FISHERIES REGULATIONS 2009 (SR NO 2 OF 2009)

Victorian Numbered Regulations

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FISHERIES REGULATIONS 2009 (SR NO 2 OF 2009)

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. Definition of fisheries
8. Interpretation of periods of time
9. Methods of measurement of fishing nets and mesh sizes
10. Method of measuring bait jig hook
11. Regulations do not apply to authorised officers acting within their powers

PART 2--COMMERCIAL FISHERY LICENCES

Division 1--Classes of commercial fishery licences

12. Classes of access licence
13. Classes of fish receiver's licence
14. Classes of aquaculture licence

Division 2--Administration of commercial fishery licences

Subdivision 1--Classes of licences prescribed for certain purposes

15. Classes of commercial fishery licences that are transferable
16. Classes of commercial fishery licence that may be held by a corporation
17. Classes of access licence where licence holder must be permitted to carry out activities
18. Classes of access licence where services of other person used
19. Classes of access licence regarding use of boat for fishing activities
20. Prescribed classes of renewable commercial fishery licence

Subdivision 2--Maximum numbers of access licences

21. Maximum number of access licences that can be issued for a class of access licence
22. Register of adjustment numbers

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

23. Grounds on which Secretary must refuse to issue aquaculture licence
24. Application to transfer commercial fishery licences
25. Ground for refusing the transfer of access licences
26. Grounds for refusing the transfer of a Giant Crab Fishery (Western Zone) Access Licence
27. Eligibility criterion for issue, renewal or transfer of access licence
28. Individual quota units not to be transferred if levy on licence has not been paid
29. Individual abalone quota units not to be transferred if levy on quota units not paid
30. Process for voluntary surrender of commercial fishery licence

Subdivision 4--Compensation payable under section 63 of the Act

31. Process for determination of compensation payable under section 63
32. Manner in which compensation is payable

Subdivision 5--Miscellaneous duties and powers of Secretary

33. Matters that may be specified by Secretary in a commercial fishery licence
34. Secretary to specify licence number on Giant Crab Fishery (Western Zone) Access Licence
35. Secretary to publish address for return of cancelled documents
36. Secretary may give directions or authorisations relating to lost, stolen or damaged documents
37. Secretary may direct return of fisheries documents

Division 3--General conditions applying to commercial fishery licences

Subdivision 1--Conditions on all commercial fishery licences

38. Every commercial fishery licence subject to conditions in this Subdivision
39. Keeping or provision of information
40. Fisheries documents and copies to be kept in safe place
41. Errors made while completing certain fisheries documents
42. Lost or destroyed fisheries documents or copies
43. Damaged fisheries documents and copies
44. Fisheries documents and copies not to be intentionally or recklessly damaged etc.
45. Theft of fisheries documents or copies
46. Fisheries documents to be used in sequential numerical order
47. Fisheries documents not to be lent, given or made available to others
48. Licence holder to retain all unused fisheries documents in book issued
49. Licence holder must return unused or partly used documents
50. Licence holder to notify of change of name, address or telephone number
51. Licence holder to ensure licence on boat, licensed premises or person, or in vehicle
52. Return of fish to water
53. Fees, levies, royalties in respect of licences to be paid by due date
54. Levies and royalties in respect of quota units to be paid by due date

Subdivision 2--Conditions of all access licences

55. Every access licence subject to conditions in this Subdivision
56. Assistance with fishing activities
57. Restriction on taking and possession of rock lobster
58. Commercial and recreational fishing not to be undertaken at same time
59. Completion of catch and effort records
60. Licence holder to be in presence of crew
61. Catch limit for certain species of fish
62. Taking, landing, etc. of certain fish prohibited
63. Taking fish by dragging net on to dry land or shallow water prohibited
64. Marking of equipment

PART 3--RECREATIONAL FISHERY LICENCES

Division 1--Class of recreational fishery licence

65. Class of recreational fishery licence

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

66. Exemptions from requirement to hold recreational fishing licence

Division 3--Activities authorised by a recreational fishery licence

67. Activities authorised by a recreational fishing licence

Division 4--General provisions applying to recreational fishery licences

68. Recreational fishery licence must not be transferred or lent
69. Recreational fishery licence holder must not allow another person to fish under licence

