Inverloch Boat Ramp

Killarney Boat Ramp

Kirks Point

Lorne–Grey Point Boat Ramp

Mallacoota Main Wharf

Marlo Jetty

Mornington Boat Ramp (Schnapper Point)

Newhaven Boat Ramp

Ocean Grove Boat Ramp

Patterson River Boat Ramp

Peterborough–Boat Bay Carpark

Pier 35

Port Albert Boat Ramp

Port Campbell Jetty

Port Fairy Boat Ramp

Port Welshpool Boat Ramp

Portland Boat Ramp

Portland Fishermans Wharf

Queenscliff Boat Ramp

Rhyll Boat Ramp

Rye Boat Ramp

St Helens Boat Ramp

St Kilda Marina Carpark

San Remo Fishermans Wharf

Sandy Point

Shallow Inlet Carpark

Sorrento Boat Ramp

Stony Point Boat Ramp

Taylors Bay Boat Ramp

The Basin Carpark (Killarney)

Torquay Boat Ramp

Walkerville North

Walkerville South

Wally's Ramp (Allestree)

Warrnambool Boat Ramp

Werribee South Boat Ramp

West Bank Ramp (Nelson)

SCHEDULE 7—CENTRAL VICTORIAN WATERS

Regulation 5

Part 1—Central Victorian waters

Part 2—Central Victorian waters boundary near Arch Rock

SCHEDULE 8—PIPI FISHING ZONES, DESIGNATED ACCESS POINTS AND DESIGNATED PIPI WEIGHING POINTS

PART 1—PIPI COMMERCIAL FISHING MANAGEMENT ZONES

Regulation 5

Part 2—Discovery Bay pipi zones

Regulation 5

Part 3—Venus Bay commercial pipi zone

Regulation 5

Part 4—Venus Bay recreational pipi zone

Regulation 5

Part 5—Designated access points for commercial fishing in Discovery Bay pipi zone

Regulation 5

Part 6—Designated pipi weighing points for commercial fishing in Discovery Bay pipi zone

Regulation 5

Table

Column 1 Designated pipi weighing point	Column 2 Latitude	Column 3 Longitude
Glenelg River carpark	38° 3' 25.38" South	140° 59' 40.32" East
Nelson Ocean Beach carpark	38° 3' 53.22" South	141° 0' 54.66" East
Noble Rocks carpark	38° 6' 57.84" South	141° 7' 52.56" East
Lake Mombeong carpark	38° 8' 1.89" South	141° 11' 8.99" East
Swan Lake carpark	38° 12' 57.54" South	141° 18' 40.8" East

SCHEDULE 9—ROCK LOBSTER ZONES

Regulation 5

SCHEDULE 10—SNAPPER ZONES

Regulation 5

SCHEDULE 11—FAMILY FISHING LAKES

Regulation 5

Albert Park Lake, Albert Park

Alexandra Lake, Ararat

Allans Flat Dredge Hole, Allans Flat

Anderson Lake, Chiltern

Arboretum Dam, Euroa

Bannockburn Lagoon, Bannockburn

Barge Dam, Stanley (also known as Stanley Ditch Dam)

Bartlett Lake, Tatura

Belvoir Park Lake (also known as Sumsion Gardens Lake), Wodonga

Berwick Springs Estate Lake, Narre Warren South

Boyds Waters, Waurn Ponds

Calembeen Lake, Creswick

Casey Fields Lake, Cranbourne

Cato Lake, Stawell

Caulfield Racecourse Lake, Caulfield

Cobden Lake, Cobden

Coleraine Lagoon, Coleraine

Crusoe Reservoir, Big Hill (Bendigo)

Darlingsford Lake, Melton

Don Lake, Healesville

Donald Caravan Park Lake, Donald (also known as Foletti Caravan Park Lake)

Dunkeld Arboretum, Dunkeld

Eildon Pondage, Eildon

Emerald Lake, Emerald

Esmond Lake, Ballarat

Ess Lagoon, Casterton

Expedition Pass Reservoir, Golden Point (Castlemaine)

Felltimber Creek Wetlands, West Wodonga

Ferntree Gully Quarry Lake, Ferntree Gully

Forest Lake, Kangaroo Flat

Garfield Lake, Garfield

Glenlyon Dam, Glenlyon

Goldfields Reservoir, Maryborough

Golf Course Dam, Longwood

Great Western Recreation Reserve Lake, Great Western

Haddon Reservoir, Haddon

Hanging Rock Lake, Hanging Rock

Harrietville Dredge Hole, Harrietville

Heyfield Racecourse Lake, Heyfield

Hill Lake, Rowville

Hyland Lake, Churchill

Jack Emmett Billabong, Rupanyup (also known as Jack Emmett Lagoon)

Jubilee Lake, Daylesford

Jubilee Lake, Skipton

Karkarook Lake, Moorabbin

Kennington Reservoir, Strathdale

Kerferd Lake, Stanley

Les Stone Park Lake, Wodonga

Lethbridge Lake, Lethbridge

Lilliput Lane Reserve Lake, Pakenham

Lillydale Lake, Lilydale

Lismore Golf Club Dam, Lismore

Marma Lake, Murtoa

Marysville Lake, Marysville

Merriwa Park Lake, Wangaratta

Minyip Wetlands, Minyip

Mooroopna Recreation Reserve Lake, Mooroopna

Morwell Lake, Morwell (also known as Kernot Lake)

