Victorian Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Download] [Help]

FISHERIES REGULATIONS 2019


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Objectives  
   2.      Authorising provision  
   3.      Commencement  
   4.      Revocations  
   5.      Definitions  
   6.      Additional types of fishing equipment prescribed for the purposes of the Act  
   7.      Definitions of fisheries  
   8.      References to geographic coordinates  
   9.      Interpretation of periods of time  
   10.     Methods of measurement of fishing nets and mesh sizes  
   11.     Method of measuring bait jig hook  
   12.     Method of identifying boundary between waters of lakes and rivers  
   13.     Application of these Regulations to traditional owners  

   PART 2--COMMERCIAL FISHERY LICENCES

           Division 1--Classes of commercial fishery licence

   14.     Classes of access licence  
   15.     Class of fish receiver licence  
   16.     Classes of aquaculture licence  

           Division 2--Administration of commercial fishery licences

   17.     Classes of commercial fishery licence that are transferable  
   18.     Classes of commercial fishery licence that may be held by a corporation  
   19.     Classes of access licence where licence holder must not personally carry out fishing activities unless permitted  
   20.     Classes of access licence where services of other person not to be used unless permitted  
   21.     Classes of access licence where use of boat for fishing prohibited unless authorised  
   22.     Maximum number of access licences that can be issued for a class of access licence  
   23.     Register of adjustment numbers  
   24.     Aquaculture licences to be renewable  
   25.     Grounds on which Victorian Fisheries Authority must refuse to issue aquaculture licence  
   26.     Application to transfer commercial fishery licence  
   27.     Ground for refusing the transfer of access licence  
   28.     Eligibility criterion for issue, renewal or transfer of access licence  
   29.     Individual quota units not to be transferred if levies not paid  
   30.     Process for voluntary surrender of commercial fishery licence  
   31.     Prescribed grounds for suspension of a fishery licence  
   32.     Definitions  
   33.     Process for determination of compensation payable under section 63 of the Act  
   34.     Making an offer for compensation—cancelled transferable access licences  
   35.     Making an offer for compensation—cancelled non‑transferable access licences  
   36.     Making an offer for compensation—holder of registered financial interest  
   37.     Provision of notification to holder of a cancelled licence etc.  
   38.     Making applications for compensation  
   39.     Appointment and role of independent negotiator  
   40.     Time limits for applications for compensation  
   41.     Manner in which compensation is payable if claim accepted in full  
   42.     Manner in which compensation is payable if Secretary makes an offer for compensation  
   43.     Matters to be specified by Victorian Fisheries Authority in a commercial fishery licence  
   44.     Victorian Fisheries Authority may give directions or authorisations relating to lost, stolen or damaged documents  
   45.     Victorian Fisheries Authority may direct return of fisheries documents  
   46.     Victorian Fisheries Authority may allocate forfeited individual quota units in respect of fishery by tender  
   47.     Victorian Fisheries Authority to confirm receipt of catch and effort record or specified details to licence holder  
   48.     Victorian Fisheries Authority to advise of means of accessing the fisheries notification service  
   49.     Victorian Fisheries Authority to notify holders of Trawl (Inshore) Fishery Access Licence when aggregated limit reached  
   50.     Victorian Fisheries Authority to notify holders of abalone fishery access licence of commercial abalone reef area codes  
   50A.    Endorsement of eligible access licences  
   50B.    Determination that upper limit of shark taken reached  

           Division 3--Activities authorised by every access licence

   51.     Activities authorised by every access licence  

           Division 4--Conditions on all commercial fishery licences

   52.     Every commercial fishery licence subject to conditions in this Division  
   53.     Keeping or provision of information  
   54.     Fisheries documents and copies to be kept in safe place  
   55.     Lost, stolen, destroyed or damaged fisheries documents or copies  
   56.     Fisheries documents to be used in sequential numerical order  
   57.     Fisheries documents not to be lent, given or made available to others  
   58.     Licence holder to retain all unused fisheries documents in book issued  
   59.     Licence holder must return unused or partly used documents  
   60.     Licence holder to notify of change of name, address or telephone number  
   61.     Return of fish and animals to water or natural habitat  
   62.     Fees, levies or royalties in respect of licences to be paid by due date  
   63.     Levies and royalties in respect of individual quota units to be paid by due date  
   64.     Accuracy of weight measurements of fish  