PART 4--PERMITS

70. Eligibility criteria for permit under section 72
71. Specified purposes under section 81

PART 5--BOAT REGISTRATION

72. Registration of a boat used for fishing
73. Renewal of registration of a boat
74. Secretary to issue certificate of registration
75. Duration of boat registration
76. Offence to use boat for commercial fishing without identifying mark
77. Manner of displaying identifying mark on boat
78. Additional identifying mark required on boats exceeding 8 metres
79. Transfer of registration of boat
80. Offence to use boat with identifying mark when not registered

PART 6--GENERAL RESTRICTIONS AND PROHIBITIONS RELATING TO FISHING, FISHING EQUIPMENT, FISHING METHODS AND BOATS

Division 1--Restrictions relating to recreational fishing equipment

81. Application of Division
82. Number of items of recreational fishing equipment that may be used
83. Use and possession of spear gun not permitted in certain waters
84. Use and possession of hand-held spear not permitted in certain waters
85. Use of recreational bait net not permitted in certain waters
86. Use and possession of recreational hoop nets
87. Offence to use certain equipment in intertidal zone
88. Recreational hoop net and bait trap must be correctly tagged
89. Use and possession of recreational fishing equipment prohibited in certain areas
90. Use of rods and lines and handlines
91. Offence to use or possess certain equipment in certain circumstances

Division 2--Other restrictions relating to the taking of fish

92. Offence to use or possess a line and hook or handline in certain inland waters during the salmonid closed season
93. Offence to possess certain fish other than whole or in the form of a carcass
94. Offence to transfer gemfish from one boat to another
95. Offence to take, land or possess bugs or spiny freshwater crayfish in berry
96. Offences relating to marine invertebrates in Port Phillip Bay
97. Offence to take molluscs from intertidal zone
98. Offence to remove roe from sea urchins
99. Offence to take certain fish in specified areas
100. Offence to tag or mark fish
101. Offence to fail to return fish to water without injury or damage
102. Offence to use certain substances as bait or berley

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

103. Application of this Division
104. Use, possession or sale of trammel net prohibited
105. Use of unregistered boat for commercial fishing prohibited
106. Use of firearm or other weapon to take, destroy or injure fish prohibited
107. Use of electrical device to take or attract fish prohibited
108. Use of floating fish traps prohibited
109. Use of coff during closed season prohibited
110. Use of certain fishing nets or scallop dredge prohibited in certain waters
111. Use of commercial fishing equipment or commercial abalone equipment prohibited in certain waters
112. Use and possession of Danish seine net prohibited
113. Use of certain fishing nets near Killarney boat ramp prohibited at certain times
114. Use of certain fishing nets in Portland Bay prohibited at certain times
115. Use of boat for towing certain fishing nets prohibited
116. Use of rock lobster pot or fish trap prohibited near Merri River mouth
117. Taking of gemfish prohibited

PART 7--FISH OTHER THAN ABALONE, ROCK LOBSTER, GIANT CRAB AND SCALLOP

Division 1--Minimum and maximum sizes, closed seasons and catch limits for fish (other than abalone, rock lobster, giant crab and scallop)

118. Minimum sizes
119. Maximum size for Murray cod
120. Prohibition on sale of Murray cod above maximum size
121. Additional minimum sizes for commercial taking and possession of fish
122. Methods for measuring size of fish
123. Closed seasons for certain fish
124. Catch limits

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

125. Activities authorised by a Bait (General) Fishery Access Licence

Division 3--Conditions of a Bait (General) Fishery Access Licence

126. Bait (General) Fishery Access Licence subject to conditions in this Division
127. Taking or selling of fish for human consumption prohibited
128. Restriction on use of equipment

Division 4--Activities authorised by a Corner Inlet Fishery Access Licence

129. Activities authorised by a Corner Inlet Fishery Access Licence

Division 5--Conditions of Corner Inlet Fishery Access Licence

130. Corner Inlet Fishery Access Licence subject to conditions in this Division
131. Use of commercial fishing equipment prohibited at certain times
132. Use and possession of seine nets
133. Use and possession of mesh nets
134. Use and possession of fishing lines
135. Use and possession of commercial hoop nets
136. Catch limit for taking and possession of wrasse
137. Use and possession of hand operated bait pumps