Mt Beauty Pondage, Mt Beauty

Navan Park Lake, Harkness

Neanger Lake, Eaglehawk

Nhill Lake, Nhill

Numurkah Lake, Numurkah

Old Hamilton Reservoir, Hamilton

Pakenham Lake, Pakenham

Pertobe Lake, Warrnambool

Police Paddock Dams, Dooen

Quarry Street Reserve Lake, Trentham

Rokewood Reservoir, Rokewood

Roxburgh Park Lakes, Roxburgh Park

St Augustines Water Hole, Highton

Sambell Lake, Beechworth

Sandy Creek Reservoir, Sandy Creek

Simpson Recreation Reserve Lakes, Simpson

Spavin Lake, Sunbury

Sutton Lake, Rowville

Tchum Lake, Narraport

Tea Tree Lake, Mortlake

The Gong, Buninyong

Tom Thumb Lake, Eaglehawk

Victoria Lake, Ballarat

Victoria Lake, Shepparton

Walter J Smith Reserve Lake, Riddells Creek

Yarrambat Park Lake, Yarrambat

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

SCHEDULE 13—RECREATIONAL REEF ZONES

Regulation 5

Part 1—Port Phillip Bay

Part 2—Gippsland Lakes

Part 3—Torquay

SCHEDULE 14—SCALLOP DIVE (PORT PHILLIP BAY) FISHERY ACCESS LICENCE EXCLUSION ZONES AND PORTS AND MOORING AREAS

Part 1—Scallop commercial fishing exclusion zone at Indented Head

Regulation 5

PART 2—SCALLOP COMMERCIAL FISHING EXCLUSION ZONE AT RYE

Regulation 5

Part 3—Scallop commercial fishing ports and mooring areas

Regulation 81(1)(d)

Altona Boat Ramp

Avalon Boat Ramp

Black Rock Boat Ramp

Clifton Springs Boat Ramp

Frankston Boat Ramp

Kirk Point Boat Ramp

Limeburners Point Boat Ramp

Mordialloc Boat Ramp

Mornington Boat Ramp (Schnapper Point)

Newport (Warmies) Boat Ramp

Patterson River Boat Ramp

Point Richards Boat Ramp

Portarlington Boat Ramp

Queenscliff Boat Ramp

Safety Beach Boat Ramp

St Helens Boat Ramp

St Kilda Marina Carpark

St Leonards Boat Ramp

Werribee South Boat Ramp

Williamstown Boat Ramp

Wyndham Harbour

SCHEDULE 15—SEA-RUN TROUT RIVERS

Regulation 5

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)

Hopkins River

Merri River

Mitchell River (downstream of the Princes Highway Bridge at Bairnsdale)

Moyne River

Tambo River (downstream of the Bruthen Road Bridge)

SCHEDULE 16—DEFINITIONS OF FISHERIES

Regulation 7

Table

Column 1 Item No.	Column 2 Fishery	Column 3 Species of fish	Column 4 Type of fishing equipment	Column 5 Area of waters
1	Abalone (Commercial)	Abalone	—	Marine waters
2	Bait (General) (Commercial)	—	As specified in the licence under regulation 43	Protected waters as specified in the licence under regulation 43
3	Banded Morwong (Commercial)	Banded Morwong	—	Marine Waters east of longitude 147° 13' 22'' East (other than the Gippsland Lakes and any inlet of the sea)
4	Corner Inlet (Commercial)	—	—	Corner Inlet
5	Eel (Commercial)	Eel	Fyke nets	—
6	Giant Crab (Commercial)	—	Rock lobster pots	Marine waters west of longitude 143° 40' East
*                *                *                *                *
8	Gippsland Lakes (Bait) (Commercial)	—	—	Gippsland Lakes
9	Gippsland Lakes (Mussel Dive) (Commercial)	Mussel	Underwater breathing apparatus	Gippsland Lakes
10	Inland waters (Recreational)	—	Recreational fishing equipment	Inland waters, including Lake Hume, excluding Lake Mulwala
11	Lake Tyers (Bait) (Commercial)	—	—	Lake Tyers
12	Mallacoota Lower Lake (Bait) (Commercial)	—	—	Lower Lake at Mallacoota
13	Marine waters (Commercial)	—	—	Marine waters
14	Marine waters (Recreational)	—	Recreational fishing equipment	Marine waters
15	Ocean (Commercial)	—	—	Marine waters (other than Port Phillip Bay, Western Port, Gippsland Lakes and any inlet of the sea)
16	Octopus (Commercial)	Octopus	Octopus pots and octopus trigger traps	Marine waters (other than Port Phillip Bay, Western Port, Corner Inlet, Gippsland Lakes and any inlet of the sea)
17	Pipi (Commercial)	Pipi	Dip net	Marine waters (including the intertidal zone) other than—
(a) Port Phillip Bay, Western Port, Gippsland Lakes and any inlet of the sea; and (b) Venus Bay recreational pipi zone
18	Protected waters (Commercial)	—	—	Protected waters excluding marine waters
19	Purse Seine (Ocean) (Commercial)	—	Purse seine nets, and lampara nets	Marine waters (other than Port Phillip Bay, Western Port, Gippsland Lakes and any inlet of the sea)
20	Rock lobster (Commercial)	—	Rock lobster pots	—
21	Scallop (Ocean) (Commercial)	Scallop	Scallop dredge	Marine waters (other than Port Phillip Bay, Western Port, Gippsland Lakes and any inlet of the sea)
22	Scallop Dive (Port Phillip Bay) (Commercial)	Scallop	Underwater breathing apparatus	Port Phillip Bay other than an area specified in regulation 407
23	Sea urchin (Commercial)	Sea urchin	Underwater breathing apparatus	Eastern sea urchin zone Central sea urchin zone Western sea urchin zone Port Phillip Bay sea urchin zone
24	Snowy River (Bait) (Commercial)	—	—	Snowy River
25	Sydenham Inlet (Bait) (Commercial)	—	—	Sydenham Inlet
26	Trawl (Inshore) (Commercial)	—	Trawl nets	Marine waters (other than Port Phillip Bay, Western Port, Gippsland Lakes and any inlet of the sea)
27	Western Port/ Port Phillip Bay (Commercial)	—	—	Western Port and Port Phillip Bay
28	Wrasse (Ocean) (Commercial)	Wrasse	—	Marine waters (other than Port Phillip Bay, Western Port, Gippsland Lakes and any inlet of the sea)

