Fisheries Regulations 2019
364Prohibition against taking or possessing rock lobster in closed season
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364 Prohibition against taking or possessing rock lobster in closed season
(1) For the purposes of section 67(1) of the Act, the taking of any rock lobster from, or in, on or next to Victorian waters, during the period specified as the closed season for rock lobster in regulation 363 by any person, other than a person of one of the classes of person set out in subregulation (3) is prohibited.
(2) For the purposes of section 67(1) of the Act, the possessing of any rock lobster from, or in, on or next to Victorian waters, during the period specified as the closed season for rock lobster in regulation 363 by any person, other than a person of one of the classes of person set out in subregulation (3) is prohibited.
(3) For the purposes of subregulations (1) and (2), the classes of person are the following—
(a) holders of, or persons acting on behalf of holders of, an aquaculture licence that authorises the hatching, rearing, breeding, displaying or growing of rock lobster who take or possess rock lobster from the area specified in the aquaculture licence in accordance with the licence, the Act and these Regulations;
(b) holders of, or persons acting on behalf of holders of, a general permit authorising the taking or possession of rock lobster during the period specified as the closed season in regulation 363 who take rock lobster during that period in accordance with the permit, the Act and these Regulations;
(c) persons acting in accordance with the Act and these Regulations who possess rock lobster received from a person referred to in paragraph (a) or (b).
1 A failure to comply with a prohibition in this regulation is an offence under section 67(3) of the Act. A penalty of 100 penalty units or 6 months imprisonment or both applies.
2 Regulation 451, which prescribes matters for the purposes of section 120AC of the Act, requires that persons who possess any fish must have in their possession a catch disposal record, fish receipt or fish movement record in respect of those fish. Certain exemptions apply under regulation 453.