Division 6--Activities authorised by an Eel Fishery Access Licence

138. Activities authorised by an Eel Fishery Access Licence

Division 7--Conditions of Eel Fishery Access Licence

139. Eel Fishery Access Licence subject to conditions in this Division
140. Fyke net to be used for taking eels
141. Marking of fyke nets
142. Maximum number of fyke nets permitted to be used or possessed
143. Clearing of nets
144. Return of other fish and animals to water
145. Setting of fyke nets
146. Secretary to be notified of setting and removal of fyke nets

Division 8--Activities authorised by a Gippsland Lakes Fishery Access Licence

147. Activities authorised by a Gippsland Lakes Fishery Access Licence

Division 9--Conditions of Gippsland Lakes Fishery Access Licence

148. Gippsland Lakes Fishery Access Licence subject to conditions in this Division
149. Use of certain commercial fishing equipment prohibited in certain places
150. Restrictions on use of commercial fishing equipment in Cunninghame Arm
151. Use and possession of seine nets
152. Use and possession of mesh nets
153. Use of seine net and mesh net at same time prohibited
154. Use of seine net and mesh net prohibited at certain times
155. Use and possession of stake nets
156. Certain equipment prohibited for taking certain fish
157. Taking of mussels permitted only at certain times
158. Weekly catch limit of mussels
159. Cleaning of mussels
160. Storage of mussels
161. Use and possession of fishing lines
162. Use and possession of spider crab traps
163. Catch limit for taking and possession of wrasse
164. Use and possession of hand operated bait pumps

Division 10--Activities authorised by a Gippsland Lakes (Bait) Fishery Access Licence

165. Activities authorised by a Gippsland Lakes (Bait) Fishery Access Licence

Division 11--Conditions of Gippsland Lakes (Bait) Access Fishery Licence

166. Gippsland Lakes (Bait) Fishery Access Licence subject to conditions in this Division
167. Restrictions on use and possession of commercial fishing equipment
168. Use and possession of stake nets
169. Fish not to be taken or sold for human consumption

Division 12--Activities authorised by a Gippsland Lakes (Mussel Dive) Fishery Access Licence

170. Activities authorised by a Gippsland Lakes (Mussel Dive) Fishery Access Licence

Division 13--Conditions of Gippsland Lakes (Mussel Dive) Fishery Access Licence

171. Gippsland Lakes (Mussel Dive) Fishery Access Licence subject to conditions in this Division)
172. Taking of mussels permitted only at certain times
173. Weekly catch limit of mussels
174. Cleaning of mussels
175. Storage of mussels

Division 14--Activities authorised by a Lake Tyers (Bait) Fishery Access Licence

176. Activities authorised by a Lake Tyers (Bait) Fishery Access Licence

Division 15--Conditions of a Lake Tyers (Bait) Fishery Access Licence

177. Lake Tyers (Bait) Fishery Access Licence subject to conditions in this Division
178. Restrictions on use and possession of commercial fishing equipment

Division 16--Activities authorised by a Mallacoota Lower Lake (Bait) Fishery Access Licence

179. Activities authorised by a Mallacoota Lower Lake (Bait) Fishery Access Licence

Division 17--Conditions of a Mallacoota Lower Lake (Bait) Fishery Access Licence

180. Mallacoota Lower Lake (Bait) Fishery Access Licence subject to conditions in this Division
181. Restrictions on use and possession of commercial fishing equipment

Division 18--Activities authorised by an Ocean Fishery Access Licence

182. Activities authorised by an Ocean Fishery Access Licence

Division 19--Conditions of Ocean Fishery Access Licence

183. Ocean Fishery Access Licence subject to conditions in this Division
184. Use and possession of seine nets
185. Use and possession of mesh nets
186. Use and possession of fishing lines
187. Catch limit for certain shark
188. Catch limit for taking and possession of wrasse
189. Catch limit for taking and possession of banded morwong

Division 20--Activities authorised by Port Phillip Bay (Mussel Bait) Fishery Access Licence

190. Activities authorised by a Port Phillip Bay (Mussel Bait) Fishery Access Licence

Division 21--Conditions of a Port Phillip Bay (Mussel Bait) Fishery Access Licence