           Division 5--Conditions of all access licences

   65.     Every access licence subject to conditions in this Division  
   66.     Assistance with fishing activities  
   67.     Commercial and recreational fishing not to be undertaken at same time  
   68.     Taking of fish in a recreational reef zone prohibited  
   69.     Taking of fish in an aquaculture fisheries reserve prohibited  
   70.     Fish not to be transferred or received at sea  
   71.     Licence holder or licence operator to be in presence of crew  
   72.     Catch limit for certain species of fish  
   73.     Taking or possession of certain fish prohibited  
   74.     Taking fish by dragging seine net on to dry land or shallow water prohibited  
   75.     Marking of equipment  

           Division 6--Conditions applicable to certain commercial fishery licences

   76.     Certain commercial fishery licences subject to conditions in this Division  
   77.     Requirement for vessel monitoring system  
   78.     Specified classes of access licence subject to conditions in this Subdivision  
   79.     Notification of intention to take fish for sale  
   80.     Specified classes of access licence subject to conditions in this Subdivision  
   81.     Fish must be landed at a specified place  
   82.     Specified classes of access licences subject to conditions in this Subdivision  
   83.     Weighing of fish taken  
   84.     Notification of post-fishing details to the Victorian Fisheries Authority  
   85.     Fish not to be dealt with unless regulations 83 and 84 complied with  
   86.     Notification of intention to retrieve rock lobster from coff or wet well  
   87.     Notification of intention to retrieve giant crab from a wet well  
   88.     Notification of removal of fyke nets  
   89.     Specified classes of access licence subject to conditions in this Subdivision  
   90.     Requirement to complete and keep catch disposal record  
   91.     Location of catch disposal record book to be notified  
   92.     Requirements for keeping catch disposal records  
   93.     Errors made while completing catch disposal records  
   94.     Catch and effort records—hard copy  
   95.     Catch and effort records—electronic  
   96.     Maintaining access to Internet or mobile telephone network  

   PART 3--RECREATIONAL FISHERY LICENCES

           Division 1--Class of recreational fishery licence

   97.     Class of recreational fishery licence  

           Division 2--Exemptions from requirement to hold recreational fishery licence

   98.     Exemptions from requirement to hold recreational fishery licence  

           Division 3--Activities authorised by recreational fishery licences

   99.     Activities authorised by recreational fishing licences  

           Division 4--General provisions applying to recreational fishery licences

   100.    Definition  
   101.    Recreational fishery licence must not be transferred or lent  
   102.    Recreational fishery licence holder must not allow another person to fish under licence  
   103.    Offence to fail to return unissued recreational fishery licences  
   104.    Offence to issue recreational fishery licence with incorrect date and time  

   PART 4--PERMITS

   105.    Eligibility criteria for permit under section 72 of the Act  

           Division 2--Noxious aquatic species permits

   106.    Specified purposes under section 81 of the Act  

           Division 3--Conditions of permits

   107.    Conditions of a permit  

   PART 5--BOAT REGISTRATION

   108.    Registration of a boat used for fishing  
   109.    Renewal of registration of a boat  
   110.    Victorian Fisheries Authority to issue certificate of registration  
   111.    Duration of boat registration  
   112.    Offence to use boat for commercial fishing without identifying mark  
   113.    Manner of displaying identifying mark on boat  
   114.    Additional identifying mark required on boats exceeding 8 metres length  
   115.    Transfer of registration of boat  
   116.    Offence to not remove identifying mark on expiry of boat registration  
   117.    Offence 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

