75Marking of equipment

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.