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