   118.    Application of Division  
   119.    Number of items of recreational fishing equipment that may be used  
   120.    Use or possession of spear gun not permitted in certain waters  
   121.    Use or possession of hand-held spear not permitted in certain waters  
   122.    Use of recreational bait net not permitted in certain waters  
   123.    Use or possession of recreational hoop nets or open top lift nets  
   124.    Recreational hoop net, open top lift net and bait trap must be correctly tagged  
   125.    Offence to use certain equipment in intertidal zone  
   126.    Use or possession of recreational fishing equipment prohibited in certain areas  
   127.    Use of rods and lines or handlines  
   128.    Offence to use or possess certain equipment in certain circumstances  
   129.    Offence 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

   130.    Offence to possess certain fish other than whole or in the form of carcass  
   131.    Offences relating to certain fish in berry  
   132.    Offences relating to marine invertebrates in Port Phillip Bay  
   133.    Offence to take molluscs from intertidal zone  
   134.    Offence to take certain fish in specified areas  
   135.    Offence to tag or mark fish  
   136.    Offence to fail to return fish to water without injury or damage  
   137.    Offence to tether live fish  
   138.    Offence to use certain substances as bait or berley  
   139.    Offence 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

   140.    Application of Division  
   141.    Use, possession or sale of trammel net prohibited  
   142.    Use or possession of Danish seine net prohibited  
   143.    Use of certain fishing nets near Killarney boat ramp prohibited at certain times  
   144.    Use of certain fishing nets in Portland Bay prohibited at certain times  
   145.    Use of certain fishing nets or scallop dredge prohibited in certain waters  
   146.    Use of boat for towing certain fishing nets prohibited  
   147.    Use of floating fish traps prohibited  
   148.    Use of firearm or other weapon to take, destroy or injure fish prohibited  
   149.    Use of electrical device to take or attract fish prohibited  
   150.    Use of coff or cage during closed season prohibited  
   151.    Use of commercial fishing equipment or commercial abalone equipment prohibited in certain waters  
   152.    Use of unregistered boat for commercial fishing prohibited  
   153.    Taking of trout cod prohibited other than in trout cod waters  
   154.    Statewide prohibition on the possession of certain fish  
   155.    Prohibition on sale of Murray cod exceeding maximum size  

           Division 4--Miscellaneous offences

   156.    Interference 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

   157.    Minimum sizes  
   158.    Maximum sizes  
   159.    Persons to whom minimum and maximum sizes do not apply  
   160.    Methods for measuring size of fish  
   161.    Catch limits  
   162.    Persons to whom the catch limits in regulation 161 do not apply  
   163.    Closed seasons  
   164.    Prohibition against taking or possession of fish in the closed season  
   165.    Persons to whom regulation 164 does not apply  
   166.    Additional penalty for contravention of regulation 164  

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

   167.    Activities authorised by Bait (General) Fishery Access Licences  

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

   168.    Bait (General) Fishery Access Licences subject to conditions in this Division  
   169.    Restriction on use of equipment  
   170.    Taking or selling of fish for human consumption prohibited  

           Division 4--Activities authorised by Banded Morwong Fishery Access Licences

   171.    Activities authorised by Banded Morwong Fishery Access Licences  

           Division 5--Conditions of Banded Morwong Fishery Access Licences

   172.    Banded Morwong Fishery Access Licences subject to conditions in this Division  
   173.    Closed season for banded morwong  
   174.    Minimum and maximum size  
   175.    Use or possession of mesh nets  
   176.    Licence holder must be in attendance at every fishing operation  
   178.    Banded morwong held in land-based holding facility not to be returned to Victorian waters  

           Division 6--Activities authorised by Corner Inlet Fishery Access Licences

   179.    Activities authorised by Corner Inlet Fishery Access Licences  

           Division 7--Conditions of Corner Inlet Fishery Access Licences

   180.    Corner Inlet Fishery Access Licences subject to conditions in this Division  
   181.    Use of commercial fishing equipment prohibited at certain times  
   182.    Use or possession of seine nets  
   183.    Use or possession of mesh nets  
   184.    Use or possession of fishing lines  
   185.    Use or possession of commercial hoop nets  
   186.    Use or possession of bait pumps  
   187.    Catch limit for taking or possession of wrasse  
   187A.   Catch limits for gummy shark or school shark  