191. Port Phillip Bay (Mussel Bait) Fishery Access Licence subject to conditions in this Division
192. Restrictions on taking of mussels from Port Phillip Bay

Division 22--Activities authorised by a Purse Seine (Ocean) Fishery Access Licence

193. Activities authorised by a Purse Seine (Ocean) Fishery Access Licence

Division 23--Conditions of Purse Seine (Ocean) Fishery Access Licence

194. Purse Seine (Ocean) Fishery Access Licence subject to conditions in this Division
195. Use and possession of purse seine and lampara nets
196. Transfer of fish at sea prohibited

Division 24--Activities authorised by Purse Seine (Port Phillip Bay) Fishery Access Licence

197. Activities authorised by a Purse Seine (Port Phillip Bay) Fishery Access Licence

Division 25--Conditions of a Purse Seine (Port Phillip Bay) Fishery Access Licence

198. Purse Seine (Port Phillip Bay) Fishery Access Licence subject to conditions in this Division
199. Restriction on size of boat that may be used
200. Use and possession of purse seine and lampara nets
201. Transfer of fish at sea prohibited

Division 26--Activities authorised by Snowy River (Bait) Fishery Access Licence

202. Activities authorised by a Snowy River (Bait) Fishery Access Licence

Division 27--Conditions of a Snowy River (Bait) Fishery Access Licence

203. Snowy River (Bait) Fishery Access Licence subject to conditions in this Division
204. Restrictions on use and possession of commercial fishing equipment

Division 28--Activities authorised by Sydenham Inlet (Bait) Fishery Access Licence

205. Activities authorised by a Sydenham Inlet (Bait) Fishery Access Licence

Division 29--Conditions of Sydenham Inlet (Bait) Fishery Access Licence

206. Sydenham Inlet (Bait) Fishery Access Licence subject to conditions in this Division
207. Restrictions on use and possession of commercial fishing equipment

Division 30--Activities authorised by Trawl (Inshore) Fishery Access Licence

208. Activities authorised by a Trawl (Inshore) Fishery Access Licence

Division 31--Conditions of a Trawl (Inshore) Fishery Access Licence

209. Trawl (Inshore) Fishery Access Licence subject to conditions in this Division
210. Use and possession of trawl nets
211. Catch limit for certain shark
212. Catch limit for bug
213. Minimum size for certain species of bug
214. Catch limit for taking and possession of wrasse
215. Catch limit for certain other fish
216. Restriction on taking of fish if boat nominated in Commonwealth fishing concession
217. Transfer of fish at sea prohibited

Division 32--Activities authorised by Western Port/Port Phillip Bay Fishery Access Licence

218. Activities authorised by a Western Port/Port Phillip Bay Fishery Access Licence

Division 33--Conditions of Western Port/Port Phillip Bay Fishery Access Licence

219. Western Port/Port Phillip Bay Fishery Access Licence subject to conditions in this Division
220. Use and possession of fishing lines in Western Port
221. Catch limit for taking and possession of wrasse from Western Port
222. Use and possession of fishing lines in Port Phillip Bay
223. Use and possession of mesh nets in Port Phillip Bay
224. Use and possession of purse seine net and lampara net in or on Port Phillip Bay
225. Use and possession of seine net in or on Port Phillip Bay
226. Use and possession of commercial hoop nets in or on Port Phillip Bay
227. Restrictions on method of taking of mussels from Port Phillip Bay
228. Restrictions on use of certain commercial fishing equipment in certain places in Port Phillip Bay
229. Catch limit for taking and possession of wrasse in or on Port Phillip Bay
230. Use and possession of bay fish traps in Port Phillip Bay
231. Longline team fishing

Division 34--Activities authorised by Wrasse (Ocean) Fishery Access Licence

232. Activities authorised by a Wrasse (Ocean) Fishery Access Licence

Division 35--Conditions of Wrasse (Ocean) Fishery Access Licence

233. Wrasse (Ocean) Fishery Access Licence subject to conditions in this Division
234. Use and possession of certain fishing lines

PART 8--ABALONE

Division 1--Minimum sizes and closed seasons for abalone

235. Minimum sizes for abalone
236. Method for measuring size of abalone
237. Closed seasons for abalone
238. Taking of abalone between sunset and sunrise prohibited
239. 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