SCHEDULE 17—BASE NUMBER OF LICENCES FOR PURPOSES OF CALCULATING MAXIMUM NUMBER OF LICENCES

Regulations 22 and 23

Table

Column 1 Item No.	Column 2 Class of access licence	Column 3 Base number
1	Abalone Fishery (Central Zone) Access Licence	34
2	Abalone Fishery (Eastern Zone) Access Licence	23
3	Abalone Fishery (Western Zone) Access Licence	14
4	Banded Morwong Fishery Access Licence	2
5	Corner Inlet Fishery Access Licence	18
6	Eel Fishery Access Licence	18
7	Giant Crab Fishery (Western Zone) Access Licence	34
8	Gippsland Lakes (Bait) Fishery Access Licence	10
*                *                *                *                *
10	Gippsland Lakes (Mussel Dive) Fishery Access Licence	2
11	Lake Tyers (Bait) Fishery Access Licence	2
12	Mallacoota Lower Lake (Bait) Fishery Access Licence	2
13	Ocean Fishery Access Licence	157
14	Octopus Fishery Access Licence	11
15	Pipi Fishery Access Licence	9
16	Purse Seine (Ocean) Fishery Access Licence	1
17	Rock Lobster Fishery (Eastern Zone) Access Licence	46
18	Rock Lobster Fishery (Western Zone) Access Licence	85
19	Scallop (Ocean) Fishery Access Licence	91
20	Scallop Dive (Port Phillip Bay) Fishery Access Licence	1
21	Snowy River (Bait) Fishery Access Licence	2
22	Sydenham Inlet (Bait) Fishery Access Licence	2
23	Trawl (Inshore) Fishery Access Licence	60
24	Western Port/Port Phillip Bay Fishery Access Licence	9
25	Wrasse (Ocean) Fishery Access Licence	27

SCHEDULE 18—CATCH LIMITS FOR ACCESS LICENCE HOLDERS

Regulation 72

TABLE A—CATCH LIMITS ON CERTAIN SPECIES OF FISH WHEN TAKEN BY ACCESS LICENCE HOLDER

Column 1 Item No.	Column 2 Species of fish	Column 3 Catch limit
1	Albacore, skipjack tuna and longtail tuna and Ray's bream (Pomfret) combined	10 fish
2	Bigeye and yellowfin tuna combined	2 fish
3	Blue-eye trevalla and pink ling combined	50 kilograms
4	Jackass morwong	50 kilograms
5	John dory	30 kilograms
6	Mirror dory	20 kilograms
7	Ocean perch	50 kilograms
8	Redfish	50 kilograms
9	Warehou, blue	100 kilograms
10	Warehou, silver	100 kilograms
11	Yellow eye redfish	50 kilograms

Regulation 73

TABLE B—SPECIES OF FISH THAT MAY NOT BE TAKEN BY ACCESS LICENCE HOLDER

Column 1

Item No.