           Division 8--Activities authorised by Eel Fishery Access Licences

   188.    Activities authorised by Eel Fishery Access Licences  

           Division 9--Conditions of Eel Fishery Access Licences

   189.    Eel Fishery Access Licences subject to conditions in this Division  
   190.    Fyke net to be used for taking eels  
   191.    Marking of fyke nets  
   192.    Setting of fyke nets  
   193.    Maximum number of fyke nets permitted to be used or possessed  
   194.    Clearing of nets  
   195.    Return of other fish and animals to water or natural habitat  

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

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

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

   215.    Gippsland Lakes (Bait) Fishery Access Licences subject to conditions in this Division  
   216.    Restrictions on use or possession of commercial fishing equipment  
   217.    Marking of pots, traps and nets  
   218.    Use or possession of stake nets  
   219.    Taking or selling of fish for human consumption prohibited  

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

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

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

   221.    Gippsland Lakes (Mussel Dive) Fishery Access Licences subject to conditions in this Division  
   222.    Taking of mussels permitted only at certain times  
   223.    Weekly catch limit of mussels  
   224.    Cleaning of mussels  
   225.    Storage of mussels  

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

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

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

   227.    Lake Tyers (Bait) Fishery Access Licences subject to conditions in this Division  
   228.    Restrictions on use or possession of commercial fishing equipment  
   229.    Taking or selling of fish for human consumption prohibited  

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

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

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

   231.    Mallacoota Lower Lake (Bait) Fishery Access Licences subject to conditions in this Division  
   232.    Restrictions on use or possession of commercial fishing equipment  
   233.    Taking or selling of fish for human consumption prohibited  

           Division 20--Activities authorised by an Ocean Fishery Access Licences

   234.    Activities authorised by Ocean Fishery Access Licences  

           Division 21--Conditions of Ocean Fishery Access Licences

   235.    Ocean Fishery Access Licences subject to conditions in this Division  
   236.    Use or possession of seine nets  
   237.    Use or possession of mesh nets  
   238.    Use or possession of fishing lines  
   239.    Licence holder must not lease licence  
   240.    Catch limits for certain fish  

           Division 22--Activities authorised by Octopus Fishery Access Licences

   241.    Activities authorised by Octopus Fishery Access Licences  

           Division 23--Conditions of Octopus Fishery Access Licences

   242.    Octopus Fishery Access Licences subject to conditions in this Division  
   243.    Use of octopus pots  
   244.    Fishing in more than one octopus commercial fishing management zone prohibited  

           Division 24--Activities authorised by Pipi Fishery Access Licences

   245.    Activities authorised by Pipi Fishery Access Licences  

           Division 25--Conditions of Pipi Fishery Access Licences

   246.    Pipi Fishery Access Licences subject to conditions in this Division  
   247.    Taking of pipi only by hand collection or dip net  
   248.    Fishing in Venus Bay recreational pipi zone prohibited  
   249.    Minimum size for pipi  
   250.    Entry to or exit from Discovery Bay pipi zone only via designated access points  
   251.    Pipi only to be taken between sunrise and sunset  
   252.    Fishing in more than one pipi commercial fishing management zone prohibited  
   253.    Labelling requirements for pipi sold as bait  
   254.    Restriction on fishing effort to 2 persons  

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

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

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

   256.    Purse Seine (Ocean) Fishery Access Licences subject to conditions in this Division  
   257.    Use or possession of purse seine and lampara nets  

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

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

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

   259.    Snowy River (Bait) Fishery Access Licences subject to conditions in this Division  
   260.    Restrictions on use or possession of commercial fishing equipment  
   261.    Taking or selling of fish for human consumption prohibited  

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

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

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

   263.    Sydenham Inlet (Bait) Fishery Access Licences subject to conditions in this Division  
   264.    Restrictions on use or possession of commercial fishing equipment  
   265.    Taking or selling of fish for human consumption prohibited  

