Fisheries Regulations 2019

Part 1—Preliminary

1 Objectives

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.

2 Authorising provision

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

3 Commencement

These Regulations come into operation on 1 February 2020.

4 Revocations

The Regulations listed in Schedule 1 are revoked.

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;

(c) Abalone Fishery (Eastern 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;

(c) the eastern 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;

(c) a fish receiver 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

(c) any other document issued by the Victorian Fisheries Authority under the Act or the regulations under the Act—

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

(c) a rigid pole—

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

(c) no more than one entrance; 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

(c) not more than 4 hooks arranged in a gang; 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

(c) in respect of abalone in cans, the drained weight of the abalone meat in the can;

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;

(c) eastern 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

(c) has only one entrance which is fitted with a self-closing door; 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

(c) has a top opening of not less than 20 centimetres by 20 centimetres; 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;

(c) western 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;

(c) Mitta Mitta River upstream of Lake Dartmouth;

(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;

(c) the Port Phillip Bay 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

(c) has the letter "T" and the identifying mark of the registered boat displayed on both sides of the bow;

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

(c) the number of giant crab or rock lobster remaining in a wet well;

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

(c) 90 centimetres in width.

6 Additional 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.

7 Definitions 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.

8 References 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.

9 Interpretation 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.

10 Methods 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.

11 Method 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.

12 Method 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.

13 Application 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.

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.

Part 2—Commercial fishery licences

Division 1—Classes of commercial fishery licence

14 Classes of access licence

For the purposes of section 38 of the Act, the following classes of access licence are created—

(a) Abalone Fishery (Western Zone) Access Licence;

(b) Abalone Fishery (Central Zone) Access Licence;

(c) Abalone Fishery (Eastern Zone) Access Licence;

(d) Bait (General) Fishery Access Licence;

(e) Banded Morwong Fishery Access Licence;

(f) Corner Inlet Fishery Access Licence;

(g) Eel Fishery Access Licence;

(h) Giant Crab Fishery (Western Zone) Access Licence;

Reg. 14(i) revoked by S.R. No. 161/2021 reg. 6.

(j) Gippsland Lakes (Bait) Fishery Access Licence;

(k) Gippsland Lakes (Mussel Dive) Fishery Access Licence;

(l) Lake Tyers (Bait) Fishery Access Licence;

(m) Mallacoota Lower Lake (Bait) Fishery Access Licence;

(n) Ocean Fishery Access Licence;

(o) Octopus Fishery Access Licence;

(p) Pipi Fishery Access Licence;

(q) Purse Seine (Ocean) Fishery Access Licence;

(r) Rock Lobster Fishery (Western Zone) Access Licence;

(s) Rock Lobster Fishery (Eastern Zone) Access Licence;

(t) Scallop (Ocean) Fishery Access Licence;

(u) Scallop Dive (Port Phillip Bay) Fishery Access Licence;

(v) Sea Urchin Fishery Access Licence;

(w) Snowy River (Bait) Fishery Access Licence;

(x) Sydenham Inlet (Bait) Fishery Access Licence;

(y) Trawl (Inshore) Fishery Access Licence;

(z) Western Port/Port Phillip Bay Fishery Access Licence;

(za) Wrasse (Ocean) Fishery Access Licence.

15 Class of fish receiver licence

For the purposes of section 41 of the Act, the class of Fish Receiver (Abalone) Licence is created.

Section 4(12) of the Act provides that, on or after 1 July 2009, a reference in any subordinate instrument made under the Act to a "fish receiver's licence" or a "fish receivers' licence" is to be read and construed as a reference to a "fish receiver licence" or any derivative thereof.

16 Classes of aquaculture licence

For the purposes of section 43 of the Act, the following classes of aquaculture licence are created—

(a) Aquaculture (Crown Land—Abalone) Licence;

(b) Aquaculture (Crown Land—Bivalve Shellfish) Licence;

(c) Aquaculture (Crown Land—Eels) Licence;

(d) Aquaculture (Crown Land—Offshore) Licence;

(e) Aquaculture (Crown Land—Other) Licence;

(f) Aquaculture (On-shore Abalone) Licence;

(g) Aquaculture (Private Land—Eels) Licence;

(h) Aquaculture (Private Land—Indoor Intensive) Licence;

(i) Aquaculture (Private Land—Marine) Licence;

(j) Aquaculture (Private Land—Ornamentals) Licence;

(k) Aquaculture (Private Land—Other) Licence;

(l) Aquaculture (Private Land—Salmonids) Licence;

(m) Aquaculture (Private Land—Tourism) Licence;

(n) Aquaculture (Private Land—Warm Water Finfish) Licence;

(o) Aquaculture (Private Land—Yabbies) Licence;

(p) Aquaculture (Private Land—Yabbies Multi‑waters) Licence.

Division 2—Administration of commercial fishery licences

Subdivision 1—Classes of licence prescribed for certain purposes

17 Classes of commercial fishery licence that are transferable

(1) For the purposes of section 50B of the Act, all classes of access licence are transferable except the following classes—

(b) Gippsland Lakes (Mussel Dive) Fishery Access Licence;

(c) Lake Tyers (Bait) Fishery Access Licence;

(d) Ocean Fishery Access Licence;

(e) Purse Seine (Ocean) Fishery Access Licence;

(f) Sea Urchin Fishery Access Licence.

(2) For the purposes of section 50B of the Act, every class of aquaculture licence and fish receiver licence is transferable.

18 Classes of commercial fishery licence that may be held by a corporation

(1) Every class of access licence may be held by a corporation except the following classes—

(b) Gippsland Lakes (Mussel Dive) Fishery Access Licence;

(c) Lake Tyers (Bait) Fishery Access Licence;

(d) Ocean Fishery Access Licence;

(e) Pipi Fishery Access Licence;

(f) Sydenham Inlet (Bait) Fishery Access Licence.

(2) Every class of aquaculture licence may be held by a corporation.

(3) Every class of fish receiver licence may be held by a corporation.

19 Classes of access licence where licence holder must not personally carry out fishing activities unless permitted

For the purposes of section 39(1) of the Act, all classes of access licence are specified.

Section 39(1) of the Act provides that the holder of an access licence of a class specified by the regulations for the purposes of that subsection (that is, all classes of access licence) must not personally carry out any of the fishing activities authorised by the licence unless that licence holder is expressly permitted to do so by the licence. The maximum penalty for a contravention of section 39(1) of the Act is 200 penalty units or 12 months imprisonment or both.

20 Classes of access licence where services of other person not to be used unless permitted

For the purposes of section 39(2) of the Act, all classes of access licence are specified except the following classes—

(b) Ocean Fishery Access Licence.

Section 39(2) of the Act provides that the holder of an access licence of a class specified by the regulations for the purposes of that subsection (that is, all classes of access licence other than those listed above in paragraph (a) or (b)) must not use the services of any other person to carry out any of the fishing activities authorised by the licence unless the other person is, in the opinion of the Victorian Fisheries Authority, a fit and proper person to carry out those activities and the licence permits the holder to use the services of that person and states the name of the person on the licence. The maximum penalty for a contravention of section 39(2) of the Act is 200 penalty units or 12 months imprisonment or both.

Reg. 21 substituted by S.R. No. 51/2020 reg. 4.

21 Classes of access licence where use of boat for fishing prohibited unless authorised

For the purposes of section 39(3) of the Act, the following classes of access licence are specified—

(b) Pipi Fishery Access Licence;

(c) Purse Seine (Ocean) Fishery Access Licence;

(d) Rock Lobster Fishery (Eastern Zone) Access Licence;

(e) Rock Lobster Fishery (Western Zone) Access Licence;

(f) Scallop (Ocean) Fishery Access Licence;

(g) Trawl (Inshore) Fishery Access Licence;

1 Section 39(3) of the Act provides that the holder of an access licence of a class specified by the regulations for the purposes of that subsection must not use a boat to carry out any of the fishing activities authorised by the licence unless the licence permits the use of that boat and states the registration number of the boat. The maximum penalty for a contravention of section 39(3) of the Act is 200 penalty units or 12 months imprisonment or both.

2 Under regulation 152, any boat used by the holder of an access licence to carry out any of the fishing activities authorised by the licence must be registered.

Subdivision 2—Maximum numbers of access licences

22 Maximum number of access licences that can be issued for a class of access licence

(1) The maximum number of licences that may be issued for a class of access licence listed in Column 2 of the Table in Schedule 17 is the base number in Column 3 of that Table that corresponds to that class of licence less the adjustment number for that class of licence calculated in accordance with subregulation (2).

(2) The adjustment number for a class of access licence is the total number of licences of that class that, since the commencement of these Regulations, have—

(a) not been renewed within the 2-month period immediately following the date on which any fee, royalty or levy was due in respect of that class of licence; and

(b) been consolidated with another licence of that class; and

(c) been cancelled.

23 Register of adjustment numbers

(1) The Victorian Fisheries Authority must establish and keep current a register that sets out the value of the adjustment number calculated in accordance with regulation 22 in respect of each class of access licence listed in Column 2 of the Table in Schedule 17.

(2) The Victorian Fisheries Authority must publish a copy of the register on the Victorian Fisheries Authority's Internet site.

(3) A failure to comply with this regulation has no effect on regulation 22.

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

24 Aquaculture licences to be renewable

In addition to the licences specified in section 57(1) of the Act, every class of aquaculture licence is a renewable licence.

25 Grounds on which Victorian Fisheries Authority must refuse to issue aquaculture licence

For the purposes of section 51(4) of the Act, the Victorian Fisheries Authority must refuse to issue an aquaculture licence if it considers that the issue of the licence would pose an unacceptable risk to fisheries resources, ecosystems or the maintenance of genetic diversity in fisheries resources and ecosystems.

26 Application to transfer commercial fishery licence

An application for the transfer of a commercial fishery licence must—

(a) include the name and address of the holder of the commercial fishery licence to be transferred and any holder of a registered financial interest in that licence; and

(b) specify the name and address of the proposed transferee; and

(c) specify whether the licence is a licence that is required to be consolidated; and

(d) if requested by the Victorian Fisheries Authority, specify any additional information relating to the application; and

(e) if the commercial fishery licence is a licence in respect of which there are relevant eligibility criteria prescribed, specify the proposed transferee's responses to the questions asked by the Victorian Fisheries Authority in relation to the eligibility criteria; and

(f) be lodged with the Victorian Fisheries Authority.

27 Ground for refusing the transfer of access licence

(1) The Victorian Fisheries Authority must refuse to transfer an access licence if in the opinion of the Victorian Fisheries Authority the proposed transferee does not satisfy any relevant eligibility criterion prescribed in respect of the licence.