Column 2

Species of fish

1

Bass groper

2

Black oreodory

3

Blue grenadier

4

Gemfish

5

Hapuku

6

King dory

7

Marlin (all species)

8

Northern bluefin tuna

9

Orange roughy

10

Oxeye oreodory

11

Smooth oreodory

12

Southern bluefin tuna

13

Spikey oreodory

14

Swordfish

15

Warty oreodory

SCHEDULE 19—PORTS AND MOORING AREAS AT WHICH GIANT CRAB AND ROCK LOBSTER MAY BE LANDED

Regulations 81(1)(b), 81(1)(c),

353 and 381

Anglesea

Apollo Bay

Barwon Heads

Cape Bridgewater

Cape Conran

Cowes

Flinders

Hastings

Inverloch

Lakes Entrance

Lorne

Mallacoota

Marlo Jetty

McLoughlins Beach

Ocean Grove

Port Albert

Port Campbell

Port Fairy

Port Welshpool

Portland

Portsea Pier

Queenscliff

San Remo

Seaworks, Williamstown

Sorrento

Torquay

Ventnor

Walkerville South

Warrnambool

SCHEDULE 20—BANDED MORWONG COMMERCIAL FISHING PORTS AND MOORING AREAS

Regulation 81(1)(a)

Cape Conran Boat Ramp

Lakes Entrance North Arm Boat Ramp on Marine Parade (opposite Laura Street)

Bastion Point

Mallacoota Main Wharf

Marlo Jetty

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

SCHEDULE 22—TOORLOO ARM AND NOWA ARM OF LAKE TYERS

Regulation 122(4)

*                *                *                *                *

SCHEDULE 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)