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

   266.    Activities authorised by Trawl (Inshore) Fishery Access Licences  

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

   267.    Trawl (Inshore) Fishery Access Licences subject to conditions in this Division  
   268.    Use or possession of trawl nets  
   269.    Snapper to be landed before boat departs port or mooring  
   270.    Fishing in more than one snapper zone prohibited  
   271.    Catch limits for certain fish  
   272.    Minimum size for certain species of bug  

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

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

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

   274.    Western Port/Port Phillip Bay Fishery Access Licences subject to conditions in this Division  
   276.    Use or possession of fishing lines in or on Western Port  
   277.    Catch limit for taking or possession of wrasse in or on Western Port  
   278.    Use or possession of fishing lines in or on Port Phillip Bay  
   282.    Use or possession of commercial hoop nets in or on Port Phillip Bay  
   283.    Restrictions on method of taking of mussels from Port Phillip Bay  
   284.    Restrictions on use of certain commercial fishing equipment in certain places in or on Port Phillip Bay  
   285.    Use or possession of bay fish traps in or on Port Phillip Bay  
   286.    Taking or selling of mussels for human consumption prohibited  
   287.    Catch limit for taking or possession of wrasse in or on Port Phillip Bay  

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

   288.    Activities authorised by Wrasse (Ocean) Fishery Access Licences  

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

   289.    Wrasse (Ocean) Fishery Access Licences subject to conditions in this Division  
   290.    Use or possession of certain fishing lines  

   PART 8--ABALONE

           Division 1--Minimum sizes and closed seasons for abalone

   291.    Minimum sizes for abalone  
   292.    Persons to whom the minimum sizes in regulation 291 do not apply  
   293.    Method for measuring size of abalone  
   294.    Closed seasons for abalone  
   295.    Prohibition against taking or possession of abalone in the closed season  
   296.    Persons to whom regulation 295 does not apply  
   297.    Additional penalty for contravention of regulation 295  
   298.    Taking of abalone between sunset and sunrise prohibited  
   299.    Prohibition on taking of greenlip abalone from Port Phillip Bay  

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

   300.    Application of Division  
   301.    Catch limits for abalone  
   302.    Persons to whom catch limits in regulation 301 do not apply  
   303.    Use of certain equipment for taking abalone prohibited  
   304.    Offences regarding shucked abalone  
   305.    Offence not to carry instrument to measure abalone  
   306.    Offence to remove abalone from its packaging  

           Division 3--Activities authorised by abalone fishery access licences

   307.    Activities authorised by Abalone Fishery (Western Zone) Access Licences  
   308.    Activities authorised by Abalone Fishery (Central Zone) Access Licences  
   309.    Activities authorised by Abalone Fishery (Eastern Zone) Access Licences  

           Division 4--Conditions of all abalone fishery access licences

   310.    Abalone fishery access licences subject to conditions in this Division  
   311.    Abalone boat not to be used as base for underwater diving operation  
   312.    Abalone only to be taken using abalone tool or catch bag  
   313.    Blacklip abalone not to be taken from more than one blacklip abalone size zone  
   314.    Taking of abalone from different abalone zones  
   315.    Shucking of abalone prohibited  
   316.    Instrument to measure abalone to be carried  
   317.    Abalone to be placed in bins and sealed with bin tags  
   318.    Abalone not to be moved from boat until sealed in bins  
   319.    Landing requirements for abalone  
   320.    Notification of details to the Victorian Fisheries Authority  
   321.    Restriction on moving abalone from place of landing or entering processing premises  
   322.    Abalone must be delivered to holder of Fish Receiver (Abalone) Licence within 24 hours  

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

   323.    Activities authorised by Fish Receiver (Abalone) Licences  

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

   324.    Fish Receiver (Abalone) Licences subject to conditions in this Division  
   325.    Abalone only to be received from certain sources  
   326.    Requirement to mark or label abalone packaging  
   327.    Application of Subdivision  
   328.    Abalone to be received no more than 24 hours after landing  
   329.    Bins of abalone that are not properly sealed  
   330.    Weighing and initial notification of details to the Victorian Fisheries Authority  
   331.    Bins not to be opened until regulation 330 complied with  
   331A.   Final notification of details to the Victorian Fisheries Authority  
   331B.   Retrieval of information  

