68BPossession of fish taken in non-Victorian waters

68B Possession of fish taken in non-Victorian waters (1) Unless otherwise permitted or authorised under this Act, a person must not have in his or her possession fish taken in waters of the Commonwealth or another State or Territory of the Commonwealth— (a) that are less than the minimum size, or that are more than the maximum size, specified for that species of fish; or (b) that are more than the catch limit for that species of fish— under the corresponding law of the Commonwealth or that State or Territory. Penalty: If the offence involves exceeding the catch limit for abalone by more than twice the catch limit—100 penalty units or imprisonment for 6 months or both. In any other case—20 penalty units. (2) For the purposes of subsection (1), if the corresponding law of the Commonwealth, State or Territory of the Commonwealth does not specify relevant size and catch limits, subsection (1) applies as if the corresponding law of the Commonwealth, State or Territory of the Commonwealth specified the size and catch limits that would apply if the fish had been taken in Victorian waters. Part 5—Protection of fisheries Division 1—Protected aquatic biota 69 Declaration of protected aquatic biota (1) The Governor in Council may by Order in Council declare any taxon or community of aquatic flora and fauna to be protected aquatic biota. (2) A declaration cannot be made under subsection (1) in respect of— (a) protected wildlife under the **Wildlife Act 1975**; or (b) protected flora under the **Flora and Fauna Guarantee Act 1988**. S. 69(3) amended by No. 108/2003 s. 50(c). (3) Any taxon or community of fish or aquatic invertebrate listed under the **Flora and Fauna Guarantee Act 1988** whether before or after the commencement of this subsection is deemed to have been declared by Order in Council under this section to be protected aquatic biota. (4) If the scientific name of a declared taxon or community is changed, the declaration continues to apply to the declared taxon or community as if it referred to the taxon or community by the changed name. (5) A declaration of a community of aquatic flora or fauna must contain a sufficient description of the community to enable it to be identified. S. 69(6) substituted by No. 5/1997 s. 10(1). (6) A declaration must be consistent with any criteria for the declaration of protected aquatic biota determined by the Minister and published in the Government Gazette.