(2) The Victorian Fisheries Authority must refuse to transfer a Giant Crab Fishery (Western Zone) Access Licence if—

(a) the proposed transferee is not the holder of a Rock Lobster Fishery (Western Zone) Access Licence; or

(b) the boat proposed to be used under the licence is not the boat specified in the Rock Lobster Fishery (Western Zone) Access Licence held by the proposed transferee; or

(c) any proposed licence operator is not also a licence operator specified in the Rock Lobster Fishery (Western Zone) Access Licence held by the proposed transferee.

28 Eligibility criterion for issue, renewal or transfer of access licence

The eligibility criterion that the following persons must satisfy is that the person must have a thorough knowledge of the provisions of the Act and these Regulations that are relevant to the particular fishery in respect of which the person is licensed or to be licensed to operate—

(a) an applicant for the issue or renewal of an access licence;

(b) the proposed transferee of an access licence.

29 Individual quota units not to be transferred if levies not paid

The Victorian Fisheries Authority must not transfer an individual quota unit if the access licence holder who applies to transfer the quota unit has not paid any prescribed levy due in respect of the quota unit or the access licence to which the quota unit is allocated.

30 Process for voluntary surrender of commercial fishery licence

(1) The holder of a commercial fishery licence may advise the Victorian Fisheries Authority, in writing, that the holder wishes to surrender that licence.

(2) The Victorian Fisheries Authority must, within one month after receiving a notice under subregulation (1)—

(a) cancel the licence; and

(b) advise the licence holder, in writing, that the licence is cancelled.

31 Prescribed grounds for suspension of a fishery licence

(1) For the purposes of section 58(2)(c) of the Act, the other grounds on which the Victorian Fisheries Authority may require the holder of a fishery licence to show sufficient cause why the licence should not be suspended are—

(a) the Victorian Fisheries Authority believes on reasonable grounds that the holder of the fishery licence, or a person acting on behalf of the licence holder, has failed to comply with a designated licence condition; or

(b) the holder of the fishery licence has been found guilty of a relevant offence; or

(c) the holder of the fishery licence is a fine defaulter within the meaning of the Fines Reform Act 2014 in relation to an infringement offence within the meaning of that Act that relates to a relevant offence.

holder, in the case of a corporation or co‑operative, includes an officer of the corporation or co-operative who is acting in the officer's capacity as an officer of the corporation or co-operative;

relevant offence means—

(a) an offence under the Act, the Flora and Fauna Guarantee Act 1988, the Marine and Coastal Act 2018, the National Parks Act 1975, the Wildlife Act 1975 or under a regulation made under any of those Acts; or

(b) an associated offence; or

(c) an offence involving violence against or the assault of a public officer; or

(d) an offence involving the obstruction or hindering of an authorised officer; or

(e) an offence under a law of the Commonwealth, another State, a Territory or New Zealand, that corresponds to a law specified in paragraph (a), (b), (c) or (d).

Subdivision 4—Compensation payable under section 63 of the Act

32 Definitions

In this Subdivision—

financial documentation means for the purposes of regulation 38—

(a) in the case of item A in the formula in regulation 34, a copy of the written determination of the valuer‑general; and

(b) in the case of item B in the formulae in regulations 34 and 35—

(i) a statement endorsed by a certified practising accountant, being a member of CPA Australia, the Institute of Chartered Accountants in Australia or the Institute of Public Accountants; or

(ii) a personal taxation statement issued by the Australian Taxation Office; and

(c) in the case of item D in the formulae in regulations 34 and 35, any documentation that the Secretary determines is relevant in determining the claim; and

(d) in the case of item Y in the formulae in regulations 34 and 35—

(i) a certified copy of a written agreement between the holder of the cancelled access licence and the holder of a registered financial interest in the licence and a statement signed by the holder of the licence and the holder of the registered financial interest that states the terms of the agreement and any dollar amount outstanding at the time the agreement was entered into; or

(ii) if a written agreement was not entered into at the time an arrangement or understanding was made between the holder of the cancelled access licence and the holder of a registered financial interest in the licence, a statement signed by the holder of the licence and the holder of the registered financial interest that states the terms of the agreement and any dollar amount then outstanding;

independent negotiator means a person appointed under regulation 39;

valuer-general means the valuer-general under the Valuation of Land Act 1960 and includes any deputy valuer-general and any valuer nominated by the valuer-general to make valuations of land referred to in section 3 of that Act.

33 Process for determination of compensation payable under section 63 of the Act

If an access licence is cancelled as a result of a direction under section 61 of the Act, the Secretary must in respect of a claim for compensation made under section 63(3) of the Act—

(a) accept in full the claim; or

(b) make an offer for compensation.

34 Making an offer for compensation—cancelled transferable access licences

For the purposes of regulation 33(b), the compensation payable to the holder of a cancelled transferable access licence must be determined in accordance with the formula—

where—

**A** is a fair and reasonable valuation for the licence, including any quota entitlement issued in respect of the licence, as determined by the valuer-general;

**B** is an income support payment equal to 3 times the average of the 4 highest net incomes before tax expressed in current dollars and returned from the 7 fishing seasons immediately before the cancellation of the licence, and based on catch records held by the Victorian Fisheries Authority;

**C** is a discounted amount determined by the independent negotiator to adjust for the benefit gained from receiving a lump sum in lieu of future income;

**D** is a fair and reasonable sum for any financial loss suffered as a natural and direct consequence of the cancellation of the licence that is not met by A or B;

**E** is a solatium of not more than 10% of the result of ;

**Y** is the total amount of the entitlement of the holders of a registered financial interest in the licence.

35 Making an offer for compensation—cancelled non‑transferable access licences

For the purposes of regulation 33(b), the compensation payable to the holder of a cancelled non-transferable access licence must be determined in accordance with the formula—

where—

**B** is an income support payment equal to 3 times the average of the 4 highest net incomes before tax expressed in current dollars and returned from the 7 fishing seasons immediately before the cancellation of the licence, and based on catch records held by the Victorian Fisheries Authority;

**C** is a discounted amount determined by the independent negotiator to adjust for the benefit gained from receiving a lump sum in lieu of future income;

**D** is a fair and reasonable sum for any financial loss suffered as a natural and direct consequence of the cancellation of the licence that is not met by B;

**E** is a solatium of not more than 10% of the result of

**Y** is the total amount of the entitlement of the holders of a registered financial interest in the licence.

36 Making an offer for compensation—holder of registered financial interest

For the purposes of regulation 33(b), the compensation payable to the holder of a registered financial interest in an access licence must be—

(a) determined in accordance with the financial interest expressed as a dollar amount and declared by the holder of the financial interest and agreed to by the holder of the access licence on the application for compensation form; and

(b) assessed as a component of item Y in the formula set out in regulation 34 or 35 (as the case requires).

37 Provision of notification to holder of a cancelled licence etc.

The Secretary must provide to the holder of a cancelled licence and the holder of a registered financial interest in respect of a cancelled licence—

(a) notification of the direction issued under section 61 of the Act; and

(b) an application form for compensation.

38 Making applications for compensation

An application for compensation submitted to the Secretary must—

(a) specify in respect of a claim made by—

(i) the holder of a transferable access licence, the amounts claimed for each item in the formula set out in regulation 34 except items C and E; or

(ii) the holder of a registered financial interest in a transferable access licence, the entitlement held in respect of item Y in the formula set out in regulation 34; or

(iii) the holder of a non-transferable access licence, the amount claimed for each item in the formula set out in regulation 35 except items C and E; or

(iv) the holder of a registered financial interest in a non-transferable access licence, the entitlement held in respect of item Y in the formula set out in regulation 35; and

(b) be supported by financial documentation to substantiate those items in the relevant formula that must be specified in accordance with paragraph (a).

39 Appointment and role of independent negotiator

(1) The Secretary may appoint an independent negotiator who, in the opinion of the Secretary, has extensive knowledge of financial matters and asset valuation to provide the Secretary with advice on the compensation payable in respect of a cancelled access licence by a direction under section 61 of the Act.

(2) The independent negotiator may provide advice to the Secretary on the financial documentation referred to in regulation 38(b).

40 Time limits for applications for compensation

An application for compensation must be submitted by a date specified in writing by the Secretary, being a date not less than 6 months after the date on which the direction under section 61 of the Act is published in the Government Gazette.

41 Manner in which compensation is payable if claim accepted in full

If the Secretary accepts in full a claim for compensation made under section 63(3) of the Act, the Secretary must—

(a) give notice in writing of the acceptance of the claim to—

(i) the holder of the cancelled access licence; and

(ii) the holder of any registered financial interest in the cancelled access licence; and

(b) pay the compensation to the claimant by means of a cheque or bank transfer in accordance with the written direction of the claimant.

42 Manner in which compensation is payable if Secretary makes an offer for compensation

(1) If the Secretary makes an offer for compensation in relation to a cancelled access licence under regulation 33(b), the Secretary must give the holder of the cancelled access licence and the holder of any registered financial interest in the cancelled access licence a notice in writing that sets out—

(a) the total compensation amount offered; and

(b) the compensation amount offered for each item calculated in accordance with regulation 34, 35 or 36 (as the case requires).

(2) If the holder of a cancelled access licence or any holder of a registered financial interest in that access licence accepts in writing the offer for compensation, the Secretary must pay the compensation by means of a cheque or bank transfer in accordance with the written direction of the holder of the access licence or the holder of the registered financial interest in that access licence (as the case requires).

Subdivision 5—Miscellaneous duties and powers of Victorian Fisheries Authority

43 Matters to be specified by Victorian Fisheries Authority in a commercial fishery licence

(1) The Victorian Fisheries Authority may specify in a commercial fishery licence any of the following matters in relation to the activities authorised by the licence—

(a) the species of fish that is or are authorised by the licence to be taken, possessed, processed, sold, hatched, reared, bred, grown or displayed;

(b) the type or types of commercial fishing equipment, commercial aquaculture equipment or other equipment that is or are authorised by the licence to be used or possessed;

(c) the number of items of, or size of, or specifications for, or marking of, commercial fishing equipment or commercial aquaculture equipment that is authorised by the licence to be used or possessed;

(d) the waters, land, area or premises in or on which the activities authorised by the licence may be carried out;

(e) the number and class of persons who may be engaged to carry out an activity authorised by the licence.

Activities which are authorised by a commercial fishery licence are specified in Division 3 and Parts 7, 8, 9, 10, 11, 12 and 13 in relation to certain types of commercial fishery licence. This regulation allows the Victorian Fisheries Authority to specify further matters in a commercial fishery licence in relation to those authorised activities.