240. Application of Division
241. Catch limit for abalone
242. Use of certain equipment for taking abalone prohibited
243. Offences regarding shucked abalone
244. Offence not to carry instrument to measure abalone
245. Offence to remove abalone from its packaging

Division 3--Activities authorised by abalone fishery access licences

246. Activities authorised by an Abalone Fishery (Western Zone) Access Licence
247. Activities authorised by an Abalone Fishery (Central Zone) Access Licence
248. Activities authorised by an Abalone Fishery (Eastern Zone) Access Licence

Division 4--Conditions of all abalone fishery access licences

249. Abalone fishery access licences subject to conditions in this Division
250. Abalone boat not to be used as base for underwater diving operation
251. Abalone only to be taken using abalone tool or catch bag
252. Transfer of abalone to licence holder prohibited
253. Abalone not to be taken from more than one size zone
254. Taking of abalone from different abalone zones
255. Size restrictions on taking abalone from Mallacoota Airport area
256. Shucking of abalone prohibited
257. Instrument to measure abalone to be carried
258. Transfer of abalone at sea prohibited
259. Abalone to be placed in bins and sealed with bin tags
260. Abalone not to be moved from boat until sealed in bins
261. Landing requirements for abalone
262. Completion of Part A of abalone docket
263. Notification of specified abalone details to Secretary
264. Duplicate and triplicate abalone docket to be affixed to bin
265. Restriction on moving abalone from place of landing or entering processing premises
266. Abalone must be delivered to holder of Fish Receivers' (Abalone) Licence within 24 hours
267. Submission of original abalone docket to Secretary
268. Requirements relating to abalone dockets and abalone docket books

Division 5--Activities authorised by a Fish Receivers' (Abalone) Licence

269. Activities authorised by a Fish Receivers' (Abalone) Licence

Division 6--Conditions of all Fish Receivers' (Abalone) Licences

Subdivision 1--General

270. Fish Receivers' (Abalone) Licence subject to conditions in Subdivisions 2, 3, 4, 5, 6 and 7

Subdivision 2--General and administrative conditions

271. Abalone only to be received from certain sources
272. Maintenance of equipment for compliance with regulations
273. Stock record to be provided to Secretary on request
274. Abalone sold and possessed not to exceed recorded amounts
275. Requirements relating to fisheries documents
276. Requirement to mark or label abalone packaging

Subdivision 3--Abalone received from the holder of an abalone fishery access licence

277. Application of Subdivision
278. Abalone to be received no more than 24 hours after landing
279. Bins of abalone that are not properly sealed
280. Incomplete or incorrect dockets
281. Weighing and notification of specified abalone details to Secretary
282. Bins not to be opened until regulation 281 complied with
283. Copies of abalone docket

Subdivision 4--Abalone accompanied by abalone transfer certificate

284. Application of Subdivision
285. Secretary to be notified of incorrect abalone transfer certificate
286. Weighing and notification of specified abalone details to Secretary
287. Abalone not to be processed or mixed until regulation 286 complied with
288. Copies of abalone transfer certificate

Subdivision 5--Abalone not accompanied by an abalone docket or an abalone transfer
certificate

289. Application of Subdivision
290. Weighing and notification of specified abalone details to Secretary
291. Abalone not to be processed until regulation 290 complied with
292. Original and copies of abalone transfer certificate

Subdivision 6--Sale or consignment of smaller quantities of abalone

293. Application of Subdivision
294. Requirements for sale or consignment of smaller quantities of abalone
295. Duplicate small sales return to be retained on premises

Subdivision 7--Sale of larger quantities of abalone

296. Application of Subdivision
297. Specified abalone details to be notified to Secretary
298. Abalone confirmation number required before abalone moved
299. Abalone not to leave premises without copies of abalone transfer certificate
300. Original and quadruplicate copy of abalone transfer certificate

