VersionNo. 014
Fisheries Regulations 2009
S.R. No. 2/2009
Version incorporating amendments as at
1 April 2016
table of provisions
RegulationPage
1
RegulationPage
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Revocations
5Definitions
6Additional types of fishing equipment prescribed for the purposes of the Act
7Definition of fisheries
8Interpretation of periods of time
9Methods of measurement of fishing nets and mesh sizes
10Method of measuring bait jig hook
11Regulations do not apply to authorised officers acting within their powers
Part 2—Commercial fishery licences
Division 1—Classes of commercial fishery licences
12Classes of access licence
13Classes of fish receiver's licence
14Classes of aquaculture licence
Division 2—Administration of commercial fishery licences
Subdivision 1—Classes of licences prescribed forcertain purposes
15Classes of commercial fishery licences that are transferable
16Classes of commercial fishery licence that may be held by a corporation
17Classes of access licence where licence holder must be permitted to carry out activities
18Classes of access licence where services of other person used
19Classes of access licence regarding use of boat for fishing activities
20Prescribed classes of renewable commercial fishery licence
Subdivision 2—Maximum numbers of accesslicences
21Maximum number of access licences that can be issued for a class of access licence
22Register of adjustment numbers
Subdivision 3—Matters relating to the issue, transfer, renewal and surrender of licences
23Grounds on which Secretary must refuse to issue aquaculture licence
24Application to transfer commercial fishery licences
25Ground for refusing the transfer of access licences
26Grounds for refusing the transfer of a Giant Crab Fishery (Western Zone) Access Licence
27Eligibility criterion for issue, renewal or transfer of access licence
28Individual quota units not to be transferred if levy on licence has not been paid
29Individual abalone quota units not to be transferred if levy on quota units not paid
30Process for voluntary surrender of commercial fishery licence
Subdivision 4—Compensation payable under section 63 of the Act
31Process for determination of compensation payable under section63
32Manner in which compensation is payable
Subdivision 5—Miscellaneous duties and powersofSecretary
33Matters that may be specified by Secretary in a commercial fishery licence
34Secretary to specify licence number on Giant Crab Fishery (Western Zone) Access Licence
35Secretary to publish address for return of cancelled documents
36Secretary may give directions or authorisations relating to lost, stolen or damaged documents
37Secretary may direct return of fisheries documents
Division 3—General conditions applying to commercial fishery licences
Subdivision 1—Conditions on all commercial fishery licences
38Every commercial fishery licence subject to conditions in this Subdivision
39Keeping or provision of information
40Fisheries documents and copies to be kept in safe place
41Errors made while completing certain fisheries documents
42Lost or destroyed fisheries documents or copies
43Damaged fisheries documents and copies
44Fisheries documents and copies not to be intentionally or recklessly damaged etc.
45Theft of fisheries documents or copies
46Fisheries documents to be used in sequential numerical order
47Fisheries documents not to be lent, given or made available to others
48Licence holder to retain all unused fisheries documents in book issued
49Licence holder must return unused or partly used documents
50Licence holder to notify of change of name, address or telephone number
51Licence holder to ensure licence on boat, licensed premises or person, or in vehicle
52Return of fish to water
53Fees, levies, royalties in respect of licences to be paid by due date
54Levies and royalties in respect of individual quota units to be paid by due date
Subdivision 2—Conditions of all access licences
55Every access licence subject to conditions in this Subdivision
56Assistance with fishing activities
57Restriction on taking and possession of rock lobster
58Commercial and recreational fishing not to be undertaken at same time
58ATaking of fish in a recreational reef zone prohibited
59Completion of catch and effort records
60Licence holder to be in presence of crew
61Catch limit for certain species of fish
62Taking, landing, etc. of certain fish prohibited
63Taking fish by dragging net on to dry land or shallow water prohibited
64Marking of equipment
Part 3—Recreational fishery licences
Division 1—Class of recreational fishery licence
65Class of recreational fishery licence
Division 2—Exemptions from requirement to hold recreational fishery licence
66Exemptions from requirement to hold recreational fishing licence
Division 3—Activities authorised by a recreational fishery licence
67Activities authorised by a recreational fishing licence
Division 4—General provisions applying to recreational fishery licences
68Recreational fishery licence must not be transferred or lent
69Recreational fishery licence holder must not allow another person to fish under licence
Part 4—Permits
Division 1—Traditional owner recognition permit
69ACreation of category of traditional owner recognition permit