(2) The Victorian Fisheries Authority must specify on a Giant Crab Fishery (Western Zone) Access Licence the licence number of the Rock Lobster Fishery (Western Zone) Access Licence held by that licence holder.

44 Victorian Fisheries Authority may give directions or authorisations relating to lost, stolen or damaged documents

(1) On receiving a report from a licence holder under regulation 55(2) that a fisheries document or the copy of a fisheries document reported as lost or stolen has been located, the Victorian Fisheries Authority may—

(a) direct the licence holder to return that document or copy to the Victorian Fisheries Authority in the manner, and to the place, specified by the Victorian Fisheries Authority in that direction; or

(b) authorise the licence holder to use that document or copy.

(2) On receiving a report from a licence holder under regulation 55(1) that a fisheries document or the copy of a fisheries document has been damaged the Victorian Fisheries Authority may—

(a) direct the licence holder to return that document or copy to the Victorian Fisheries Authority in the manner, and to the place, specified by the Victorian Fisheries Authority in that direction; or

(b) authorise the licence holder to use that document or copy.

45 Victorian Fisheries Authority may direct return of fisheries documents

The Victorian Fisheries Authority may direct a licence holder to return any unused or partly used fisheries document or completed copy of a fisheries document, which was issued or contained in a book issued by the Victorian Fisheries Authority to the licence holder, in the manner, and to the place, specified by the Victorian Fisheries Authority in that direction.

46 Victorian Fisheries Authority may allocate forfeited individual quota units in respect of fishery by tender

(1) This regulation applies to the allocation of an individual quota unit in respect of a fishery that is forfeited under section 66 of the Act.

(2) If the Victorian Fisheries Authority determines that an individual quota unit should be allocated to the holder of an access licence, the Victorian Fisheries Authority may invite each holder of an access licence authorised to take fish in the same specified zone of the fishery in respect of which the quota unit had been allocated to purchase the quota unit by tender in the manner set out in the invitation.

47 Victorian Fisheries Authority to confirm receipt of catch and effort record or specified details to licence holder

(1) The Victorian Fisheries Authority must make all reasonable efforts to provide a licence holder with confirmation that it has received an electronic catch and effort record or specified details from the licence holder via the fisheries notification service as soon as is practicable after the licence holder has provided those details via that service.

(2) For the purposes of subregulation (1), confirmation is to be provided by the Victorian Fisheries Authority in the following manner—

(a) on receipt of specified details from the holder of a commercial fishery licence under regulation 84, 320 or 330, by providing the licence holder with a confirmation number, via the fisheries notification service;

(b) in any other case, by providing the confirmation in the manner determined by the Victorian Fisheries Authority.

(3) Subregulation (1) does not apply if—

(a) the Victorian Fisheries Authority determines that there are reasonable grounds for believing that the licence holder has failed to comply with these Regulations; or

(b) the specified details or electronic catch and effort record were provided via the fisheries notification service by way of sending a text message from a mobile phone.

(4) If the licence holder does not receive confirmation in accordance with subregulation (2), the Victorian Fisheries Authority may issue the licence holder with confirmation by way of an alternative method determined by the Victorian Fisheries Authority.

48 Victorian Fisheries Authority to advise of means of accessing the fisheries notification service

(1) This regulation applies if the holder of a commercial fishery licence is required under these Regulations to—

(a) provide the Victorian Fisheries Authority with electronic catch and effort records via the fisheries notification service; or

(b) provide the Victorian Fisheries Authority with specified details via the fisheries notification service; or

(c) complete a rock lobster coff register or a wet well register; or

(d) retrieve information about fish consignments or the time of landing of fish via the fisheries notification service.

(2) The Victorian Fisheries Authority must notify the licence holder in writing of—

(a) the means of accessing the fisheries notification service for the purposes set out in subregulation (1); and

(b) any changes to the means of accessing the fisheries notification service; and

(c) any alternative method by which the specified details, electronic catch and effort records, completion of a register or information referred to in subregulation (1) may be given by the licence holder.

49 Victorian Fisheries Authority to notify holders of Trawl (Inshore) Fishery Access Licence when aggregated limit reached

The Victorian Fisheries Authority must notify in writing all holders of a Trawl (Inshore) Fishery Access Licence when the aggregated amount (within the meaning of regulation 271) for a snapper zone is met or exceeded.

50 Victorian Fisheries Authority to notify holders of abalone fishery access licence of commercial abalone reef area codes

The Victorian Fisheries Authority must notify in writing all holders of an abalone fishery access licence of the commercial abalone reef area codes for the purposes of providing specified details to the Victorian Fisheries Authority via the fisheries notification service under regulation 320.

Pt 2 Div. 2 Subdiv. 6 (Heading and regs 50A, 50B) inserted by S.R. No. 161/2021 reg. 7.

Subdivision 6—Endorsement of certain access licences

Reg. 50A inserted by S.R. No. 161/2021 reg. 7.

50A Endorsement of eligible access licences

(1) The Victorian Fisheries Authority may decide to endorse an eligible access licence for a licensing year.

(2) If the Victorian Fisheries Authority decides to endorse an eligible access licence, the Victorian Fisheries Authority must issue an endorsement notice to the holder of an eligible access licence informing the licence holder of the endorsement of the licence as soon as possible after the endorsement.

(3) The endorsement of an eligible access licence comes into effect on the date specified in the endorsement notice referred to in subregulation (2).

(4) The Victorian Fisheries Authority may cancel an endorsement under this regulation at any time.

(5) If an endorsement under this regulation is cancelled, the Victorian Fisheries Authority must give a written notice to the holder of an endorsed licence.

(6) A cancellation of an endorsed licence comes into effect on the date specified in the written notice referred to in subregulation (5).

(7) An endorsement under this regulation remains in force until whichever of the following occurs first—

(a) the term of the endorsement expires;

(b) the endorsed licence is transferred;

(c) the endorsement is cancelled by the Victorian Fisheries Authority.

Reg. 50B inserted by S.R. No. 161/2021 reg. 7.

50B Determination that upper limit of shark taken reached

(1) The Victorian Fisheries Authority may determine that the total combined amount of gummy shark and school shark taken by all eligible access licence holders, and all holders of a Corner Inlet Fishery Access Licence and a Western Port/Port Phillip Bay Fishery Access Licence and all holders of a permit authorising the taking and possession of gummy shark or school shark, and any persons acting on behalf of those holders has exceeded 36 tonnes in a licensing year.

(2) A determination—

(a) must specify that it comes into effect on a particular date and time; and

(b) may be varied or revoked by the Victorian Fisheries Authority at any time.

(3) The Victorian Fisheries Authority must ensure that a copy of a determination under subregulation (1) is given to each licence holder and permit holder referred to in subregulation (1) as soon as possible after it is made.

(4) A determination under subregulation (1) comes into effect on the day on which a licence holder or permit holder referred to in subregulation (1) receives a copy of the determination or on any later date specified in the determination.

(5) If the Victorian Fisheries Authority revokes a determination made under subregulation (1)—

(a) the Victorian Fisheries Authority must give to each licence holder and permit holder referred to in subregulation (1) a written notice of that revocation; and

(b) the revocation is taken to have come into effect when the notice is received by the licence holder or permit holder.

Division 3—Activities authorised by every access licence

51 Activities authorised by every access licence

An access licence authorises the licence holder to use or possess the following commercial fishing equipment in, on or next to Victorian waters—

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

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

(c) a satellite global positioning system receiver used in connection with the taking of fish.

In addition to the equipment specified in this regulation, the holder of an access licence may be authorised to use or possess other types of commercial fishing equipment under Part 7, 8, 9, 10, 11 or 12 (as the case may be) or the Victorian Fisheries Authority may, under regulation 43, specify in the access licence other types of commercial fishing equipment that may be used or possessed.

Division 4—Conditions on all commercial fishery licences

52 Every commercial fishery licence subject to conditions in this Division

For the purposes of section 52(1)(b) of the Act, the provisions in this Division set out the conditions to which every commercial fishery licence is subject.

1 In addition to the conditions set out in this Division, every commercial fishery licence is subject to—

(a) any condition expressed or referred to in the licence by the Victorian Fisheries Authority under section 52(1)(a) of the Act; and

(b) any condition applying to that class of licence set out in Division 5 or 6 or Part 7, 8, 9, 10, 11, 12 or 13.

2 Under section 53 of the Act, the holder of a licence or a person who does a thing on behalf of a licence holder must comply with any condition to which the licence is subject. A contravention of that section may attract a maximum penalty of 50 penalty units and, in the case of an offence involving a priority species or breach of a designated licence condition, a maximum penalty of 100 penalty units or 6 months imprisonment or both.

3 Under regulation 463, the holder of a licence may apply to the Victorian Fisheries Authority for an exemption from one or more conditions in these Regulations to which the licence is subject.

53 Keeping or provision of information

The licence holder must ensure that any information required to be recorded, kept, retained, maintained or provided under the Act or the regulations under the Act, whether in a prescribed form or otherwise, is recorded, kept, retained, maintained or provided in a form that is clear, legible, truthful and accurate.

54 Fisheries documents and copies to be kept in safe place

The licence holder must keep in a safe place at all times any of the following documents that is required to be kept, retained or maintained by the licence holder under the Act or the regulations under the Act—

(a) a fisheries document;

(b) a copy of a fisheries document.

Under section 120B of the Act, a person must keep any document that the person is required under the Act (which includes these Regulations) to keep for a period of 3 years after various dates set out in that section. A maximum penalty of 60 penalty units applies if a person contravenes that section.

55 Lost, stolen, destroyed or damaged fisheries documents or copies

(1) If any of the following documents are lost, stolen, destroyed or damaged, the licence holder must report that fact to the Victorian Fisheries Authority in the manner required by the Victorian Fisheries Authority within 5 business days after the document was lost, stolen, destroyed or damaged—

(a) an unused fisheries document issued or provided by the Victorian Fisheries Authority to the licence holder;

(b) a fisheries document or copy of a fisheries document that is required to be completed, kept, retained or otherwise dealt with by the licence holder under the Act or these Regulations.

(2) If a document or a copy of a document that is reported as lost or stolen under subregulation (1) is located, the licence holder must—

(a) report that fact to the Victorian Fisheries Authority in the manner required by the Victorian Fisheries Authority within 5 business days after the document is located; and

(b) ensure that the document is not used unless the licence holder is authorised to do so by the Victorian Fisheries Authority under regulation 44.

