1Objectives

The objectives of these Regulations are—

(a)

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

(b)

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

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 February 2020.

4Revocations

The Regulations listed in Schedule 1 are revoked.

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

(1)

For the purposes of paragraph (g) of the definition of commercial fishing equipment in section 4(1) of the Act, a snare is prescribed to be commercial fishing equipment.

(2)

For the purposes of the definition of commercial aquaculture equipment in section 4(1) of the Act, the following equipment is prescribed as commercial aquaculture equipment—

(a)

any commercial fishing equipment;

(b)

any commercial abalone equipment;

(c)

any structure or equipment that is designed for use in, or is capable of being used for, or in connection with, the hatching, rearing, breeding, displaying or growing of fish.

(3)

For the purposes of the definition of recreational fishing equipment in section 4(1) of the Act, the following equipment is prescribed as recreational fishing equipment—

(a)

a rod and line;

(b)

a handline;

(c)

a dip net;

(d)

a bait trap;

(e)

a landing net;

(f)

a spear gun;

(g)

a hand-held spear;

(h)

a recreational bait net;

(i)

a recreational hoop net;

(j)

an abalone tool;

(k)

a bait pump;

(l)

a baited line with no hook;

(m)

a hook;

(n)

a bait jig;

(o)

an open top lift net;

(p)

a winch for the purposes of deploying or retrieving an anchor on a boat used in connection with the taking of fish;

(q)

a sonar device used in connection with the taking of fish;

(r)

a satellite global positioning system receiver used in connection with the taking of fish;

(s)

an electric fishing reel that has a hand-cranking mechanism and is designed for attaching to a rod;

(t)

a gaff.

7Definitions of fisheries

For the purposes of section 7 of the Act, a fishery specified in Column 2 of the Table in Schedule 16 is defined by reference to the species of fish, type of fishing equipment or area of waters specified in Column 3, 4 or 5 of that Table that corresponds to that fishery.

8References to geographic coordinates

For the purposes of these Regulations, a reference to the longitude or latitude of a geographical point or line is, unless a contrary intention expressly appears, based on GDA94.

9Interpretation of periods of time

In these Regulations, a reference to a period of time beginning on one day and ending on another day includes the whole of both days unless the contrary intention expressly appears.

10Methods of measurement of fishing nets and mesh sizes

(1)

The method for measuring the size of a fishing net is as follows—

(a)

the length of a net is to be measured along the float line on which the net is hung;

(b)

the depth of a net is the distance from the float line to the lead line of the net.

(2)

The method for measuring the size of the mesh of a fishing net is as follows—

(a)

a knot of the mesh is to be designated knot 1, the next knot to the right on the same line is knot 2, the knot immediately below knot 2 is knot 3 and the knot to the left of knot 3 on the same line is knot 4 (so that with the net open, knot 1 is diagonally opposite knot 3 and knot 2 is diagonally opposite knot 4);

(b)

the mesh is to be closed by bringing knot 2 into contact with knot 4;

(c)

the distance from the centre of knot 1 to the centre of knot 3 is to be measured.

(3)

The size of the mesh of a fishing net is the distance referred to in subregulation (2)(c) in relation to that net.

(4)

If there is a dispute or doubt concerning the measurement of the mesh size of a fishing net, the net is to be hung vertically and a 1 kilogram weight is to be suspended from knot 3 before the measurement is made.

(5)

For the purpose of making a measurement under this regulation, it does not matter whether the fishing net is wet or dry.

11Method of measuring bait jig hook

(1)

The method for measuring a bait jig hook is that each hook on a bait jig must be measured from the outer bend of the hook.

(2)

For the purposes of subregulation (1), the outer bend of the hook is the part of the hook that is the greatest distance from the outer edge of the eye or, if the hook does not have an eye, the outer edge of the flat end of the hook.

12Method of identifying boundary between waters of lakes and rivers

For the purposes of these Regulations, the boundary between the waters of a river or stream and the waters of a lake, reservoir or impoundment into which the river or stream flows is the point at which the flowing water of the river or stream meets the backed up waters of the lake or impoundment, regardless of the water level of the lake, reservoir or impoundment.

13Application of these Regulations to traditional owners

(1)

If a traditional owner group entity has entered into an agreement, any of these regulations (other than a regulation specified in subregulation (2)) that provides for an offence to carry out an agreed activity under that agreement does not apply to a member of the traditional owner group—

(a)

who is bound by the agreement; and

(b)

who carries out the agreed activity to which the offence applies in accordance with the agreement and on land to which the agreement applies.

(2)

For the purposes of subregulation (1), the following regulations are specified—

(a)

regulation 124;

(b)

regulation 127;

(c)

regulation 136;

(d)

regulation 138(2);

(e)

regulation 139.

(3)

In this regulation—

agreed activity has the same meaning as in section 79 of the Traditional Owner Settlement Act 2010;

agreement means an agreement under Part 6 of the Traditional Owner Settlement Act 2010;

traditional owner group has the same meaning as in the Traditional Owner Settlement Act 2010;

traditional owner group entity has the same meaning as in the Traditional Owner Settlement Act 2010.

Fisheries Regulations 2019

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