69BActivities authorised by traditional owner recognition permit
69CConditions of traditional owner recognition permit
69DIssue of traditional owner recognition permit
69EOffence to fail to comply with permit condition
Division 2—Permits under section 72
70Eligibility criteria for permit under section 72
Division 3—Permits under section 81
71Specified purposes under section 81
Division 4—Conditions of permits
71AConditions of a permit
Part 5—Boat registration
72Registration of a boat used for fishing
73Renewal of registration of a boat
74Secretary to issue certificate of registration
75Duration of boat registration
76Offence to use boat for commercial fishing without identifying mark
77Manner of displaying identifying mark on boat
78Additional identifying mark required on boats exceeding 8metres
79Transfer of registration of boat
80Offence to use boat with identifying mark when not registered
Part 6—General restrictions and prohibitions relating to fishing, fishing equipment, fishing methods and boats
Division 1—Restrictions relating to recreational fishing equipment
81Application of Division
82Number of items of recreational fishing equipment that may be used
83Use and possession of spear gun not permitted in certain waters
84Use and possession of hand-held spear not permitted in certain waters
85Use of recreational bait net not permitted in certain waters
86Use and possession of recreational hoop nets or open top lift nets
87Offence to use certain equipment in intertidal zone
88Recreational hoop net, open top lift net and bait trap must be correctly tagged
89Use and possession of recreational fishing equipment prohibited in certain areas
90Use of rods and lines and handlines
91Offence to use or possess certain equipment in certain circumstances
Division 2—Other restrictions relating to thetakingof fish
91AApplication of Division
92Offence to use or possess a line and hook or handline in certain inland waters during the salmonid closed season
93Offence to possess certain fish other than whole or in the form of a carcass
94Offence to transfer gemfish from one boat to another
95Offence to take, land or possess certain fish in berry
96Offences relating to marine invertebrates in Port Phillip Bay
97Offence to take molluscs from intertidal zone
98Offence to remove roe from sea urchins
99Offence to take certain fish in specified areas
100Offence to tag or mark fish
101Offence to fail to return fish to water without injury or damage
102Offence to use certain substances as bait or berley
102AOffence to use as bait or release live European green shore crab
Division 3—Prohibitions relating to use or possession of boats, equipment or fish
103Application of this Division
104Use, possession or sale of trammel net prohibited
105Use of unregistered boat for commercial fishing prohibited
106Use of firearm or other weapon to take, destroy or injure fish prohibited
107Use of electrical device to take or attract fish prohibited
108Use of floating fish traps prohibited
109Use of coff during closed season prohibited
110Use of certain fishing nets or scallop dredge prohibited in certain waters
111Use of commercial fishing equipment or commercial abalone equipment prohibited in certain waters
112Use and possession of Danish seine net prohibited
113Use of certain fishing nets near Killarney boat ramp prohibited at certain times
114Use of certain fishing nets in Portland Bay prohibited at certain times
115Use of boat for towing certain fishing nets prohibited
116Use of rock lobster pot or fish trap prohibited near Merri River mouth
116APossession of fish for sale or other commercial purposes without documents prohibited
116BRequirements on persons receiving fish for sale
117Taking of gemfish prohibited
Part 7—Fish other than abalone, rock lobster, giant crab, scallop and sea urchin
Division 1—Minimum and maximum sizes, closed seasons and catch limits for fish (other than abalone, rock lobster, giant crab and scallop)
117AApplication of Division
118Minimum sizes
119Maximum size for Murray cod
120Prohibition on sale of Murray cod above maximum size
121Additional minimum sizes for commercial taking and possession of fish
122Methods for measuring size of fish
123Closed seasons for certain fish
124Catch limits
124AProhibition of possession of yabby
Division 2—Activities authorised by a Bait (General) Fishery Access Licence
125Activities authorised by a Bait (General) Fishery Access Licence
Division 3—Conditions of a Bait (General) Fishery Access Licence
126Bait (General) Fishery Access Licence subject to conditions in this Division
127Taking or selling of fish for human consumption prohibited
128Restriction on use of equipment
Division 4—Activities authorised by a Corner Inlet Fishery Access Licence
129Activities authorised by a Corner Inlet Fishery Access Licence
Division 5—Conditions of Corner Inlet Fishery Access Licence
130Corner Inlet Fishery Access Licence subject to conditions in this Division
131Use of commercial fishing equipment prohibited at certain times
132Use and possession of seine nets
133Use and possession of mesh nets
134Use and possession of fishing lines
135Use and possession of commercial hoop nets
136Catch limit for taking and possession of wrasse
137Use and possession of hand operated bait pumps