(3) If a document is reported as damaged under subregulation (1), the licence holder must ensure that the document is not used unless the licence holder is authorised to do so by the Victorian Fisheries Authority under regulation 44.

(4) The licence holder must comply with any direction of the Victorian Fisheries Authority given under regulation 44 to return a fisheries document or a copy of a fisheries document referred to in subregulation (1) or (3) to the Victorian Fisheries Authority.

56 Fisheries documents to be used in sequential numerical order

If a licence holder is issued with a fisheries document by the Victorian Fisheries Authority in the form of a book containing numbered fisheries documents, the licence holder must ensure that the numbered fisheries documents are used in sequential numerical order.

57 Fisheries documents not to be lent, given or made available to others

The licence holder must ensure that the licence holder or any person acting on behalf of the licence holder does not give, lend, or make available any fisheries document issued or provided to the licence holder by the Victorian Fisheries Authority to any person other than—

(a) the Secretary or the Victorian Fisheries Authority; or

(b) an authorised officer; or

(c) another person as required under the Act or these Regulations.

58 Licence holder to retain all unused fisheries documents in book issued

The licence holder must ensure that any unused fisheries document and any copy of a fisheries document contained in a book issued to the licence holder by the Victorian Fisheries Authority is retained in that book unless directed by the Victorian Fisheries Authority under regulation 45 to return the document to the Victorian Fisheries Authority.

59 Licence holder must return unused or partly used documents

The licence holder must comply with a direction of the Victorian Fisheries Authority under regulation 45 to return unused or partly used fisheries documents or copies of fisheries documents to the Victorian Fisheries Authority in accordance with that regulation.

60 Licence holder to notify of change of name, address or telephone number

The licence holder must notify the Victorian Fisheries Authority within 14 days after any change to—

(a) the name of the licence holder; or

(b) the residential address or postal address and telephone number of the licence holder or, in the case of a licence holder that is a corporation or co-operative, the address and telephone number of the registered office of the corporation or co-operative.

61 Return of fish and animals to water or natural habitat

(1) A licence holder who takes a fish that is not of a noxious aquatic species, and that is not to be retained by the licence holder, must immediately return that fish to the water with the least possible injury or damage.

(2) A licence holder must ensure that any animal taken incidentally while undertaking fishing activities is immediately returned to its natural habitat with the least possible injury or damage or is otherwise dealt with in accordance with the Flora and Fauna Guarantee Act 1988, the Wildlife Act 1975 and any regulations, orders, licences or authorisations under those Acts.

62 Fees, levies or royalties in respect of licences to be paid by due date

The licence holder must ensure that any fee, levy or royalty due in respect of the licence is paid to the Victorian Fisheries Authority by the date specified by the Victorian Fisheries Authority.

63 Levies and royalties in respect of individual quota units to be paid by due date

The licence holder must ensure that any levy or royalty due in respect of an individual quota unit allocated to the licence, which is held by the licence holder, is paid to the Victorian Fisheries Authority by the date specified by the Victorian Fisheries Authority.

64 Accuracy of weight measurements of fish

(1) Subject to subregulation (2), the licence holder must ensure that any details regarding the weight of fish that are required to be provided under these Regulations are correct to within 1 kilogram of the actual weight.

(2) The licence holder must ensure that any details regarding the weight of giant crab or rock lobster that are required to be provided under these Regulations are correct to within 0·1 kilograms of the actual weight, if the details relate to less than 100 kilograms of giant crab or rock lobster.

Division 5—Conditions of all access licences

65 Every access licence subject to conditions in this Division

For the purposes of section 52(1)(b) of the Act, the provisions in this Division set out the conditions to which every access licence is subject.

1 In addition to the conditions set out in this Division, every access licence is subject to—

(a) any condition expressed or referred to in the licence by the Victorian Fisheries Authority under section 52(1)(a) of the Act; and

(b) any condition applying to that class of licence set out in Division 4 or 6 or Part 7, 8, 9, 10, 11 or 12.

2 Under section 53 of the Act, the holder of a licence or a person who does a thing on behalf of a licence holder must comply with any condition to which the licence is subject. A contravention of that section may attract a maximum penalty of 50 penalty units and, in the case of an offence involving a priority species or breach of a designated licence condition, a maximum penalty of 100 penalty units or 6 months imprisonment or both.

3 Under regulation 463, the holder of a licence may apply to the Victorian Fisheries Authority for an exemption from one or more conditions in these Regulations to which the licence is subject.

66 Assistance with fishing activities

The licence holder must not use more persons to assist in carrying out activities authorised by the licence than the number authorised by the licence (if any).

67 Commercial and recreational fishing not to be undertaken at same time

(1) The licence holder must ensure that, while on a fishing trip involving a boat during which activities authorised by the licence are carried out, no person on the boat takes, or attempts to take, fish other than for sale.

(2) Subregulation (1) does not apply to the holder of an access licence who takes fish to be used for a purpose other than for sale if the holder—

(a) is authorised to take fish of that species for sale by the licence; and

(b) takes the fish in accordance with the licence as if the fish were taken for sale.

68 Taking of fish in a recreational reef zone prohibited

The licence holder must not take or attempt to take any fish in a recreational reef zone.

69 Taking of fish in an aquaculture fisheries reserve prohibited

The licence holder must not take or attempt to take any fish in a fisheries reserve established for aquaculture purposes unless—

(a) the licence expressly authorises the taking of fish in a fisheries reserve established for aquaculture purposes; and

(b) the licence holder, or a person acting on behalf of the licence holder, is acting in accordance with the licence, the Act and these Regulations.

70 Fish not to be transferred or received at sea

(1) The licence holder must ensure that—

Reg. 70(1)(a) amended by S.R. No. 51/2020 reg. 5(a).

(a) fish are not sold or transferred in or on Victorian waters from a boat used under the licence to any other boat; and

(b) fish are not sold, transferred or delivered by or on behalf of the licence holder to another person in or on Victorian waters, whether on board a boat or not; and

(c) fish are not received by or on behalf of the licence holder from any person (other than in accordance with the licence) in or on Victorian waters, whether on board a boat or not.

Reg. 70(2) amended by S.R. No. 51/2020 reg. 5(b).

(2) Subregulation (1)(a) does not apply to the transfer of fish between a boat used under the licence and a tender boat operated in accordance with the licence.

71 Licence holder or licence operator to be in presence of crew

(1) The licence holder or licence operator must at all times when in charge of any crew member—

(a) ensure that the crew member is in the licence holder's or licence operator's actual physical presence; and

(b) be in control of that crew member; and

(c) ensure that the crew member is not engaged in a separate fishing operation.

(2) Subregulation (1)(a) and (b) do not apply to crew members who are engaged in underwater dive fishing.

72 Catch limit for certain species of fish

(1) The licence holder, on any one day, must not take, possess, retain on board or land from a boat, fish of a species set out in Column 2 of Table A in Schedule 18 in a quantity that exceeds the catch limit set out in Column 3 of that Table corresponding to that species of fish.

(2) Despite subregulation (1), the licence holder, on any one day, must not take, possess, retain on board or land from a boat, more than a total of 400 kilograms of fish of any one or more species of fish specified in Column 2 of Table A in Schedule 18.

73 Taking or possession of certain fish prohibited

The licence holder must not take or possess any fish of a species set out in Column 2 of Table B in Schedule 18.

74 Taking fish by dragging seine net on to dry land or shallow water prohibited

The licence holder must not take fish by dragging or drawing a seine net containing fish on to dry land or into water less than 60 centimetres deep.

75 Marking of equipment

(1) The licence holder must ensure that any of the following equipment that is used by the licence holder is attached to a surface buoy, flag, stake or other object that is clearly and legibly marked with the licence number of the licence holder's licence—

(a) any trap, crab pot, longline, commercial hoop net or mesh net;

(b) any fleet or line of mesh nets, commercial hoop nets or pots;

(c) any cage or coff used for the purpose of holding fish.

(2) The licence holder must ensure that any rock lobster pot used by the licence holder is attached to a surface buoy or flag that is marked with the registration number of the boat used in the setting of that equipment.

(3) The licence holder must ensure that any yabby pot used by the licence holder is attached to a surface buoy that is marked with the licence number of the licence holder's licence.

(4) The licence holder must ensure that any fleet or line of octopus pots or octopus trigger traps set by the licence holder is attached to a surface buoy that is marked with the licence number of the licence holder's licence.

(5) The licence holder must ensure that equipment referred to in subregulation (1), (2), (3) or (4) does not contain any markings other than the licence number of the licence holder's licence or registration number of the boat as appropriate.

Division 6—Conditions applicable to certain commercial fishery licences

Subdivision 1—General

76 Certain commercial fishery licences subject to conditions in this Division

For the purposes of section 52(1)(b) of the Act, the provisions in Subdivisions 2, 3, 4, 5, 6, 7 and 8 set out conditions to which the commercial fishery licences specified in each of those Subdivisions are subject.

1 In addition to the conditions set out in this Division, a commercial fishery licence is subject to—

(a) any condition expressed or referred to in the licence by the Victorian Fisheries Authority under section 52(1)(a) of the Act; and

(b) any condition applying to the licence set out in Division 4 or 5 or Part 7, 8, 9, 10, 11, 12 or 13.

2 Under section 53 of the Act, the holder of a licence or a person who does a thing on behalf of a licence holder must comply with any condition to which the licence is subject. A contravention of that section may attract a maximum penalty of 50 penalty units and, in the case of an offence involving a priority species or breach of a designated licence condition, a maximum penalty of 100 penalty units or 6 months imprisonment or both.

3 Under regulation 463, the holder of a licence may apply to the Victorian Fisheries Authority for an exemption from one or more conditions in these Regulations to which the licence is subject.

Subdivision 2—Vessel monitoring system requirement

77 Requirement for vessel monitoring system

Reg. 77(1) substituted by S.R. No. 161/2021 reg. 8.

(1) This regulation applies to the following classes of access licence—

(a) abalone fishery access licence;

(b) Banded Morwong Fishery Access Licence;

(c) Corner Inlet Fishery Access Licence;

(d) Giant Crab Fishery (Western Zone) Access Licence;

(e) Octopus Fishery Access Licence;

(f) Purse Seine (Ocean) Fishery Access Licence;

(g) rock lobster fishery access licence;

(h) Scallop Dive (Port Phillip Bay) Fishery Access Licence;

(i) Scallop (Ocean) Fishery Access Licence;

(j) Sea Urchin Fishery Access Licence;

(k) Trawl (Inshore) Fishery Access Licence;

(l) Western Port/Port Phillip Bay Fishery Access Licence;

(m) Wrasse (Ocean) Fishery Access Licence.