Regulations 157(1), 158(1) and 161

Table

Column 1 Item No.	Column 2 Fish species	Column 3 Minimum size	Column 4 Maximum size	Column 5 Area of Victoria in which catch limit specified in Column 6 applies	Column 6 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified)
						1	Albacore and skipjack tuna	—	—	All Victorian waters	A total of 5 fish (of one species or a combination of both species)
2	Anchovy, pilchard and other clupeoids	—	—	All Victorian waters	A total of 40 fish (of one species or a combination of all species)
3	Australian bass and estuary perch and hybrids	27 cm	—	Lake Bullen Merri	A total of 5 fish (of one species or a combination of both species)
				All other Victorian waters	A total of 5 fish (of which no more than 2 fish may be Australian bass)
4	Australian salmon and Australian herring (tommy ruff)	21 cm (Australian salmon) —(Australian herring (tommy ruff))	—	All Victorian waters	A total of 20 fish (of one species or a combination of both species)
5	Australian smelt, broad‑finned galaxias, common galaxias, flat-headed galaxias, mountain galaxias and spotted galaxias	—	—	All Victorian waters	A total of 40 fish (of one species or a combination of all species)
Column 1 Item No.	Column 2 Fish species	Column 3 Minimum size	Column 4 Maximum size	Column 5 Area of Victoria in which catch limit specified in Column 6 applies	Column 6 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified)
						6	Australian whitebait	—	—	All Victorian waters	0
7	Barracouta	—	—	All Victorian waters	20
8	Black cod	—	—	All Victorian waters	0
9	Blue groper	—	—	All Victorian waters	0
10	Boarfish (all species)	—	—	All Victorian waters	1
11	Bream (all species including tarwhine)	28 cm	—	All Victorian waters	10
12	Crabs (all species except giant crab and European green shore crab)	—	—	All Victorian waters Note: See regulation 132 for intertidal zone restrictions	30 crabs or 1 litre of whole or parts of crabs
13	Eel, Longfin and Southern shortfin	—	—	All Victorian waters	A total of 10 fish (of one species or a combination of both species)
14	Elephantfish	—	—	All Victorian waters	1
15	European green shore crab	—	—	All Victorian waters	No limit
Column 1 Item No.	Column 2 Fish species	Column 3 Minimum size	Column 4 Maximum size	Column 5 Area of Victoria in which catch limit specified in Column 6 applies	Column 6 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified)
						16	Flathead (all species except dusky flathead)	27 cm	—	All Victorian waters	20
17	Flathead, Dusky	30 cm	55 cm	All Victorian waters	5
18	Flounder (all species)	23 cm	—	All Victorian waters	20
19	Freshwater catfish	30 cm	—	Inland waters within the Wimmera Basin	2
				All other Victorian waters	0
20	Garfish (all species)	—	—	All Victorian waters	40
21	Gemfish	—	—	All Victorian waters	5 Note: Regulation 73 prohibits the holder of an access licence from taking or possessing gemfish
22	Glenelg spiny freshwater crayfish	—	—	All Victorian waters	0
23	Goatfish	—	—	All Victorian waters	20
24	Golden perch	30 cm	—	All Victorian waters	5
25	Gudgeon, Flat‑headed	—	—	All Victorian waters	40
Column 1 Item No.	Column 2 Fish species	Column 3 Minimum size	Column 4 Maximum size	Column 5 Area of Victoria in which catch limit specified in Column 6 applies	Column 6 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified)
						26	Gudgeon, Western carp	—	—	All Victorian waters	40
27	Gurnard (all species)	—	—	All Victorian waters	10
28	Hardyhead (all species of the family Atherinidae other than Murray hardyhead and unspecked hardyhead)	—	—	All Victorian waters	40
29	King George whiting	27 cm	—	All Victorian waters	20
30	Leatherjacket (all species)	—	—	All Victorian waters	20
31	Ling (all species)	30 cm	—	All Victorian waters	5
32	Longfin pike and snook	30 cm	—	All Victorian waters	A total of 10 fish (of one species or a combination of both species)
33	Luderick	23 cm	—	All Victorian waters	10
34	Mackerel (all species of the genera Trachurus and Scomber other than yellowtail scad)	—	—	All Victorian waters	40
35	Macquarie perch	35 cm	—	Lake Dartmouth and all its tributaries	1
Column 1 Item No.	Column 2 Fish species	Column 3 Minimum size	Column 4 Maximum size	Column 5 Area of Victoria in which catch limit specified in Column 6 applies	Column 6 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified)
						Upper Coliban Reservoir and all its tributaries	2
All other Victorian waters	0
36	Marlin (all species) and swordfish	—	—	All Victorian waters	A total of one fish (of one species or a combination of all species) Note: Regulation 73 prohibits the holder of an access licence from taking or possessing marlin (all species) or swordfish
37	Molluscs (all species other than abalone, mussels, pipis, scallop, squid, octopus, oysters and cuttlefish)	—	—	All Victorian waters Note: See regulations 132 and 133 for intertidal zone restrictions	5 litres (or, if shucked or split, 1 litre)
38	Morwong (all species)	23 cm	—	All Victorian waters	5
39	Mullet (all species)	—	—	All Victorian waters	40
40	Mulloway	60 cm	—	All Victorian waters	5
41	Murray cod	55 cm	75 cm	All Victorian waters	2 (of which no more than one fish may be taken from waters other than Murray cod
Column 1 Item No.	Column 2 Fish species	Column 3 Minimum size	Column 4 Maximum size	Column 5 Area of Victoria in which catch limit specified in Column 6 applies	Column 6 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified)
						waters and no more than one fish may be possessed in, on, or next to waters other than Murray cod waters)
42	Murray spiny freshwater crayfish	10 cm	12 cm	All Victorian waters	2
43	Mussels (all species other than Glenelg freshwater mussel)	—	—	All Victorian waters Note: See regulation 132 for intertidal zone restrictions	10 litres (or, if shucked or split, 1 litre)
44	Oyster (all species)	—	—	All Victorian waters Note: See regulation 132 for intertidal zone restrictions	50
45	Pipis	—	—	Cape Liptrap Coastal Park	2 litres (or, if shucked or split, 0·5 litre)
				All other Victorian waters	5 litres (or, if shucked or split, 1 litre)
				Note: See regulation 132 for intertidal zone restrictions
Column 1 Item No.	Column 2 Fish species	Column 3 Minimum size	Column 4 Maximum size	Column 5 Area of Victoria in which catch limit specified in Column 6 applies	Column 6 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified)
						46	Prawn (all species)	—	—	All Victorian waters	30 litres whole prawns (or 5 litres prawn meats)
47	Ray	—	1500 cm	Victorian waters within 400 metres of any pier, jetty, wharf or breakwater	0 (does not apply to a person who possesses a ray taken from other waters when that person is in the course of transporting and landing that ray)
				All other Victorian waters	1
48	Redfin	—	—	All Victorian waters	No limit
49	River blackfish and twospine blackfish	30 cm	—	All Victorian waters	A total of 2 fish (of one species or a combination of both species)
50	Sand worm and other marine worms of the class Polychaeta	—	—	All Victorian waters	0·5 litre (whether whole or in parts)
51	Scad, Yellowtail	—	—	All Victorian waters	40
52	Seahorses, seadragons and pipefish	—	—	All Victorian waters	0
53	Shark (all species other than school shark, gummy shark, great white shark, grey nurse shark and elephantfish)	—	—	All Victorian waters	1 (of each species)
Column 1 Item No.	Column 2 Fish species	Column 3 Minimum size	Column 4 Maximum size	Column 5 Area of Victoria in which catch limit specified in Column 6 applies	Column 6 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified)
						54	Shark (great white shark and grey nurse shark)	—	—	All Victorian waters	0
55	Shark (gummy shark and school shark)	45 cm	—	All Victorian waters	A total of 2 fish (of one species or a combination of both species)
56	Shrimp (burrowing shrimp including Bass yabby)	—	—	All Victorian waters	0·5 litre (whether whole or in parts)
57	Shrimp (swimming shrimp)	—	—	All Victorian waters Note: See regulation 132 for intertidal zone restrictions	0·5 litre
58	Silver perch	30 cm	—	Lakes and impound­ments of inland waters north of the Great Dividing Range (excluding the Wimmera Basin)	5
				Rivers and streams of inland waters north of the Great Dividing Range (excluding the Wimmera Basin)	0
Column 1 Item No.	Column 2 Fish species	Column 3 Minimum size	Column 4 Maximum size	Column 5 Area of Victoria in which catch limit specified in Column 6 applies	Column 6 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified)
						All inland waters south of the Great Dividing Range (including the Wimmera Basin)	5
59	Silver trevally	20 cm	—	All Victorian waters	20
60	Snapper	28 cm	—	All Victorian waters	10 (of which no more than 3 fish may be equal to or exceed 40 cm in length)
61	Southern rock cod	23 cm	—	All Victorian waters	20
62	Spiny freshwater crayfish (other than Glenelg spiny freshwater crayfish and Murray spiny freshwater crayfish)	9 cm	—	All Victorian waters	5 (of which no more than one fish may be equal to or exceed 12 cm in carapace length)
63	Squid (including calamari), octopus and cuttlefish (all species)	—	—	All Victorian waters	A total of 10 fish (of one species or a combination of all species)
64	Sweep (all species)	23 cm	—	All Victorian waters	10
65	Tailor	23 cm	—	All Victorian waters	20
Column 1 Item No.	Column 2 Fish species	Column 3 Minimum size	Column 4 Maximum size	Column 5 Area of Victoria in which catch limit specified in Column 6 applies	Column 6 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified)
						66	Trout cod	40 cm	50 cm	Trout cod waters	1
All other Victorian waters	0
67	Tuna (other than albacore and skipjack tuna)	—	—	All Victorian waters	2 Note: Regulation 73 prohibits the holder of an access licence from taking or possessing southern bluefin tuna
68	Warehou (haddock) (all species)	—	—	All Victorian waters	20
69	Whiting (all species other than King George Whiting)	—	—	All Victorian waters	20
70	Wrasse (all species other than blue groper)	27 cm	—	All Victorian waters	5
71	Yabby	—	—	All Victorian waters	20 litres of whole yabby or 150 whole yabby or 5 litres of yabby meat in any form not exceeding 150 tails (including claws or other parts)
72	Yellowtail kingfish	60 cm	—	All Victorian waters	5
Column 1 Item No.	Column 2 Fish species	Column 3 Minimum size	Column 4 Maximum size	Column 5 Area of Victoria in which catch limit specified in Column 6 applies	Column 6 Daily limit for fish that may be taken or limit for fish that may be possessed (number of fish unless otherwise specified)
						73	Any fish which is a member of a listed taxon of fauna or a listed community of flora or fauna within the meaning of the Flora and Fauna Guarantee Act 1988 (unless such a fish is referred to elsewhere in this Table with a different catch limit)	—	—	All Victorian waters	0