Division 6—Activities authorised by an Eel FisheryAccess Licence
138Activities authorised by an Eel Fishery Access Licence
Division 7—Conditions of Eel Fishery AccessLicence
139Eel Fishery Access Licence subject to conditions in this Division
140Fyke net to be used for taking eels
141Marking of fyke nets
142Maximum number of fyke nets permitted to be used or possessed
143Clearing of nets
144Return of other fish and animals to water
145Setting of fyke nets
146Secretary to be notified of setting and removal of fyke nets
Division 8—Activities authorised by a Gippsland Lakes Fishery Access Licence
147Activities authorised by a Gippsland Lakes Fishery Access Licence
Division 9—Conditions of Gippsland Lakes Fishery Access Licence
148Gippsland Lakes Fishery Access Licence subject to conditions in this Division
149Use of certain commercial fishing equipment prohibited in certain places
150Restrictions on use of commercial fishing equipment in Cunninghame Arm
151Use and possession of seine nets
152Use and possession of mesh nets
153Use of seine net and mesh net at same time prohibited
154Use of seine net and mesh net prohibited at certain times
155Use and possession of stake nets
156Certain equipment prohibited for taking certain fish
157Taking of mussels permitted only at certain times
158Weekly catch limit of mussels
159Cleaning of mussels
160Storage of mussels
161Use and possession of fishing lines
162Use and possession of spider crab traps
163Catch limit for taking and possession of wrasse
164Use and possession of hand operated bait pumps
Division 10—Activities authorised by a Gippsland Lakes (Bait) Fishery Access Licence
165Activities authorised by a Gippsland Lakes (Bait) Fishery Access Licence
Division 11—Conditions of Gippsland Lakes (Bait) Access Fishery Licence
166Gippsland Lakes (Bait) Fishery Access Licence subject to conditions in this Division
167Restrictions on use and possession of commercial fishing equipment
168Use and possession of stake nets
169Fish not to be taken or sold for human consumption
Division 12—Activities authorised by a Gippsland Lakes (Mussel Dive) Fishery Access Licence
170Activities authorised by a Gippsland Lakes (MusselDive) Fishery Access Licence
Division 13—Conditions of Gippsland Lakes (Mussel Dive) Fishery Access Licence
171Gippsland Lakes (Mussel Dive) Fishery Access Licence subject to conditions in this Division)
172Taking of mussels permitted only at certain times
173Weekly catch limit of mussels
174Cleaning of mussels
175Storage of mussels
Division 14—Activities authorised by a Lake Tyers (Bait) Fishery Access Licence
176Activities authorised by a Lake Tyers (Bait) Fishery Access Licence
Division 15—Conditions of a Lake Tyers (Bait) Fishery Access Licence
177Lake Tyers (Bait) Fishery Access Licence subject to conditions in this Division
178Restrictions on use and possession of commercial fishing equipment
Division 16—Activities authorised by a Mallacoota Lower Lake (Bait) Fishery Access Licence
179Activities authorised by a Mallacoota Lower Lake (Bait) Fishery Access Licence
Division 17—Conditions of a Mallacoota Lower Lake (Bait) Fishery Access Licence
180Mallacoota Lower Lake (Bait) Fishery Access Licence subject to conditions in this Division
181Restrictions on use and possession of commercial fishing equipment
Division 18—Activities authorised by an Ocean Fishery Access Licence
182Activities authorised by an Ocean Fishery Access Licence
Division 19—Conditions of Ocean Fishery Access Licence
183Ocean Fishery Access Licence subject to conditions in this Division
184Use and possession of seine nets
185Use and possession of mesh nets
186Use and possession of fishing lines
187Catch limit for certain shark
188Catch limit for taking and possession of wrasse
189Catch limit for taking and possession of banded morwong
189ALicence holder must not lease licence
Division 20—Activities authorised by Port Phillip Bay (Mussel Bait) Fishery Access Licence
190Activities authorised by a Port Phillip Bay (Mussel Bait) Fishery Access Licence
Division 21—Conditions of a Port Phillip Bay (Mussel Bait) Fishery Access Licence
191Port Phillip Bay (Mussel Bait) Fishery Access Licence subject to conditions in this Division
192Restrictions on taking of mussels from Port Phillip Bay
Division 22—Activities authorised by a Purse Seine(Ocean) Fishery Access Licence
193Activities authorised by a Purse Seine (Ocean) Fishery Access Licence
Division 23—Conditions of Purse Seine (Ocean) Fishery Access Licence
194Purse Seine (Ocean) Fishery Access Licence subject to conditions in this Division
195Use and possession of purse seine and lampara nets
196Transfer of fish at sea prohibited
Division 24—Activities authorised by Purse Seine (Port Phillip Bay) Fishery Access Licence
197Activities authorised by a Purse Seine (Port Phillip Bay) Fishery Access Licence
Division 25—Conditions of a Purse Seine (PortPhillip Bay) Fishery Access Licence
198Purse Seine (Port Phillip Bay) Fishery Access Licence subject to conditions in this Division
198ANotification of intention to take fish for sale
198BPrior reporting of details before entering port or mooring area
198CFish must be landed at a specified place
198DBoat not to enter port or mooring area and fish not to be landed before estimated time
