FISHERIES REGULATIONS 2019 - REG 5 Definitions

Victorian Consolidated Regulations

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FISHERIES REGULATIONS 2019 - REG 5

Definitions

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;

"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;

"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;

Reg. 5 def. of coff amended by S.R. No. 161/2021 reg. 5(b).

"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;

"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;

Reg. 5 def. of Corner Inlet amended by S.R. No. 161/2021 reg. 5(c).

"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;

Reg. 5 def. of eligible access licence inserted by S.R. No. 161/2021 reg. 5(a).

"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;

Reg. 5 def. of endorsed licence inserted by S.R. No. 161/2021 reg. 5(a).

"endorsed licence" means an eligible access licence that is endorsed in accordance with regulation 50A;

Reg. 5 def. of endorsement notice inserted by S.R. No. 161/2021 reg. 5(a).

"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 trap means 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

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

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

(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;

gaff means—

(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

(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 ;

Reg. 5 def. of McLennan Straits revoked by S.R. No. 161/2021 reg. 5(d).

* * * * *

"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

Reg. 5 def. of non-endorsed licence inserted by S.R. No. 161/2021 reg. 5(a).

"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;

"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

(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

(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;

(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;

(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 urchin means 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;

(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;

shuck means 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 net means 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

"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;

"trout "means rainbow trout and brown trout;

"trout cod waters" means any of the following waters—

(a) Lake Kerferd, Stanley;

(b) Lake Sambell, Beechworth;

"tuna" means skipjack tuna and any species of the genus Thunnus , including albacore, longtail tuna, southern bluefin tuna, yellowfin tuna and bigeye tuna;

"use" includes assist in the use of;

"Venus Bay commercial pipi zone" means all marine waters (including the intertidal zone) between longitude 145° 50' East and longitude 146° 11' 36'' East shown on the plan in Part 3 of Schedule 8 but does not include Shallow Inlet;

"Venus Bay recreational pipi zone" means the marine waters (including the intertidal zone) shown hatched on the plan in Part 4 of Schedule 8;

"warm water finfish" means any fish other than marine fish, aquatic invertebrates, salmonids and eel;

"western abalone size zone" means all marine waters between longitude 142° 30' 35" East (mouth of Hopkins River) and longitude 143° 58' 30" East (Lorne) shown on the plan in Part 1 of Schedule 3;

"western abalone zone" means all marine waters west of longitude 142° 31' East shown on the plan in Schedule 4;

"western octopus zone" means all marine waters between the western Victorian border and longitude 143° 40' East shown on the plan in Schedule 5 but does not include any inlet of the sea;

"western pipi zone" means all marine waters (including the intertidal zone) between longitude 141° 18' 14·76" East and the most seaward point of Point Lonsdale shown on the plan in Part 1 of Schedule 8 but does not include—

(a) any waters north or west of Discovery Bay Marine National Park; or

(b) Port Phillip Bay or any inlet of the sea;

Western Port means all of the waters of the bay known as Western Port which lie north of a line bearing 53° East from Cape Woolamai to the opposite shore and a line running directly from West Head at Flinders to the southernmost point of Point Grant on Phillip Island;

western rock lobster zone means all marine waters west of longitude 143° 40' East shown on the plan in Schedule 9 but does not include any inlet of the sea;

"western sea urchin zone" means all marine waters west of longitude 142° 31' East shown on the plan in Part 1 of Schedule 6;

"western snapper zone" means all marine waters west of the Wilsons Promontory Lighthouse shown on the plan in Schedule 10 but does not include Corner Inlet, Port Phillip Bay, Western Port or any inlet of the sea;

"wet well" means a thing used to hold or keep fish alive that is part of a boat;

"wet well register" means a register that contains individually numbered records in the form approved by the Victorian Fisheries Authority that is used to record information about—

(a) the removal of giant crab or rock lobster from a wet well; and

(b) the death of giant crab or rock lobster that are kept or held in a wet well; and

"white sea urchin" means Heliocidaris erythrogramma ;

"yabby" means Cherax destructor ;

"yabby pot" means any pot or net that is designed for use, or is capable of being used for, or in connection with, the taking of yabby that does not exceed—

(a) 90 centimetres in length; or

(b) 30 centimetres in height; or

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