Notes

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.

2Under section 45A of the National Parks Act 1975, a person must not take, or attempt to take, fish or fishing bait from an area in a marine national park or a marine sanctuary unless authorised to do so by a permit under section 21A of that Act. Section 45A of that Act further prohibits a person from using recreational fishing equipment in a marine national park or a marine sanctuary. The prohibitions in section 45A of the National Parks Act 1975 prevail over any licence, permit or other authority issued under the Act.

3Regulation 73 provides that the taking of a number of fish species referred to in Schedule 24 by the holder of an access licence is prohibited.

4Further possession limits apply under regulation 154.

5The minimum and maximum sizes, catch limits and closed seasons for salmonids are set out in Schedule 26.

SCHEDULE 25—MINIMUM SIZES FOR ACCESS LICENCE HOLDERS

Regulation 157(2)

Table

Column 1 Item No.	Column 2 Fish species	Column 3 Minimum size
1	Bluethroat wrasse	30 cm
2	Dusky flathead	27 cm
3	Lakes garfish (Hyporhamphus regularis)	20 cm
4	Ling	33 cm
5	Longfin pike	36 cm
6	Mullet, goldspot	22 cm
7	Mullet, sand	22 cm
8	Mullet, sea	25 cm
9	Mullet, yellow eye	24 cm
10	Snook	36 cm
11	Tailor	25 cm

SCHEDULE 26—MINIMUM AND MAXIMUM SIZES, CATCH LIMITS AND CLOSED SEASONS FOR SALMONIDS

Regulations 157(3), 158(2), 161(2) and 163(2)

Table

Column 1 Item No.	Column 2 Area where catch limit, possession limit and size limits apply	Column 3 Daily limit for fish that may be taken or limit for fish that may be possessed	Column 4 Minimum size	Column 5 Maximum size	Column 6 Closed season
1	Sea-run trout rivers	5	—	No more than 2 can exceed 35	—
2	Mount Emu Creek	5	—	No more than 2 can exceed 35	—
3	Priority rivers and streams	3	25 cm	No more than 2 can exceed 35	From midnight on the Monday of the Queen's birthday weekend in June each year, to midnight on the Friday before the first Saturday in September each year
4	All other rivers and streams of inland waters	5	—	No more than 2 can exceed 35	From midnight on the Monday of the Queen's birthday weekend in June each year, to midnight on the Friday before the first Saturday in September each year
5	Family fishing lakes	5	—	No more than 2 can exceed 35	—
6	Lake Toolondo	3	30 cm (rainbow trout) 45 cm (brown trout)	—	—
7	Hepburn Lagoon	3	45 cm	—	—
8	All other lakes and impoundments of inland waters	5	—	—	—

Note

Regulation 129 provides that it is an offence to use or possess a line and hook or handline in certain inland waters during the salmonid closed season.