Division 7--Other matters relating to abalone

301. Abalone only to be sold in properly labelled packaging
302. Secretary may request stock record or small sales return to be completed
303. Secretary to notify licence holders of telephone numbers to be used
304. Secretary to give abalone confirmation number to holder of abalone fishery access licence
305. Secretary to notify fish receivers of internet address and telephone numbers to be used
306. Secretary to give abalone confirmation number to holder of Fish Receivers' (Abalone) Licence
307. Required form of documentation for sale of abalone
308. Specified quantity of abalone for purposes of section 120AB of the Act
309. Document requirements for possessor of abalone
310. Offence to write on, use or possess certain fisheries documents or copies
311. Unused documents to be returned by former licence holders within 48 hours
312. Prescribed information for abalone quota unit holding statement
313. Notification of nomination of licence holder by holder of individual abalone quota unit

Division 8--Exemptions relating to abalone

Subdivision 1--Exemptions relating to labelling, packaging and documentation
requirements in the Act

314. Exemptions from labelling and packaging requirements in the Act
315. Exemptions from documentation requirements in the Act relating to possession of abalone

Subdivision 2--Exemptions from offences in the Act relating to possession, receipt,
sale and processing of abalone

316. Exemptions relating to receipt of non-commercial quantities of abalone
317. Exemptions relating to the receipt or possession of commercial quantities of abalone
318. Exemptions relating to sale of abalone
319. Exemptions relating to the processing of commercial quantities of abalone

PART 9--ROCK LOBSTER

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

320. Minimum sizes for rock lobster
321. Methods for measuring size of rock lobster
322. Closed season for rock lobster

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

323. Application
324. Catch limit for rock lobster
325. Taking of rock lobster other than by certain methods prohibited
326. Offence not to mark rock lobster
327. Offences to sell marked rock lobster
328. Offences to take, land or possess rock lobster in berry
329. Offence to take soft-shelled rock lobster
330. Offence to possess or land rock lobster unless the tail and carapace are attached

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

331. Activities authorised by a Rock Lobster Fishery (Western Zone) Access Licence
332. Activities authorised by a Rock Lobster Fishery (Eastern Zone) Access Licence

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

333. Rock lobster fishery access licence subject to conditions in this Division
334. Rock lobster only to be taken by use of rock lobster pot
335. Specifications for rock lobster pot
336. Restrictions on numbers of rock lobster pots that may be used
337. Rock lobster pot not to be used during closed season for male rock lobster
338. Rock lobster pot set by boat not to be hauled using another boat
339. Taking, landing, possession etc. of berried or soft-shelled rock lobster prohibited
340. Possession or landing of dismembered rock lobster prohibited
341. Transfer of rock lobster at sea prohibited
342. Transfer of rock lobster to licence holder prohibited
343. Catch limits for fish other than rock lobster
344. Use of coff or other fishing equipment
345. Restrictions relating to rock lobster when quota unit balance of licence is zero or less
346. Rock lobster daily catch record book to be on board boat
347. Requirement to complete rock lobster daily catch record book
348. Prior reporting of rock lobster details before entering ports
349. Further details to be provided to Secretary after initial reporting under regulation 348
350. Boat not to enter port and rock lobster not to be landed before estimated time
351. Boat to enter port and rock lobster to be landed within 1 hour after estimated time
352. Rock lobster to be landed in Victoria unless exempted
353. Rock lobster must be landed at specified place
354. Reporting of post-landing details concerning rock lobster to Secretary
355. Rock lobster not to be dealt with unless regulation 354 complied with
356. Original rock lobster daily catch record to be sent to Secretary
357. Requirements for keeping of fisheries documents and copies relating to rock lobster
358. Location of rock lobster catch disposal record book and daily catch record book to be notified

Division 5--Other matters relating to rock lobster

359. Secretary may allocate forfeited individual quota units in respect of rock lobster by tender
360. Secretary to notify licence holder of telephone numbers to be used
361. Secretary to give rock lobster confirmation number to rock lobster fishery access licence holder
362. Document requirements for possessor of rock lobster

Division 6--Exemptions relating to rock lobster

Subdivision 1--Exemptions from documentation requirements in the Act

363. Exemptions from documentation requirements in the Act relating to possession of rock lobster

Subdivision 2--Exemptions from offences in the Act relating to receipt, possession,
sale and processing of rock lobster

364. Exemptions relating to the receipt of any quantity of rock lobster
365. Exemptions relating to the receipt, processing or possession of rock lobster in a commercial quantity
366. Exemptions relating to the sale of rock lobster