(2) The licence holder must not engage in any fishing activity authorised by the licence unless there is installed in any boat used under the licence to engage in those activities a vessel monitoring system that complies with the conditions for the use of the system set out in Subdivision 1 of Division 2 of Part 17.

(3) Subregulation (2) does not apply to a tender boat.

Subdivision 3—Pre-fishing reporting requirements

78 Specified classes of access licence subject to conditions in this Subdivision

This Subdivision applies to the following classes of access licence—

(a) Eel Fishery Access Licence;

(b) Pipi Fishery Access Licence.

79 Notification of intention to take fish for sale

(1) The licence holder must give to the Victorian Fisheries Authority, via the fisheries notification service—

(a) if the licence holder holds an Eel Fishery Access Licence, the following details, no more than 2 hours after setting any fyke nets in the waters specified in the licence—

(i) the licence number of the access licence;

(ii) the name of any licence operator involved in the setting of the nets;

(iii) the numbers of fyke nets that have been set and the location of the waters in which they were set;

(iv) the date and time that the fyke nets were set; or

(b) if the licence holder holds a Pipi Fishery Access Licence, the following details, at least one hour before commencing a pipi fishing operation—

(i) the licence number of the access licence;

(ii) the date and time of the proposed fishing operation;

(iii) the location where pipi are proposed to be taken;

(iv) if fishing in the Discovery Bay pipi zone, the designated access point proposed to be used for entry.

(2) If the licence holder holds a Pipi Fishery Access Licence, the licence holder may, via the fisheries notification service, vary the details given to the Victorian Fisheries Authority under subregulation (1)(b) at any time before commencing a pipi fishing operation.

(3) If the licence holder holds a Pipi Fishery Access Licence, the licence holder must advise the Victorian Fisheries Authority, via the fisheries notification service, if the licence holder cancels the proposed taking of pipi for sale.

Subdivision 4—Place of landing

80 Specified classes of access licence subject to conditions in this Subdivision

This Subdivision applies to the following classes of access licence—

(a) Banded Morwong Fishery Access Licence;

(b) Giant Crab Fishery (Western Zone) Access Licence;

(c) rock lobster fishery access licence;

(d) Scallop Dive (Port Phillip Bay) Fishery Access Licence;

(e) Sea Urchin Fishery Access Licence;

(f) Western Port/Port Phillip Bay Fishery Access Licence.

81 Fish must be landed at a specified place

(1) The licence holder must ensure that fish are landed at—

(a) if the licence holder holds a Banded Morwong Fishery Access Licence, a port or mooring area specified in Schedule 20; or

(b) if the licence holder holds a Giant Crab Fishery (Western Zone) Access Licence, a port or mooring area specified in Schedule 19; or

(c) if the licence holder holds a rock lobster fishery access licence, a port or mooring area specified in Schedule 19; or

(d) if the licence holder holds a Scallop Dive (Port Phillip Bay) Fishery Access Licence, a port or mooring area specified in Part 3 of Schedule 14; or

(e) if the licence holder holds a Sea Urchin Fishery Access Licence, a port or mooring area specified in Part 2 of Schedule 6; or

(f) if the licence holder holds a Western Port/Port Phillip Bay Fishery Access Licence, a port or mooring area specified in Schedule 21.

(2) Subregulation (1) does not apply if—

(a) there is an impending or actual threat to the safety of a person engaged in activities under the licence; and

(b) the licence holder advises the Victorian Fisheries Authority via the fisheries notification service as soon as practicable of another place where fish are to be landed.

Subdivision 5—Weighing and post-fishing reporting requirements

82 Specified classes of access licences subject to conditions in this Subdivision

This Subdivision, except regulation 88, applies to the following classes of access licence—

(b) Octopus Fishery Access Licence;

(c) Pipi Fishery Access Licence;

(d) rock lobster fishery access licence;

(e) Scallop Dive (Port Phillip Bay) Fishery Access Licence;

(f) Sea Urchin Fishery Access Licence;

(g) Trawl (Inshore) Fishery Access Licence;

(h) Western Port/Port Phillip Bay Fishery Access Licence.

Regulation 88 applies to an Eel Fishery Access Licence.

83 Weighing of fish taken

(1) If the licence holder uses a boat as part of a fishing operation, all of the fish taken under the licence, other than giant crab or rock lobster, must be weighed no later than 60 minutes after the boat arrives at a place of landing.

(2) Subregulation (1) only applies to the holder of a Trawl (Inshore) Fishery Access Licence in relation to snapper taken under the licence.

(3) If the licence holder uses a boat as part of a fishing operation, all giant crab or rock lobster taken under the licence must be weighed no later than 60 minutes after the boat arrives at a place of landing unless the licence holder has complied with the notification requirements in regulation 84(3), in which case the giant crab or rock lobster must be weighed within 60 minutes after it is landed.

(4) The holder of a Pipi Fishery Access Licence must, no later than 60 minutes after landing pipi, weigh any pipi taken under the licence—

(a) if the pipi are landed in Discovery Bay, within 20 metres of the designated pipi weighing point that is closest to the designated access point used to access the Discovery Bay pipi zone; and

(b) in any other case, at the car parking area nearest to the place of landing.

84 Notification of post-fishing details to the Victorian Fisheries Authority

(1) If the licence holder uses a boat as part of a fishing operation to take fish under the licence, other than giant crab or rock lobster, the licence holder must, no later than 60 minutes after the boat arrives at a place of landing and before the fish leave that place of landing, provide the following details to the Victorian Fisheries Authority via the fisheries notification service—

(b) the estimated time at which the fish are to be moved from the place of landing;

(c) the total net weight (in kilograms) of whole fish taken under the licence.

(2) Subregulation (1) only applies to the holder of a Trawl (Inshore) Fishery Access Licence in relation to snapper taken under the licence.

(3) If the licence holder uses a boat as part of a fishing operation to take giant crab or rock lobster, but does not land some or all of those giant crab or rock lobster within 60 minutes of the boat arriving at a place of landing, the licence holder must, no later than 60 minutes after the boat arrives at that place of landing, provide the following details to the Victorian Fisheries Authority via the fisheries notification service—

(b) the number of giant crab and the number of rock lobster that have not been landed (including giant crab and rock lobster taken on previous fishing trips but not including rock lobster stored in a coff that is not attached to the boat);

(c) whether rock lobster that have not been landed (including rock lobster taken on previous fishing trips but not including rock lobster stored in a coff that is not attached to the boat) are to be retained in a coff or a wet well.

(4) If the licence holder lands giant crab or rock lobster taken under the licence, the licence holder must provide the following details in accordance with subregulation (5) to the Victorian Fisheries Authority via the fisheries notification service—

(b) the estimated time at which giant crab and rock lobster taken under the licence that have been landed are to be moved from the place of landing;

(c) the total net weight (in kilograms) of giant crab and the total net weight (in kilograms) of rock lobster that have been landed;

(d) the number of giant crab and the number of rock lobster that have been landed.

(5) For the purposes of subregulation (4), the licence holder must provide the details—

(a) if the giant crab or rock lobster are landed within 60 minutes of the arrival of the boat used as part of the fishing operation at a place of landing, no later than 60 minutes after that arrival; and

(b) in any other case, no later than 60 minutes after the giant crab or rock lobster are landed.

(6) The holder of a Pipi Fishery Access Licence must, no later than 60 minutes after pipi taken under the licence are landed and before the pipi are removed from the weighing area described in regulation 83(4), provide the following details to the Victorian Fisheries Authority via the fisheries notification service—

(b) the estimated time at which pipi taken under the licence are to be moved from the weighing area described in regulation 83(4);

(c) the total net weight (in kilograms) of whole pipi landed under the licence;

(d) if the licence holder was fishing in the Discovery Bay pipi zone—

(i) the designated access point that was used for exit; and

(ii) the designated pipi weighing point that was used.

85 Fish not to be dealt with unless regulations 83 and 84 complied with

Until the licence holder has complied with regulations 83 and 84 in respect of fish taken under the licence, the licence holder must not allow that fish to—

(a) enter any vehicle that already contains fish; or

(b) be sold, consigned or given to another person; or

(c) enter any premises on which fish is processed or held.

86 Notification of intention to retrieve rock lobster from coff or wet well

(1) The holder of a rock lobster fishery access licence must give to the Victorian Fisheries Authority, via the fisheries notification service, the following details in accordance with subregulation (3) before retrieving and landing from a coff or wet well rock lobster taken under the licence—

(b) the number of rock lobster to be landed;

(c) the port or mooring area where the coff or wet well is located;

(d) the estimated time and date at which the rock lobster are to be retrieved.

Reg. 86(2) amended by S.R. No. 161/2021 reg. 9.

(2) Subregulation (1) does not apply to rock lobster that will be landed from a coff or wet well no later than 60 minutes after the boat that was used as part of the fishing operation to take those rock lobster arrived at a place of landing.

(3) The licence holder must provide the details referred to in subregulation (1) at least—

(a) one hour before commencing to retrieve and land rock lobster from a coff or wet well, on any day between the hours of 8 a.m. and 6 p.m.; or

(b) 2 hours before commencing to retrieve and land rock lobster from a coff or wet well, at any other time.

(4) The licence holder, at any time before retrieving rock lobster from a coff or wet well, may, via the fisheries notification service, vary the details given to the Victorian Fisheries Authority under subregulation (1).

(5) If the licence holder cancels the proposed retrieval of rock lobster from a coff or wet well, the licence holder must advise the Victorian Fisheries Authority to that effect via the fisheries notification service.

87 Notification of intention to retrieve giant crab from a wet well

(1) The holder of a Giant Crab Fishery (Western Zone) Access Licence must give to the Victorian Fisheries Authority, via the fisheries notification service, the following details in accordance with subregulation (3) before retrieving and landing from a wet well giant crab taken under the licence—

(b) the number of giant crab to be landed;

(c) the place of landing where the wet well is located;

(d) the estimated time and date at which the giant crab are to be retrieved.

(2) Subregulation (1) does not apply to giant crab that will be landed from a wet well no later than 60 minutes after the boat that was used as part of the fishing operation to take those giant crab arrived at a place of landing.

(3) The licence holder must provide the details referred to in subregulation (1) at least—

(a) one hour before commencing to retrieve and land giant crab from a wet well, on any day between the hours of 8 a.m. and 6 p.m.; or

(b) 2 hours before commencing to retrieve and land giant crab from a wet well, at any other time.