198EBoat to enter port or mooring area and fish to be landed within one hour after estimated time
198FSecretary to confirm receipt of details to licence holder
198GRequirement to complete catch and effort record
198HCatch and effort record books to be on board boat and when transporting fish
198IRequirement to complete and keep catch disposal record
198JRequirements for keeping fisheries documents and copies relating to fish
198KTransfer to licence holder of fish taken byother persons prohibited in Victorian waters
199Restriction on size of boat that may be used
200Use and possession of purse seine and lampara nets
201Transfer of fish at sea prohibited
201AAnnual catch limit and prohibitions on fishing when annual catch limit has been reached
Division 26—Activities authorised by Snowy River(Bait) Fishery Access Licence
202Activities authorised by a Snowy River (Bait) Fishery Access Licence
Division 27—Conditions of a Snowy River (Bait) Fishery Access Licence
203Snowy River (Bait) Fishery Access Licence subject to conditions in this Division
204Restrictions on use and possession of commercial fishing equipment
Division 28—Activities authorised by Sydenham Inlet (Bait) Fishery Access Licence
205Activities authorised by a Sydenham Inlet (Bait) Fishery Access Licence
Division 29—Conditions of Sydenham Inlet (Bait) Fishery Access Licence
206Sydenham Inlet (Bait) Fishery Access Licence subject to conditions in this Division
207Restrictions on use and possession of commercial fishing equipment
Division 30—Activities authorised by Trawl (Inshore) Fishery Access Licence
208Activities authorised by a Trawl (Inshore) Fishery Access Licence
Division 31—Conditions of a Trawl (Inshore) Fishery Access Licence
209Trawl (Inshore) Fishery Access Licence subject to conditions in this Division
210Use and possession of trawl nets
211Catch limit for certain shark
212Catch limit for bug
213Minimum size for certain species of bug
214Catch limit for taking and possession of wrasse
215Catch limit for certain other fish
217Transfer of fish at sea prohibited
Division 32—Activities authorised by Western Port/Port Phillip Bay Fishery Access Licence
218Activities authorised by a Western Port/Port Phillip Bay Fishery Access Licence
Division 33—Conditions of Western Port/Port Phillip Bay Fishery Access Licence
219Western Port/Port Phillip Bay Fishery Access Licence subject to conditions in this Division
219ANotification of intention to take fish for sale
219BPrior reporting of details before entering port or mooring area
219CFish must be landed at a specified place
219DBoat not to enter port or mooring area and fish not to be landed before estimated time
219EBoat to enter port or mooring area and fish to be landed within one hour after estimated time
219FSecretary to confirm receipt of details to licence holder
219GRequirement to complete catch and effort record
219HCatch and effort record books to be on board boat and when transporting fish
219IRequirement to complete and keep catch disposal record
219JRequirements for keeping fisheries documents and copies relating to fish
219KAnnual catch limit and prohibitions on fishing when annual catch limit has been reached
219LTransfer to licence holder of fish taken by other persons prohibited in Victorian waters
220Use and possession of fishing lines in Western Port
221Catch limit for taking and possession of wrasse from Western Port
222Use and possession of fishing lines in Port Phillip Bay
223Use and possession of mesh nets in Port Phillip Bay
224Use and possession of purse seine net and lampara net in or on Port Phillip Bay
225Use and possession of seine net in or on Port Phillip Bay
226Use and possession of commercial hoop nets in or on Port Phillip Bay
227Restrictions on method of taking of mussels from Port Phillip Bay
228Restrictions on use of certain commercial fishing equipment in certain places in Port Phillip Bay
229Catch limit for taking and possession of wrasse in or on Port Phillip Bay
230Use and possession of bay fish traps in Port Phillip Bay
Division 34—Activities authorised by Wrasse (Ocean) Fishery Access Licence
232Activities authorised by a Wrasse (Ocean) Fishery Access Licence
Division 35—Conditions of Wrasse (Ocean) FisheryAccess Licence
233Wrasse (Ocean) Fishery Access Licence subject to conditions in this Division
234Use and possession of certain fishing lines
234AALicence holder must not lease licence
Part 8—Abalone
Division 1—Minimum sizes and closed seasons forabalone
234AApplication of Division
235Minimum sizes for abalone
236Method for measuring size of abalone
237Closed seasons for abalone
238Taking of abalone between sunset and sunrise prohibited
239Prohibition on taking of greenlip abalone from Port Phillip Bay
Division 2—Catch limits and other restrictions andprohibitions in relation to recreational abalonefishing
240Application of Division
241Catch limit for abalone
242Use of certain equipment for taking abalone prohibited
243Offences regarding shucked abalone
244Offence not to carry instrument to measure abalone
245Offence to remove abalone from its packaging
Division 3—Activities authorised by abalone fisheryaccess licences
246Activities authorised by an Abalone Fishery (Western Zone) Access Licence