           Division 7--Other matters relating to abalone

   332.    Abalone only to be sold in properly labelled packaging  
   333.    Exemptions from labelling and packaging requirements in the Act  
   334.    Offence to write on or otherwise alter bin tags  
   335.    Authorisation to possess, write on or otherwise alter bin tags  
   336.    Unused bin tags to be returned by former licence holders within 48 hours  
   337.    Prescribed information for abalone quota unit holding statement  
   338.    Notification 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

   339.    Minimum sizes for giant crab  
   340.    Persons to whom the minimum sizes in regulation 339 do not apply  
   341.    Method for measuring size of giant crab  
   342.    Closed season for giant crab  
   343.    Prohibition against taking or possession of giant crab in closed season  
   344.    Additional penalty for contravention of regulation 343  

           Division 2--General restrictions and prohibitions regarding giant crab

   345.    Application of Division  
   346.    Offences relating to giant crab in berry  
   347.    Offence to possess dismembered giant crabs  

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

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

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

   349.    Giant Crab Fishery (Western Zone) Access Licences subject to conditions in this Division  
   350.    Giant crab only to be taken by use of rock lobster pot  
   351.    Specifications for rock lobster pot  
   352.    Restrictions on numbers of rock lobster pots that may be used  
   353.    Rock lobster pot not to be used or be on board boat during closed season for male giant crab  
   354.    Rock lobster pot set by boat not to be hauled using another boat  
   355.    Taking, possession, etc. of berried giant crab prohibited  
   356.    Possession of dismembered giant crab prohibited  
   357.    Catch limits for fish other than giant crab  
   358.    Restrictions relating to giant crab when quota unit balance is zero or less  
   359.    Wet well register  

   PART 10--ROCK LOBSTER

           Division 1--Minimum sizes and closed seasons for rock lobster

   360.    Minimum sizes for rock lobster  
   361.    Persons to whom the minimum sizes in regulation 360 do not apply  
   362.    Method for measuring size of rock lobster  
   363.    Closed season for rock lobster  
   364.    Prohibition against taking or possessing rock lobster in closed season  
   365.    Additional penalty for contravention of regulation 364  

           Division 2--Catch limits and other restrictions regarding rock lobster

   366.    Application of Division  
   367.    Catch limits for rock lobster  
   368.    Persons to whom the catch limits in regulation 367 do not apply  
   369.    Taking of rock lobster other than by certain methods prohibited  
   370.    Offences relating to marking rock lobster  
   371.    Offences to sell marked rock lobster  
   372.    Offences relating to rock lobster in berry  
   373.    Offence to take soft-shelled rock lobster  
   374.    Offence to possess rock lobster unless the tail and carapace are attached  

           Division 2A--Recreational rock lobster notification and reporting

   374A.   Application of Division  
   374B.   Definitions  
   374C.   Notification of intention to take rock lobster for recreational purposes  
   374D.   Reporting rock lobster for recreational purposes  
   374E.   Possession of rock lobster that has not been reported  

           Division 3--Activities authorised by rock lobster fishery access licences

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

           Division 4--Conditions of all rock lobster fishery access licences

   377.    Rock lobster fishery access licences subject to conditions in this Division  
   378.    Rock lobster only to be taken by use of rock lobster pot  
   379.    Specifications for rock lobster pot  
   380.    Restrictions on numbers of rock lobster pots that may be used  
   381.    Rock lobster pot not to be used during closed season for male rock lobster  
   382.    Rock lobster pot set by boat not to be hauled using another boat  
   383.    Taking, possession, etc. of berried or soft‑shelled rock lobster prohibited  
   384.    Possession of dismembered rock lobster prohibited  
   385.    Restriction on possession of rock lobster  
   386.    Catch limits for fish other than rock lobster  
   387.    Use of coff or other fishing equipment  
   388.    Restrictions relating to rock lobster when quota unit balance is zero or less  
   389.    Rock lobster coff register  
   390.    Wet well register  