(4) The licence holder, at any time before retrieving giant crab from a wet well, may, via the fisheries notification service, vary the details given to the Victorian Fisheries Authority under subregulation (1).

(5) If the licence holder cancels the proposed retrieval of giant crab from a wet well, the licence holder must advise the Victorian Fisheries Authority to that effect via the fisheries notification service.

88 Notification of removal of fyke nets

The holder of an Eel Fishery Access Licence must give to the Victorian Fisheries Authority, via the fisheries notification service, the following details, no more than 2 hours after removing any fyke nets from the waters specified in the licence—

(b) the name of any licence operator involved in the removal of the fyke nets;

(c) the numbers of fyke nets that have been removed and the location of the waters from which they were removed;

(d) the date and time that the fyke nets were removed.

Subdivision 6—Catch disposal records

89 Specified classes of access licence subject to conditions in this Subdivision

The Subdivision applies to the following classes of access licence—

(a) Banded Morwong Fishery Access Licence;

(b) Giant Crab Fishery (Western Zone) Access Licence;

(c) Octopus Fishery Access Licence;

(d) Pipi Fishery Access Licence;

(e) rock lobster fishery access licence;

(f) Scallop (Ocean) Fishery Access Licence;

(g) Scallop Dive (Port Phillip Bay) Fishery Access Licence;

(h) Sea Urchin Fishery Access Licence;

(i) Western Port/Port Phillip Bay Fishery Access Licence.

90 Requirement to complete and keep catch disposal record

The licence holder, before selling or giving any fish taken under the licence to another person—

(a) must ensure all relevant details of the catch disposal record have been completed in the manner and within the time required by the Victorian Fisheries Authority; and

(b) in the case of a disposal of fish by consignment, must ensure that the original of the catch disposal record accompanies the consignment; and

(c) in any other case, must ensure that the original of the catch disposal record is given to the person receiving the fish at or before the disposal; and

(d) must keep the duplicate copy of the catch disposal record.

91 Location of catch disposal record book to be notified

The licence holder must ensure that the Victorian Fisheries Authority is notified of the location of the catch disposal record book if it is not located on the boat specified in the licence (if any) or at the place of landing of fish.

92 Requirements for keeping catch disposal records

(1) The licence holder must not possess, and must ensure that any person acting on behalf of the licence holder does not possess, a signed catch disposal record or a copy of such a record unless all the required details of the record have been completed in the manner required by the Victorian Fisheries Authority.

(2) The licence holder must ensure that all copies of completed, and all unused, catch disposal records and catch disposal record books are kept by the licence holder.

(3) The licence holder must ensure that the duplicate copy of each catch disposal record that has been completed in respect of the fish landed under the licence is retained in the catch disposal record book issued to the licence holder.

93 Errors made while completing catch disposal records

(1) The licence holder must ensure that, if an error occurs whilst completing a catch disposal record, which was initiated by the licence holder—

(a) the words "ERROR—CANCELLED" are written across the catch disposal record and all copies of that document; and

(b) the next sequentially numbered catch disposal record in the catch disposal record book or a new book is used.

(2) The licence holder must ensure that the original and the duplicate copy of the cancelled record are retained in the relevant catch disposal record book.

Subdivision 7—Catch and effort reporting

94 Catch and effort records—hard copy

(1) This regulation applies to any access licence that—

(a) is not an abalone fishery access licence; and

(b) is not subject to an electronic catch and effort reporting requirement under regulation 95.

(2) The licence holder must ensure that, on each day that a fishing activity is carried out under the licence, all details required to be completed in the catch and effort record are completed in the manner required by the Victorian Fisheries Authority.

(3) The licence holder must ensure that, if no fishing activities are carried out during a particular month, the words "Nil fishing" are entered on the catch and effort record for that month.

(4) The licence holder must ensure that the original catch and effort record completed under subregulations (2) and (3) is removed from the catch and effort record book and sent to the Victorian Fisheries Authority by the 18th day of the following month.

(5) The licence holder must retain the duplicate copy of every catch and effort record in the catch and effort record book.

(6) If the licence holder does not intend to carry out any activities authorised by the licence for a period of one or more months, the licence holder may notify the Victorian Fisheries Authority before the beginning of that period, by completing a form approved by the Victorian Fisheries Authority for that purpose and forwarding it to the Victorian Fisheries Authority.

(7) The licence holder must not carry out any activities authorised by the licence during a period notified to the Victorian Fisheries Authority under subregulation (6), unless the licence holder has notified the Victorian Fisheries Authority in writing before resuming such activities in that period.

(8) The licence holder must ensure the catch and effort record book is—

(a) on board the boat used under the licence at all times—

(i) when the licence holder or a person acting on behalf of the licence holder is on board the boat; or

(ii) when any fish are on board the boat; and

(b) if the licence holder does not use a boat under the licence—

(i) on the licence holder's person while undertaking a fishing activity; or

(ii) if a licence operator is permitted to carry out fishing activities, on the licence operator's person while undertaking a fishing activity; or

(iii) in the licence holder's vehicle if the vehicle is located at the site of the fishing operation being carried out; or

(iv) if a licence operator is permitted to carry out fishing activities, in the licence operator's vehicle if the vehicle is located at the site of the fishing operation being carried out; and

(c) in the licence holder's possession at all times when transporting fish taken under the licence unless the licence holder has created a catch disposal record, fish receipt or fish movement record in respect of those fish.

(9) The licence holder must ensure that the Victorian Fisheries Authority is notified of the location of a catch and effort record book if it is not located at a place referred to in subregulation (8).

(10) The licence holder must, at any reasonable time when requested to do so by an authorised officer, produce the catch and effort record book for inspection by the officer.

Catch and effort reporting requirements in relation to the abalone fishery are specified in regulation 320.

95 Catch and effort records—electronic

(1) This regulation applies to the following classes of access licence—

(b) rock lobster fishery access licence;

(c) Scallop Dive (Port Phillip Bay) Fishery Access Licence;

(d) Sea Urchin Fishery Access Licence.

(2) The licence holder must ensure that, on each day that a fishing activity is carried out under the licence, all details required to be completed in the catch and effort record are completed in the manner and form and within the time required by the Victorian Fisheries Authority and are provided to the Victorian Fisheries Authority via the fisheries notification service.

Subdivision 8—Maintaining access to fisheries notification service

96 Maintaining access to Internet or mobile telephone network

(1) This regulation applies to the holder of a commercial fishery licence that is—

(a) required under these Regulations to provide specified details, via the fisheries notification service, to the Victorian Fisheries Authority; or

(b) required to submit electronic catch and effort records, via the fisheries notification service, to the Victorian Fisheries Authority.

(2) The licence holder must, to the extent reasonably practicable, maintain—

(a) where the means of accessing the fisheries notification service is telephone-based, a means to access—

(i) the mobile telephone network, at any time when at the point of landing; or

(ii) in the case of the holder of a fish receiver licence, the telephone network at the premises specified in the licence; and

(b) where the means of accessing the fisheries notification service is Internet-based, a means to access the Internet—

(i) at any time when at the point of landing; or

(ii) in the case of the holder of a fish receiver licence, at the premises specified in the licence.

Part 3—Recreational fishery licences

Division 1—Class of recreational fishery licence

97 Class of recreational fishery licence

For the purposes of section 45 of the Act, a recreational fishing licence is created as a class of recreational fishery licence.

Division 2—Exemptions from requirement to hold recreational fishery licence

98 Exemptions from requirement to hold recreational fishery licence

(1) A person is exempt from the requirement to hold a recreational fishery licence under section 44 of the Act if the person—

(a) receives an aged or invalid pension under the laws of the Commonwealth for the time being in force in relation to social services; or

(b) is a totally and permanently incapacitated pensioner or service pensioner under the laws of the Commonwealth for the time being in force in relation to the repatriation of discharged servicemen or servicewomen; or

(c) holds a Senior's Card; or

(d) has attained the age of 70 years; or

(e) holds a current pensioner concession card or equivalent as a result of receiving a carer payment under the laws of the Commonwealth for the time being in force in relation to social services; or

Reg. 98(1)(f) amended by S.R. No. 63/2023 reg. 4(1)(a).

(f) identifies as an Aboriginal or Torres Strait Islander person; or

Reg. 98(1)(g) inserted by S.R. No. 63/2023 reg. 4(1)(b).

(g) holds a Veterans Card - Victoria.

Under section 47 of the Act a person under the age of 18 years may take fish for any purpose other than for sale without holding a recreational fishery licence.

Reg. 98(2) def. of Senior's Card amended by S.R. No. 63/2023 reg. 4(2)(a).

Senior's Card means—

(a) a Victorian Senior's Card issued by the Victorian Government, other than a Senior's Business Discount Card issued by the Victorian Government; or

(b) a Senior's Card issued by the government of another State or a Territory, other than a Senior's Business Discount Card;

Reg. 98(2) def. of Veterans Card - Victoria inserted by S.R. No. 63/2023 reg. 4(2)(b).

Veterans Card - Victoria means a Veterans Card - Victoria issued by the Victorian Government.

Division 3—Activities authorised by recreational fishery licences

99 Activities authorised by recreational fishing licences

A recreational fishing licence authorises the licence holder to—

(a) take, or attempt to take, fish from marine waters or inland waters; and

(b) use or possess recreational fishing equipment in, on or next to Victorian waters.

It is an offence under section 44 of the Act to take or attempt to take fish from marine waters or inland waters, or to use or possess recreational fishing equipment in, on or next to Victorian waters, unless authorised to do so by a recreational fishery licence or as otherwise authorised under the Act or exempted from the requirement to hold a recreational fishery licence to carry out those activities.

Division 4—General provisions applying to recreational fishery licences

100 Definition

authorised person means a person authorised by the Victorian Fisheries Authority to issue a recreational fishery licence under section 45(2) of the Act.

101 Recreational fishery licence must not be transferred or lent

The holder of a recreational fishery licence must not transfer or lend that licence to any other person.

102 Recreational fishery licence holder must not allow another person to fish under licence

The holder of a recreational fishery licence must not allow another person to carry out fishing activities on the licence holder's behalf.

103 Offence to fail to return unissued recreational fishery licences

(1) The Victorian Fisheries Authority may, in writing, request an authorised person to return any unissued recreational fishery licences given to the person by the Victorian Fisheries Authority.

(2) An authorised person must comply with a request under subregulation (1) within 14 days after receiving the request unless—

(a) the unissued recreational fishery licences have been lost or stolen; and

(b) the authorised person has notified the Victorian Fisheries Authority in the manner required by the Victorian Fisheries Authority.