PART 10--GIANT CRAB

Division 1--Minimum size and closed season for giant crab

367. Minimum size for giant crab
368. Methods for measuring size of giant crab
369. Closed season for giant crab

Division 2--General restrictions and prohibitions regarding giant crab

370. Application
371. Offence to take, land or possess giant crab in berry
372. Offence to possess or land dismembered giant crabs

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

373. Activities authorised by a Giant Crab Fishery (Western Zone) Access Licence

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

374. Giant Crab Fishery (Western Zone) Access Licence subject to conditions in this Division
375. Giant crab only to be taken by use of rock lobster pot
376. Specifications for rock lobster pot
377. Restrictions on numbers of rock lobster pots that may be used
378. Rock lobster pot not to be used or be on board boat during closed season for male giant crab
379. Rock lobster pot set by boat not to be hauled using another boat
380. Taking, landing, possession etc. of berried giant crab prohibited
381. Possession or landing of dismembered giant crab prohibited
382. Transfer of giant crab at sea prohibited
383. Transfer of giant crab to licence holder prohibited
384. Catch limits for fish other than giant crab
385. Restrictions relating to giant crab when quota unit balance of licence is zero or less
386. Giant crab daily catch record book to be on board boat
387. Requirement to complete giant crab daily catch record book
388. Prior reporting of giant crab details before entering ports
389. Further details to be provided to Secretary after initial reporting under regulation 388
390. Boat not to enter port and giant crab not to be landed before estimated time
391. Boat to enter port and giant crab to be landed within 1 hour after estimated time
392. Giant crab to be landed in Victoria unless exempted
393. Giant crab must be landed at specified place
394. Notification of post-landing details concerning giant crab to Secretary
395. Giant crab not to be dealt with unless regulation 394 complied with
396. Original giant crab daily catch record to be sent to Secretary
397. Requirements for keeping of fisheries documents and copies relating to giant crab
398. Location of giant crab catch disposal record book and giant crab daily catch record book to be notified

Division 5--Other matters relating to giant crab

399. Secretary may allocate forfeited individual quota units in respect of giant crab by tender
400. Secretary to notify licence holder of telephone numbers to be used
401. Secretary to give giant crab confirmation number to licence holder
402. Documentation requirements for possessor of giant crab

Division 6--Exemptions relating to giant crab

403. Exemptions from documentation requirements in the Act relating to possession of giant crab
404. Exemption from offence in Act relating to the receipt of giant crab

PART 11--SCALLOP

Division 1--Catch limit and general restrictions regarding scallop

405. Catch limit for scallop

Division 2--Activities authorised under a Scallop (Ocean) Fishery Access Licence

406. Activities authorised under a Scallop (Ocean) Fishery Access Licence

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

407. Scallop (Ocean) Fishery Access Licence subject to conditions in this Division
408. Scallop dredge specifications and stowage
409. Shucked scallop not to be on board or landed from boat
410. Catch limits for possession and landing of fish other than scallop
411. Transfer of scallop at sea
412. Taking and possession of wrasse
413. Sale of scallop

Division 4--Activities authorised by a Fish Receivers' (Scallop) Licence

414. Activities authorised by a Fish Receivers' (Scallop) Licence

Division 5--Conditions of a Fish Receivers' (Scallop) Licence

415. Fish Receivers' (Scallop) Licence subject to conditions
416. Receipt of scallop
417. Completion and submission of returns

PART 12--AQUACULTURE

Division 1--Activities authorised by aquaculture licences

418. Definitions
419. Activities authorised by an Aquaculture (Crown Land—Abalone) Licence
420. Activities authorised by an Aquaculture (Crown Land—Bivalve Shellfish) Licence
421. Activities authorised by an Aquaculture (Crown Land—Eels) Licence
422. Activities authorised by Aquaculture (Crown Land—Offshore) Licence
423. Activities authorised by an Aquaculture (Crown Land—Other) Licence
424. Activities authorised by Aquaculture (On-shore Abalone) Licence
425. Activities authorised under an Aquaculture (Private Land—Eels) Licence
426. Activities authorised under Aquaculture (Private Land—Indoor Intensive) Licence
427. Activities authorised by an Aquaculture (Private Land—Marine) Licence
428. Activities authorised by an Aquaculture (Private Land—Ornamentals) Licence
429. Activities authorised under an Aquaculture (Private Land—Other) Licence
430. Activities authorised under an Aquaculture (Private Land—Salmonids) Licence
431. Activities authorised under an Aquaculture (Private Land—Tourism) Licence
432. Activities authorised by an Aquaculture (Private Land—Warm Water Finfish) Licence
433. Activities authorised by an Aquaculture (Private Land—Yabbies) Licence
434. Activities authorised by an Aquaculture (Private Land—Yabbies Multi-waters) Licence