   PART 11--SCALLOP

           Division 1--Minimum size and catch limits for scallop

   391.    Minimum size for scallop  
   392.    Catch limits for scallop  
   393.    Persons to whom the catch limits in regulation 392 do not apply  

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

   394.    Activities authorised by Scallop (Ocean) Fishery Access Licences  

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

   395.    Scallop (Ocean) Fishery Access Licences subject to conditions in this Division  
   396.    Scallop dredge specifications and stowage  
   397.    Shucked scallop not to be on boat  
   398.    Possession of recreationally caught scallop at commercial premises prohibited  
   399.    Catch limits for possession and landing of fish other than scallop  

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

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

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

   401.    Scallop Dive (Port Phillip Bay) Fishery Access Licences subject to conditions in this Division  
   402.    Annual catch limit for scallop under Scallop Dive (Port Phillip Bay) Fishery Access Licences  
   403.    Instrument to measure scallop to be carried  
   404.    Shucked scallop not to be on boat  
   405.    Possession of recreationally caught scallop at commercial premises prohibited  
   406.    Possession of commercial fishing equipment or scallops prohibited in a scallop commercial fishing exclusion zone  
   407.    Taking 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

   408.    Offence to remove roe from sea urchins  
   409.    Catch limits for sea urchin  
   410.    Persons to whom the catch limits in regulation 409 do not apply  

           Division 2--Activities authorised by Sea Urchin Fishery Access Licences

   411.    Activities authorised by Sea Urchin Fishery Access Licences  

           Division 3--Conditions of Sea Urchin Fishery Access Licences

   412.    Sea Urchin Fishery Access Licences subject to conditions in this Division  
   413.    Possession of recreationally caught sea urchin at commercial premises prohibited  

   PART 13--AQUACULTURE

           Division 1--Activities authorised by aquaculture licences

   414.    Activities authorised by Aquaculture (Crown Land—Abalone) Licences  
   415.    Activities authorised by Aquaculture (Crown Land—Bivalve Shellfish) Licences  
   416.    Activities authorised by Aquaculture (Crown Land—Eels) Licences  
   417.    Activities authorised by Aquaculture (Crown Land—Offshore) Licences  
   418.    Activities authorised by Aquaculture (Crown Land—Other) Licences  
   419.    Activities authorised by Aquaculture (On-shore Abalone) Licences  
   420.    Activities authorised by Aquaculture (Private Land—Eels) Licences  
   421.    Activities authorised by Aquaculture (Private Land—Indoor Intensive) Licences  
   422.    Activities authorised by Aquaculture (Private Land—Marine) Licences  
   423.    Activities authorised by Aquaculture (Private Land—Ornamentals) Licences  
   424.    Activities authorised by Aquaculture (Private Land—Other) Licences  
   425.    Activities authorised by Aquaculture (Private Land—Salmonids) Licences  
   426.    Activities authorised by Aquaculture (Private Land—Tourism) Licences  
   427.    Activities authorised by Aquaculture (Private Land—Warm Water Finfish) Licences  
   428.    Activities authorised by Aquaculture (Private Land—Yabbies) Licences  
   429.    Activities authorised by Aquaculture (Private Land—Yabbies Multi-waters) Licences  

           Division 2--Conditions of all aquaculture licences

   430.    Every aquaculture licence subject to conditions in this Division  
   431.    Record keeping in relation to priority species  
   432.    Completion of aquaculture production return  
   433.    Labelling and documentation requirements for transport or sale of fish  
   434.    Aquaculture incoming stock record to be kept of source of all fish  

           Division 3--Conditions of aquaculture licences relating to abalone

   435.    Aquaculture licences relating to abalone subject to additional conditions in this Division  
   436.    Shucking of abalone prohibited  
   437.    Additional packaging and labelling requirements for sale or transport of abalone  