104 Offence to issue recreational fishery licence with incorrect date and time

An authorised person must not issue a recreational fishery licence that specifies a date or time which is before the date on which, or the time at which, the licence was issued.

Part 4—Permits

Division 1—Protected aquatic biota permits

105 Eligibility criteria for permit under section 72 of the Act

For the purposes of section 72(1)(a) of the Act, the eligibility criteria that an applicant must satisfy are—

(a) the applicant is carrying out the activity on behalf of a post-secondary education institution, a scientific institution, a research institution or a public museum and the activity is directly related to the work of that institution or museum; or

(b) the applicant is a student of a post-secondary education institution and the activity is directly related to research to be carried out by the student in the course of the student's education at that institution; or

(c) the applicant is, or is acting on behalf of a person who is, authorised under the Act or these Regulations to conduct an aquaculture activity that relates to the protected aquatic biota and the application is to facilitate that activity; or

(d) the applicant is responsible for the preparation of an environment effects statement or a supplementary statement under the Environment Effects Act 1978 and the activity is necessary for or related to the preparation of that statement; or

(e) the applicant is authorised by a consent under Division 2 of Part 7 of the Marine and Coastal Act 2018 to carry out a dredging operation that may affect the protected aquatic biota and the application relates to that activity.

Division 2—Noxious aquatic species permits

106 Specified purposes under section 81 of the Act

For the purposes of section 81(3)(a)(iii) of the Act, the following are specified purposes—

(a) the undertaking of a dredging operation authorised by a consent under the Marine and Coastal Act 2018 that may involve taking, possessing, transporting, or releasing noxious aquatic species;

(b) the taking, keeping, possessing or transporting of noxious aquatic species for public display in a museum, zoo or aquarium;

(c) the taking, keeping, possessing or transporting of noxious aquatic species for use or display in a school or post-secondary education institution;

(d) the taking, keeping, possessing, transporting or selling of noxious aquatic species for commercial purposes.

Division 3—Conditions of permits

107 Conditions of a permit

(1) For the purposes of section 52(1)(b) of the Act, the provisions in this regulation set out the conditions to which every permit is subject.

(2) The permit holder must not take or attempt to take any fish in a recreational reef zone, or a fisheries reserve established for aquaculture purposes, unless—

(a) the permit authorises the taking of fish in that zone or reserve; and

(b) the permit holder, or a person acting on behalf of the permit holder, is acting in accordance with the permit, the Act and these Regulations.

Part 5—Boat registration

108 Registration of a boat used for fishing

(1) The owner of a boat may apply to the Victorian Fisheries Authority for the registration of that boat if the boat is to be used for any one or more of the following activities—

(a) the taking of fish for sale;

(b) the setting or use of commercial fishing equipment;

(c) the use of commercial abalone equipment to take abalone for sale;

(d) the landing of fish for sale or marketing;

(e) the setting or use of commercial aquaculture equipment—

(i) on Crown land; or

(ii) in or on the waters covering that land;

(f) the moving of an aquaculture crop.

(2) The Victorian Fisheries Authority may register the boat if—

(a) the Victorian Fisheries Authority is satisfied that the boat is to be used for one or more of the activities specified in subregulation (1); and

(b) the applicant has paid the prescribed fee for the registration of the boat.

Regulation 152 prohibits, for the purposes of section 114 of the Act, the use of a boat for commercial fishing that is not registered under this Part. A maximum penalty of 100 penalty units or 6 months imprisonment or both applies if a person contravenes that section.

109 Renewal of registration of a boat

(1) The owner of a boat may apply to the Victorian Fisheries Authority for the renewal of the registration of that boat.

(2) The Victorian Fisheries Authority may renew the registration of the boat if—

(a) the Victorian Fisheries Authority is satisfied that the boat is to be used for one or more of the activities specified in regulation 108(1); and

(b) the applicant has paid the prescribed fee for the renewal of the registration of the boat.

110 Victorian Fisheries Authority to issue certificate of registration

On the registration or renewal of registration of a boat under regulation 108 or 109, the Victorian Fisheries Authority must issue a certificate of registration which specifies—

(a) the registration number of the boat; and

(b) the identifying mark to be displayed on the boat.

111 Duration of boat registration

(1) The registration of a boat under this Part continues in force for the period specified in the certificate of registration.

(2) The Victorian Fisheries Authority may specify a period of up to one year for the purposes of subregulation (1).

112 Offence to use boat for commercial fishing without identifying mark

A person must not use a registered boat in Victorian waters unless the boat's identifying mark is displayed on the boat at all times in accordance with this Part.

113 Manner of displaying identifying mark on boat

The owner of a registered boat must ensure that the boat's identifying mark is clearly and legibly displayed on the boat—

(a) on both sides of the bow outside and clear of the water line or on both sides of the wheelhouse; and

(b) in letters or numbers no less than 20 centimetres high; and

(c) in either of the following styles—

(i) black letters or numbers on a light background;

(ii) white letters or numbers on a dark background.

114 Additional identifying mark required on boats exceeding 8 metres length

In addition to the requirements of regulation 113, the owner of a registered boat exceeding 8 metres in length must ensure that the identifying mark of that boat is clearly and legibly displayed at all times on top of the wheelhouse or some other flat uncluttered surface of the boat—

(a) in a manner that reads from port to starboard or from bow to stern; and

(b) with letters and numbers shown in black on an orange or yellow background in letters at least 90 centimetres high that are spaced at least 20 centimetres apart; and

(c) surrounded by a black border.

115 Transfer of registration of boat

(1) A person who becomes the owner of a registered boat, within 14 days after becoming the owner of the boat, must apply to the Victorian Fisheries Authority for the transfer of the registration of the boat if the boat is to be used for one or more activities specified in regulation 108(1).

(2) The Victorian Fisheries Authority may transfer the registration of the boat if—

(a) the Victorian Fisheries Authority is satisfied that the boat is to be used for one or more activities specified in regulation 108(1); and

(b) the applicant has paid the prescribed fee for the transfer of the registration of the boat.

(3) On the transfer of the registration of the boat the Victorian Fisheries Authority must issue a certificate of registration in the name of the new owner of the boat that specifies—

(a) the registration number of the boat; and

(b) the identifying mark to be displayed on the boat.

116 Offence to not remove identifying mark on expiry of boat registration

If the registration of a boat under this Part has expired, the owner of the boat, within 7 days of the date of the expiry of registration, must remove from the boat, or cause to be removed from the boat, the identifying mark specified in the certificate of registration.

117 Offence to use unregistered boat with false identifying mark

(1) The owner of a boat that is not registered under this Part must ensure that the boat does not display any identifying mark that was previously assigned to the boat or any mark that closely resembles an identifying mark.

(2) The master of a boat that is not registered under this Part must ensure that the boat does not display any identifying mark that was previously assigned to the boat or any mark that closely resembles an identifying mark.

(3) Subregulations (1) and (2) do not apply to the owner or master of—

(a) a boat that is not in use; or

(b) a boat that is being used to carry out any activity that displays a mark which is required to be displayed under any other law of Victoria or of the Commonwealth.

Part 6—General restrictions and prohibitions relating to fishing, fishing equipment, fishing methods, boats and signage

Division 1—Restrictions relating to recreational fishing equipment

118 Application of Division

This Division does not apply to a person who uses or possesses recreational fishing equipment in contravention of this Division if that person—

(a) is the holder of, or is acting on behalf of the holder of, a commercial fishery licence authorising the use or possession of that equipment and the person is acting in accordance with the licence, the Act and these Regulations; or

(b) is the holder of, or is acting on behalf of the holder of, a permit authorising the use or possession of that equipment and the person is acting in accordance with the permit, the Act and these Regulations.

Under section 45A of the National Parks Act 1975, a person must not take, or attempt to take, fish or fishing bait from an area in a marine national park or a marine sanctuary unless authorised to do so by a permit under section 21A of that Act. Section 45A of that Act further prohibits a person from using recreational fishing equipment in a marine national park or a marine sanctuary. The prohibitions in section 45A of the National Parks Act 1975 prevail over any licence, permit or other authority issued under the Act.

119 Number of items of recreational fishing equipment that may be used

(1) A person, in or on any Victorian waters, must not use more than 2 bait traps.

(2) A person, in or on any Victorian waters, must not use more than 10 baited lines with no hooks.

(3) A person, in or on any marine waters, must not use more than a combined total of 4 of the following items of recreational fishing equipment—

(a) handlines;

(b) rods and lines.

(4) A person, in or on any inland waters, must not use more than a combined total of 2 of the following items of recreational fishing equipment—

(a) handlines;

(b) rods and lines.

(5) A person, in or on any Victorian waters, must not use on any one line, more than 2 hooks that are not part of a bait jig, or more than one bait jig.

120 Use or possession of spear gun not permitted in certain waters

(1) A person must not use or possess a spear gun in or on inland waters.

(2) A person must not use or possess a spear gun in or on the waters of Anderson Inlet, Corner Inlet, Curdies Inlet, the Gippsland Lakes, Lake Tyers, Mallacoota Inlet, Shallow Inlet, Tamboon Inlet or Wingan Inlet.

(3) A person must not use or possess a spear gun in or on waters that are within 30 metres from any pier, jetty or wharf or the mouth of any creek or river.

(4) This regulation does not apply to a person who—

(a) uses or possesses a spear gun in or on the following waters in the Gippsland Lakes—

(i) the waters within 20 metres of the rocky groynes off Rigby Island;

(ii) the waters within 20 metres of the barriers in Hopetoun Channel situated west of Barrier Landing;

(iii) the waters within 50 metres of any of the compass beacons in Eagle Point Bay;

(iv) the waters of Lake Victoria between the lines running from Wattle Point to Trouser Point and from Waddy Point to Pelican Point; or

(b) possesses a spear gun in a boat that is proceeding by the most direct route to or from a launching point, boat ramp or mooring to waters in which the use of a spear gun is permitted.

121 Use or possession of hand-held spear not permitted in certain waters

(1) A person must not use or possess a hand-held spear in or on inland waters.

(2) A person must not use or possess a hand-held spear in or on the waters of Corner Inlet, Curdies Inlet, the North Arm of the Gippsland Lakes, Lake Tyers, Mallacoota Inlet, Sydenham Inlet, Swan Bay, Tamboon Inlet or Wingan Inlet.

(3) A person must not use or possess a hand-held spear in or on waters that are within 30 metres from any pier, jetty or wharf or the mouth of any creek or river.