Division 2--Conditions of all aquaculture licences

435. Every aquaculture licence subject to conditions in this Division
436. Record keeping in relation to priority species
437. Completion of aquaculture production return
438. Labelling and documentation requirements for transport or sale of fish
439. Documentation requirements for sale of rock lobster
440. Aquaculture incoming stock record to be kept of source of all fish

Division 3--Conditions of aquaculture licences relating to abalone

441. Aquaculture licences relating to abalone subject to additional conditions in this Division
442. Shucking of abalone prohibited
443. Document requirements for selling or consignment of abalone
444. Additional packaging and labelling requirements for sale or transport of abalone

Division 4--Conditions of all Crown land aquaculture licences

445. Definition
446. Crown land aquaculture licence subject to additional conditions in this Division
447. Introduction of feeds, fish and other products to licensed area
448. Marking of boundaries of licensed area
449. Commercial aquaculture equipment to be marked and located within licensed area

Division 5--Conditions of certain private land aquaculture licences

450. Additional condition on Aquaculture (Private Land—Indoor Intensive) Licence
451. Additional condition of Aquaculture (Private Land—Tourism) Licence

Division 6--Exemptions relating to aquaculture activities

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

Division 7--Other matters relating to aquaculture licences

454. Secretary's obligations in relation to aquaculture production returns

PART 13--GENERAL EXEMPTIONS

Division 1--Exemptions from offences in the Act

455. Exemption relating to possession of commercial fishing equipment in general
456. Exemption relating to possession of yabby pots
457. Exemption relating to use or possession of gaff
458. Exemption relating to possession of rock lobster pots
459. Exemption relating to receipt of certain fish for sale

Division 2--Exemptions from licence conditions

460. Secretary may exempt licence holder from licence condition

PART 14--GENERAL

Division 1--Enforcement and legal proceedings matters

461. Designated licence conditions
462. Prescribed positioning device
463. Time for bringing proceedings extended for certain offences
464. Sections of the Act specified for purposes of section 128(1)(a)
465. Classes of licence specified for purposes of section 128A

Division 2--Vessel monitoring systems

Subdivision 1--Conditions for use of vessel monitoring system

466. Definitions
467. Conditions for use of vessel monitoring system set out in this Subdivision
468. Vessel monitoring system installed on boat
469. Secretary to be notified of installation of vessel monitoring system
470. Contact person on land to be nominated by responsible person
471. Secretary to be notified of person to communicate with Secretary and boat
472. Boat not to be moved until notification that vessel monitoring system operating correctly
473. Operation of vessel monitoring system
474. Fishing not to be carried out from boat with non-operational system
475. If required by Secretary password must be used
476. Sealing of vessel monitoring system to be arranged
477. Inspection of vessel monitoring system to be allowed

Subdivision 2--Other matters regarding vessel monitoring systems

478. Secretary may require password for, or inspection or sealing of, vessel monitoring system
479. Offences to interfere with vessel monitoring system

Division 3--Matters prescribed for purposes of the Act

480. Prescribed bodies and persons to which confidential documents or information may be given

Division 4--Miscellaneous

481. Secretary may approve documents, things and equipment

PART 15--TRANSITIONAL AND SAVINGS PROVISIONS

482. Change of access licence names
483. Applications for issue or transfer of fishery licences received before commencement

PART 16--AMENDMENTS TO FISHERIES (FEES, ROYALTIES AND LEVIES) REGULATIONS 2008

484. Amendments to update references to Fisheries Regulations 2009
485. Updating of access licence names
486. Corrections to access licence names
487. Revocation of Part 6
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ENDNOTES

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