SCHEDULE 27—SPECIES OF FISH THAT MAY BE TAKEN BY HOLDERS OF CERTAIN ACCESS LICENCES

Regulations 167, 214,
226, 230, 258 and 262

1.Anchovy of the family Engraulidae

2.Bass yabby and other burrowing shrimp of the genus Trypaea

3.Clam of the family Psammobiidae

4.Cockle of the genus Anadara

5.Any fish of the family Clupeidae including Australian sardine (Sardinops sagax) and Australian sprat (Sprattus novaehollandiae)

6.Crabs of the infraorder Brachyura including European green shore crab (Carcinus maenas) but excluding giant crab (Pseudocarcinus gigas)

7.Mullet of the family Mugilidae

8.Mussel of the family Mytilidae

9.Prawn of the families Alpheidae, Penaeidae and Palaemonidae

10.  Sand worm and other marine worms of the class Polychaeta

11.  Shrimp of the order Stomatopoda

12.  Yabby

SCHEDULE 28—PORTS AND MOORING AREAS AT WHICH ABALONE MAY BE LANDED

Regulation 319

Altona Boat Ramp Car Park

Apollo Bay Boat Ramp

Bastion Point

Bay of Islands Boat Ramp

Black Rock Boat Ramp

Cape Bridgewater Beach

Cape Conran Boat Ramp

Clifton Springs Boat Ramp

Cowes Jetty

Flinders Boat Ramp

Frankston Boat Ramp

Hastings Boat Ramp

Inverloch Boat Ramp

Killarney Boat Ramp

Kirks Point

Lorne–Grey Point Boat Ramp

Mallacoota Main Wharf

Marlo Jetty

Mornington Boat Ramp (Schnapper Point)

Newhaven Boat Ramp

Ocean Grove Boat Ramp

Patterson River Boat Ramp

Peterborough–Boat Bay Carpark

Pier 35

Point Roadknight

Port Albert Boat Ramp

Port Campbell Jetty

Port Fairy Boat Ramp

Port Welshpool Boat Ramp

Portland Boat Ramp

Portland Fishermans Wharf

Queenscliff Boat Ramp

Rhyll Boat Ramp

Rye Boat Ramp

St Helens Boat Ramp

St Kilda Marina Carpark

San Remo Fishermans Wharf

Sandy Point

Shallow Inlet Carpark

Sorrento Boat Ramp

Stony Point Boat Ramp

Taylors Bay Boat Ramp

The Basin Carpark (Killarney)

Torquay Boat Ramp

Walkerville North

Walkerville South

Wally's Ramp (Allestree)

Warrnambool Boat Ramp

Werribee South Boat Ramp

West Bank Ramp (Nelson)

SCHEDULE 29—COMMERCIAL QUANTITIES OF PRIORITY SPECIES

Regulation 455

Table

Column 1 Item No.	Column 2 Priority species	Column 3 Commercial quantity
1	Abalone	Either— (a) 100 or more abalone; or (b) 2 kilograms or more of dried abalone; or (c)  10 kilograms or more of canned abalone (including the weight of the cans and anything else in the cans); or (d) 10 kilograms or more of abalone in any other form (including shells, ice or any other thing that cannot readily be separated from the abalone in the form that it is found)
2	Murray cod	If the Murray cod are in carcass form, 6 fish or more; If the Murray cod are in any other form, 30 kilograms or more (including ice or any other thing that cannot be readily separated from the Murray cod in the form that it is found)
3	Rock lobster	20 or more rock lobsters
4	Southern bluefin tuna	If in carcass form, 3 fish or more; If in any other form, 160 kilograms or more (including ice or any other thing that cannot be readily separated from the southern bluefin tuna in the form that it is found)

SCHEDULE 30—DESIGNATED LICENCE CONDITIONS SUBJECT TO HIGHER PENALTIES IF BREACHED

(section 53 of the Act)

Regulation 464(c)

Conditions of commercial fishery licences in Part 2

61

66–75

77

79

81

83–88

94

95

Conditions relating to fish other than abalone, giant crab, rock lobster, scallop and sea urchin in Part 7