           Division 4--Conditions of all Crown land aquaculture licences

   438.    Definition  
   439.    Crown land aquaculture licences subject to additional conditions in this Division  
   440.    Introduction of feeds, fish and other products to licensed area  
   441.    Marking of boundaries of licensed area  
   442.    Commercial aquaculture equipment to be marked and located within licensed area  

           Division 5--Conditions of certain private land aquaculture licences

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

           Division 6--Exemptions relating to aquaculture activities

   445.    Exemption from offence in Act relating to display of fish on certain premises  
   446.    Exemption from offence in Act relating to stocking fish into protected waters  

           Division 7--Other matters relating to aquaculture licences

   447.    Obligations of Victorian Fisheries Authority regarding aquaculture production returns  

   PART 14--FISH RECEIPTS AND OTHER DOCUMENTATION REQUIREMENTS

   448.    Species and quantity of fish prescribed for purposes of section 120AA of the Act  
   449.    Specified quantity of fish prescribed for purposes of section 120AB of the Act  
   450.    Required form of documentation for sale of fish  
   451.    Document requirements for possessor of fish  
   452.    Exemptions from documentation requirements in the Act relating to the sale of fish  
   453.    Exemptions from documentation requirements in the Act relating to the receipt or possession of fish  

   PART 15--PRIORITY SPECIES AND EXEMPTIONS

   454.    Further fish prescribed as priority species  
   455.    Commercial quantities of priority species  
   456.    Exemptions relating to the receipt of a priority species  
   457.    Exemptions relating to selling, receiving, processing or possessing a priority species in a commercial quantity  
   458.    Exemptions relating to the sale of a priority species  

   PART 16--GENERAL EXEMPTIONS

           Division 1--Exemptions from offences in the Act

   459.    Exemption relating to possession of commercial fishing equipment in general  
   460.    Exemption relating to possession of yabby pots  
   461.    Exemption relating to possession of rock lobster pots  
   462.    Exemption relating to receipt of fish for sale  

           Division 2--Exemptions from licence conditions

   463.    Victorian Fisheries Authority may exempt licence holder from licence condition  

   PART 17--GENERAL

           Division 1--Enforcement and legal proceedings matters

   464.    Designated licence conditions  
   465.    Prescribed positioning device  
   466.    Time for bringing proceedings extended for certain offences  
   467.    Offences in the Act subject to additional penalties  
   468.    Classes of licences where agents of licence holders subject to additional penalties  

           Division 2--Vessel monitoring systems

   469.    Definitions  
   470.    Conditions for use of vessel monitoring system set out in this Subdivision  
   471.    Vessel monitoring system installed on boat  
   472.    Requirement to specify and maintain method of communication  
   473.    Operation of vessel monitoring system  
   474.    Fishing not to be carried out from boat with non‑operational system  
   475.    Inspection of vessel monitoring system to be allowed  
   476.    Victorian Fisheries Authority may require inspection of vessel monitoring system  
   477.    Offences to interfere with vessel monitoring system  

           Division 3--Miscellaneous

   478.    Secretary or Victorian Fisheries Authority may approve documents, things and equipment  
   479.    Specified bodies and persons to which confidential documents or information may be given  

   PART 18--TRANSITIONAL AND SAVINGS PROVISIONS

   480.    Catch disposal records  
   481.    Catch and effort records  
   482.    Fish receipts  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8
           SCHEDULE 9
           SCHEDULE 10
           SCHEDULE 11
           SCHEDULE 12
           SCHEDULE 13
           SCHEDULE 14
           SCHEDULE 15
           SCHEDULE 16
           SCHEDULE 17
           SCHEDULE 18
           SCHEDULE 19
           SCHEDULE 20
           SCHEDULE 21
           SCHEDULE 22
           SCHEDULE 25
           SCHEDULE 26
           SCHEDULE 27
           SCHEDULE 28
           SCHEDULE 29
           SCHEDULE 30
           SCHEDULE 31
           SCHEDULE 32
           ENDNOTES


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback