Fisheries Regulations 2019

In these Regulations—

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

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—

cast net means a circular or elliptical net that—

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—

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

coff means any of the following things—

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—

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—

Discovery Bay pipi zone means either of the following zones—

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—

but does not include—

fisheries notification service means—

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—

fishing trip means—

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

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—

gaff means—

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—

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—

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—

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

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—

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—

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—

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—

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—

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—

old regulations means the Fisheries Regulations 2009^[1];

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

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

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—

place of landing means—

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—

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—

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

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—

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—

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—

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—

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—

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—