170

173–178

181–185

187

190–195

198–203

205

206

209

210

213

217

219

222

223

229

233

236–240

243

244

247–254

257

261

265

268–272

275–284

286

287

290

Conditions relating to abalone in Part 8

311–315

317–322

325

326

328–331

Conditions relating to giant crab in Part 9

350–355

357

358

Conditions relating to rock lobster in Part 10

378–383

385–388

Conditions relating to scallop in Part 11

396–399

402

404–407

Conditions relating to sea urchin in Part 12

413

Conditions of aquaculture licences in Part 13

436

440–442

444

SCHEDULE 31—OFFENCES FOR WHICH TIME FOR BRINGING PROCEEDINGS IS EXTENDED

Regulation 466

Column 1

Prescribed offence

Column 2

Prescribed period

Section 36(1)(a) of the Act

3 years

Section 36(1)(b) of the Act

3 years

Section 36(1)(c) of the Act

3 years

Section 37(1)(a) of the Act

3 years

Section 37(1)(b) of the Act

3 years

Section 39(1) of the Act

3 years

Section 39(2) of the Act

3 years

Section 39(3) of the Act

3 years

Section 40(1)(a) of the Act

3 years

Section 40(1)(b) of the Act

3 years

Section 40(1)(c) of the Act

3 years

Section 42(1)(a) of the Act

3 years

Section 42(1)(b) of the Act

3 years

Section 42(1)(c) of the Act

3 years

Section 53(1) of the Act

3 years

Section 53(4) of the Act

3 years

Section 60A(3) of the Act

3 years

Section 66(1) of the Act

3 years

Section 66A(1) of the Act

3 years

Section 66N of the Act

3 years

Section 67(3) of the Act

3 years

Section 68A(1)(a) of the Act

3 years

Section 68A(1)(b) of the Act

3 years

Section 68A(2)(a) of the Act

3 years

Section 68A(2)(b) of the Act

3 years

Section 68A(4B) of the Act

3 years

Section 68A(5) of the Act

3 years

Section 68B(1)(a) of the Act

3 years

Section 68B(1)(b) of the Act

3 years

Section 111(1)(f) of the Act

3 years

Section 111(2) of the Act

3 years

Section 112(2)(a) of the Act

3 years

Section 112(2)(b) of the Act

3 years

Section 114(3) of the Act

3 years

Section 116(1) of the Act

3 years

Section 116(2A) of the Act

3 years

Section 117(1)(a) of the Act

3 years

Section 117(1)(b) of the Act

3 years

Section 118(1) of the Act

3 years

Section 118A of the Act

3 years

Section 118B(1) of the Act

3 years

Section 118B(2) of the Act

3 years

Section 119(1)(a) of the Act

3 years

Section 119(1)(b) of the Act

3 years

Section 119(1)(c) of the Act

3 years

Section 119A(a) of the Act

3 years

Section 119A(b) of the Act

3 years

Section 119B(a) of the Act

3 years

Section 119B(b) of the Act

3 years

Section 120AA(2) of the Act

3 years

Section 120AA(3) of the Act

3 years

Section 120AB(2) of the Act

3 years

Section 120AC(2) of the Act

3 years

Section 120B of the Act

3 years

Section 120C(2) of the Act

3 years

Section 130(4) of the Act

3 years

Section 130A(5) of the Act

3 years

Section 130B(6) of the Act

3 years

Regulation 306 of these Regulations

3 years

Regulation 334(1) of these Regulations

3 years

Regulation 334(2) of these Regulations

3 years

SCHEDULE 32—OFFENCES IN THE ACT SUBJECT TO ADDITIONAL PENALTIES

Regulation 467

Section 36(1)(a)

Section 36(1)(b)

Section 36(1)(c)

Section 36(2)

Section 37(1)(a)

Section 37(1)(b)

Section 39(1)

Section 39(2)

Section 39(3)

Section 40(1)(a)

Section 40(1)(b)

Section 40(1)(c)

Section 42(1)(a)

Section 42(1)(b)

Section 42(1)(ba)

Section 42(1)(c)

Section 66A(1)

Section 66M(1)

Section 66N(1)

Section 67(3)

Section 68A(1)(a)

Section 68A(1)(b)

Section 68A(2)(a)

Section 68A(2)(b)

Section 68A(3)(a)

Section 68A(5)

Section 68A(7)(a)

Section 68B(1)(a)

Section 68B(1)(b)

Section 71(1)

Section 76

Section 108(1)

Section 108A(5)

Section 111(1)(a)(i)

Section 111(1)(a)(ii)

Section 111(1)(b)

Section 111(1)(c)

Section 111(1)(d)

Section 111(1)(e)

Section 111(1)(f)

Section 111(1)(g)

Section 111(1)(h)

Section 111(1)(i)

Section 111(2)

Section 111A

Section 111B

Section 111C

Section 112(1)

Section 112(2)(a)

Section 112(2)(b)

Section 113(1)(a)

Section 113(1)(b)

Section 113(1)(c)

Section 114(3)

Section 115(a)

Section 115(b)

Section 116(1)

Section 116(2A)

Section 119(1)(a)

Section 119(1)(b)

Section 119(1)(c)

Section 119A(a)

Section 119A(b)

Section 119B(a)

Section 119B(b)

Section 120A(4)

Section 130(4)

Section 130A(5)

Section 148(7)

═════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Fisheries Regulations 2019, S.R. No. 163/2019 were made on 23 December 2019 by the Governor in Council under section 153 of the Fisheries Act 1995, No. 92/1995 and came into operation on 1 February 2020: regulation 3.

The Fisheries Regulations 2019 will sunset 10 years after the day of making on 23 December 2029 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Fisheries Regulations 2019 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Fisheries Amendment Regulations 2020, S.R. No. 51/2020

Date of Making:	16.6.20
Date of Commencement:	16.6.20

Fisheries Amendment Regulations 2021, S.R. No. 161/2021

Date of Making:	14.12.21
Date of Commencement:	Regs 5–7, 9–21, 25–45 on 16.12.21: reg. 3(1); regs 22–24 on 1.4.22: reg. 3(2); reg. 8 on 1.7.22: reg. 3(3)

Fisheries Amendment (Recreational Fishery Licence Exemption) Regulations 2023, S.R. No. 63/2023

Date of Making:	27.6.23
Date of Commencement:	1.7.23: reg. 3

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3   Explanatory details

[1] Reg. 5 def. of old regulations: S.R. No. 2/2009. Reprint No. 2 as at 1 July 2017. Reprinted to S.R. No. 58/2017. Subsequently amended by S.R. No. 11/2019.

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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 2023 is $192.31.

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.