(4) This regulation does not apply to a person who—

(a) uses or possesses a hand-held spear in or on the waters of Corner Inlet east of a line from the mean high water mark on the most northerly point of Entrance Point (on Wilsons Promontory) to the most westerly part of Little Snake Island at the mean high water mark then following the coastline of Little Snake Island generally north and then east to a point directly south of the Long Jetty at Port Welshpool and then on a north-south line to the end of that jetty and along that jetty to the shore; or

(b) possesses a hand-held spear in a boat that is proceeding by the most direct route to or from a launching point, boat ramp or mooring to waters in which the use of a hand-held spear is permitted.

122 Use of recreational bait net not permitted in certain waters

Reg. 122(1) amended by S.R. No. 51/2020 reg. 6(1).

(1) A person must not use a recreational bait net in or on Anderson Inlet, Corner Inlet, the Lower Lake of Mallacoota Inlet or Shallow Inlet unless the net is used at least 30 metres from any pier, jetty or wharf and at least 400 metres from the mouth of any creek or river in those waters.

Reg. 122(2) amended by S.R. No. 51/2020 reg. 6(2).

(2) A person must not use a recreational bait net in or on the North Arm and Cunninghame Arm of the Gippsland Lakes, Port Phillip Bay, Sydenham Inlet, Tamboon Inlet or Western Port.

(3) A person must not use a recreational bait net in or on the Gippsland Lakes, excluding North Arm and Cunninghame Arm, unless the net is used at least 30 metres from any pier, jetty or wharf and at least 400 metres from the mouth of any creek or river in those waters.

(4) A person must not use a recreational bait net in or on the waters of the Toorloo Arm and Nowa Arm of Lake Tyers that flow upstream of the lines shown on the plan in Schedule 22, those lines being indicated by the coordinates shown on that plan.

(5) A person must not use a recreational bait net in or on Lake Tyers, excluding the waters described in subregulation (4), unless the net is used at least 30 metres from any pier, jetty or wharf and at least 400 metres from the mouth of any creek or river in those waters.

(6) A person must not use a recreational bait net in or on any marine waters that occur on the seaward side of the entrance of the mouth of any inlet or river, other than a river or inlet referred to in subregulations (1) to (5), unless the net is used—

(a) at least 30 metres from any pier, jetty or wharf; and

(b) at least 400 metres from the mouth of any creek or river in those waters.

(7) A person must not use a recreational bait net in or on any inland waters other than the following waters—

(a) the waters of any lake, reservoir, swamp, marsh or lagoon;

(b) the Curdies River between the Narrows and the Great Ocean Road bridge at Peterborough;

(c) the Fitzroy River downstream from the boat ramp;

(d) the Glenelg River downstream from the southern boundary of the Lower Glenelg National Park;

(e) the Hopkins River downstream from Rowans Lane to within 200 metres of the mouth of the river;

(f) the Merri River downstream from the Princes Highway;

(g) the Snowy River downstream from the Government Wharf at Marlo;

(h) the Surrey River downstream from the Princes Highway at Narrawong;

(i) the Wimmera River downstream from the bridge on the Stawell–Marnoo road to Lake Hindmarsh.

123 Use or possession of recreational hoop nets or open top lift nets

(1) A person must not use or possess more than 2 recreational hoop nets in or on any marine waters.

(2) Despite subregulation (1), a person must not use a recreational hoop net in marine waters (other than Port Phillip Bay, Western Port, the Gippsland Lakes and any inlet of the sea) during the period commencing on 15 September and ending on 15 November in each year.

(3) Despite subregulation (1), a person must not leave a recreational hoop net immersed or set in marine waters (other than Port Phillip Bay, Western Port, the Gippsland Lakes and any inlet of the sea) during the period commencing on 15 September and ending on 15 November in each year.

(4) A person must not use or possess an open top lift net in, on or next to any marine waters.

(5) A person must not use or possess more than 10 nets that are either recreational hoop nets or open top lift nets in or on any inland waters.

(6) Despite subregulation (5), a person must not use an open top lift net or more than 5 recreational hoop nets in the waters of the Goulburn River system, the Ovens River system, the Glenelg River system, the Latrobe River system, the Tarra River system, the Mitta Mitta River, the Kiewa River, Wodonga Creek, Ryans Creek, Waranga Basin, Carrol's Creek or in any streams or tributaries flowing into those waters or in any waters impounded on those waters.

(7) Subregulation (6) does not apply to the waters of Lake Eildon, Rocklands Reservoir or Lake Dartmouth.

124 Recreational hoop net, open top lift net and bait trap must be correctly tagged

If a person uses a recreational hoop net, open top lift net or bait trap that is set from a boat, or if the person is not in attendance of that net or trap, the person must ensure that—

Reg. 124(a) amended by S.R. No. 161/2021 reg. 10.

(a) each recreational hoop net, open top lift net or bait trap has a tag attached to it which is clearly and legibly marked with the person's full name and telephone number or the person's full name and recreational fishery licence number; and

(b) the tag is positioned so that it remains on or above the water surface at all times.

125 Offence to use certain equipment in intertidal zone

(1) A person in the intertidal zone must not use a scoop, dredge, fork, spade, shovel or other hand-held digging implement for taking or attempting to take molluscs or other marine invertebrates.

(2) Subregulation (1) does not apply to a person who uses a bait pump for taking sand worms, other marine worms and burrowing shrimp (including Bass yabby).

126 Use or possession of recreational fishing equipment prohibited in certain areas

(1) A person must not use recreational fishing equipment in or on the Goulburn River from the walkway over the Eildon Pondage Weir water release gates to the fishing boundary posts situated 200 metres downstream.

(2) A person must not use recreational fishing equipment in or on Seven Creeks between the retaining wall of Polly McQuinns Dam and the Galls Gap Road Bridge which crosses Seven Creeks downstream from its junction with Watchbox Creek.

(3) A person must not use recreational fishing equipment in, on or next to any Victorian waters north of the Great Dividing Range for the purpose of taking Murray spiny freshwater crayfish during the closed season for that species.

(4) A person must not possess recreational fishing equipment in, on or next to any of the waters referred to in subregulation (1) or (2).

127 Use of rods and lines or handlines

(1) A person who uses a rod and line or handline in Victorian waters, at all times that the line is in the water, must remain in a position—

(a) where that rod and line or handline is in sight; and

(b) that is within 50 metres of that rod and line or handline.

(2) Subregulation (1) does not apply to a person who uses a baited line with no hook.

128 Offence to use or possess certain equipment in certain circumstances

(1) A person engaged in underwater dive fishing must not use or possess a hook or other device designed for or capable of taking fish.

(2) Subregulation (1) does not apply to a person who uses a spear gun or hand-held spear in accordance with these Regulations.

129 Offence to use or possess line and hook or handline in certain inland waters during the salmonid closed season

(1) A person must not use or possess a line and hook or a handline from midnight on the Monday of the Queen's Birthday weekend in June each year to midnight on the Friday before the first Saturday in September in that same year in any of the waters or areas referred to in subregulation (2).

(2) For the purposes of subregulation (1), the waters and areas are the following—

(a) the Goulburn River and its tributaries upstream of the Trawool Bridge to the fishing boundary posts situated 200 metres downstream of the Eildon Pondage Weir release gates;

(b) the Mitta Mitta River and its tributaries upstream of Peters Bridge (Tallandoon) to the Dartmouth Pondage;

(c) the Kiewa River and its tributaries upstream of Keegan's Bridge (near Dederang);

(d) the Tanjil River and its tributaries upstream of its junction with the Latrobe River to the Blue Rock Dam;

(e) in, on or next to any of the waters referred to in paragraphs (a) to (d).

Division 2—Other restrictions relating to taking fish

130 Offence to possess certain fish other than whole or in the form of carcass

(1) A person in or on Victorian waters must not possess black bream, dusky flathead, elephantfish, freshwater catfish, golden perch, King George whiting, Macquarie perch, Murray cod, ray, salmonids, shark, silver perch, snapper, spiny freshwater crayfish, trout cod or tuna (other than skipjack tuna) in any form other than whole or in the form of a carcass.

Reg. 130(2) substituted by S.R. No. 161/2021 reg. 11.

(2) Subregulation (1) does not apply to—

(a) a holder of a fishing concession authorising the possession of elephantfish or shark issued under the Commonwealth Act; or

(b) a holder of an access licence in possession of ray when carrying out any fishing activities authorised by the licence in accordance with the licence, the Act and these Regulations.

131 Offences relating to certain fish in berry

(1) A person must not take any berried bug, berried yabby or berried spiny freshwater crayfish.

(2) A person must not possess berried bug, berried yabby or berried spiny freshwater crayfish.

(3) A person must not remove eggs, setae, spawn or fibres from a berried bug, berried yabby or berried spiny freshwater crayfish.

(4) This regulation does not apply to a person if—

(a) the person is the holder of, or is acting on behalf of the holder of, an Aquaculture (Private Land—Yabbies) Licence or an Aquaculture (Private Land—Yabbies Multi‑waters) Licence; and

(b) the licence authorises an activity referred to in subregulation (1), (2) or (3); and

(c) the person is acting in accordance with the licence, the Act and these Regulations.

132 Offences relating to marine invertebrates in Port Phillip Bay

(1) A person must not take or attempt to take marine invertebrates other than sand worms, other marine worms and burrowing shrimp (including Bass yabby) from Port Phillip Bay in the intertidal zone.

(2) Subregulation (1) does not apply to a person who—

(a) takes empty shells; or

(b) takes squid, cuttlefish or octopus.

(3) A person must not use an abalone tool, scoop, dredge, fork, spade, shovel or other hand-held digging implement for the purpose of taking, or attempting to take, marine invertebrates from Port Phillip Bay in the intertidal zone.

(4) Subregulation (3) does not apply to a person who uses a bait pump for taking sand worms, other marine worms and burrowing shrimp (including Bass yabby).

133 Offence to take molluscs from intertidal zone

(1) A person must not take any mollusc from the intertidal zone.

(2) Subregulation (1) does not apply to a person who takes—

(a) bivalve molluscs (including pipi); or

(b) molluscs under an access licence that authorises that activity; or

(c) squid, cuttlefish or octopus; or

(d) empty shells.

134 Offence to take certain fish in specified areas

(1) A person must not take or attempt to take fish in or on the Goulburn River from the walkway over the Eildon Pondage Weir water release gates to the fishing boundary posts situated 200 metres downstream.

(2) A person must not take or attempt to take fish in or on Seven Creeks between the retaining wall of Polly McQuinns Dam and the Galls Gap Road Bridge which crosses Seven Creeks downstream from its junction with Watchbox Creek.