Fisheries (Recreational Fishing) Regulations 2001
i
Fisheries (Recreational Fishing) Regulations 2001
S.R. No. 78/2001
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1
2. Authorising provision 2
3. Principal Regulations 2
4. Commencement 2
5. Amendment to definitions 2
6. Minimum size of Mulloway 2
7. Amendments to catch limits 2
8. Closed season for salmonids 9
9. Use of yabby pots prohibited 10
10. Possession of yabby pots prohibited 10
11. Offence to land salmonids other than in the form of a carcass 11
12. Exemption to offence to use or possess certain equipment 11
13. New regulation 533A inserted 11
533A. Offence to use or possess a line and hook in certain
inland waters during the salmonid closed season 12
14. New regulation 535 substituted 12
535. Offence to fish or possess certain equipment in certain
inland waters 13
15. New regulation 544 inserted 13
544. Offence to remove roe from sea urchins 13
16. Amendments to use or possession of yabby pots 14
17. Amendments to Schedule 11 14
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1
STATUTORY RULES 2001
S.R. No. 78/2001
Fisheries Act 1995
Fisheries (Recreational Fishing) Regulations 2001
The Governor in Council makes the following Regulations:
Dated: 7 August 2001
Responsible Minister:
CANDY BROAD
Minister for Energy and Resources
HELEN DOYE
Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are—
(a) to impose new limits on the recreational
taking or possession of certain fish from the
whole or part of Victoria; and
(b) to make amendments in relation to the closed
season for salmonids; and
(c) to prohibit the use and possession of yabby
pots; and
(d) to prohibit the use or possession of a line and
hook in, on or next to certain inland waters
during the salmonid closed season; and
(e) to make other minor amendments to the
Fisheries Regulations 1998.
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2. Authorising provision
These Regulations are made under section 153 of
the Fisheries Act 1995.
3. Principal Regulations
In these Regulations, the Fisheries Regulations
1998 1 are called the Principal Regulations.
4. Commencement
These Regulations come into operation on
1 September 2001.
5. Amendment to definitions
(1) In regulation 105(2) of the Principal Regulations,
in the definition of "bait trap", for "20 centimetres
wide" substitute "23 centimetres wide".
(2) In regulation 105(2) of the Principal Regulations
insert—
' "daily bag limit" means the maximum number
or other specified quantity of fish or fishing
bait that may be taken by a person in 1 day;
"possession limit" means the maximum number
or other specified quantity of fish or fishing
bait that may be in the possession of a
person;'.
6. Minimum size of Mulloway
In the Table in regulation 501(1) of the Principal
Regulations, after the item relating to "Macquarie
perch" insert "Mulloway 50".
7. Amendments to catch limits
(1) In regulation 503(1) of the Principal
Regulations—
(a) for "daily catch limit" substitute "catch
limit"; and
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(b) for "bag limit" substitute "daily bag limit".
(2) For the Table in regulation 503(1) of the Principal
Regulations substitute—
"Table
Column 1
Fish
Column 2
Daily bag limit
(number of fish
unless otherwise
specified)
Column 3
Possession limit
(number of fish
unless otherwise
specified)
Abalone 10 (of which no
more than
2 fish may be
greenlip
abalone)
10 (of which no
more than
2 fish may be
greenlip
abalone)
Australian
bass 2 2
Australian
salmon and
Tommy ruff 20 20
Boarfish
(all species) 1 1
Bream
(all species) 10 10
Butterfish
(dusky
morwong) 5 5
Crabs (all
species other
than sand
crabs and red
shore crabs)
5 litres (or, if
parts or
crushed, 1 litre)
5 litres (or, if
parts or
crushed, 1 litre)
Eel
(all species) 10 10
Elephant fish 3 3
Estuary perch
(and
Australian
bass)
10 (of which no
more than
2 fish may be
Australian
bass)
10 (of which no
more than
2 fish may be
Australian
bass)
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Column 1
Fish
Column 2
Daily bag limit
(number of fish
unless otherwise
specified)
Column 3
Possession limit
(number of fish
unless otherwise
specified)
Flathead
(all species)
30 (of which no
more than
2 fish may be
equal to or
exceed
60 centimetres
in length)
30 (of which no
more than
2 fish may be
equal to or
exceed
60 centimetres
in length)
Flounder
(all species) 20 20
Garfish
(all species) 40 40
Greenlip
abalone 2 2
King George
whiting 20 20
Luderick
(blackfish) 10 10
Macquarie
perch 10 10
Molluscs (all
species other
than abalone,
mussels,
scallops and
cephalopods)
5 litres (or, if
shucked, 1 litre)
5 litres (or, if
shucked, 1 litre)
Mullet
(all species) 40 40
Mulloway 10 10
Murray Cod 2 2
Mussels 10 litres (or, if
shucked,
1 litre)
10 litres (or, if
shucked,
1 litre)
Rock lobster 2 4
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Column 1
Fish
Column 2
Daily bag limit
(number of fish
unless otherwise
specified)
Column 3
Possession limit
(number of fish
unless otherwise
specified)
Sand crabs
and red shore
crabs 30 30
Sand worms
and other
marine worms
(all species) 1 litre 1 litre
Scale fish (all
species other
than bait
species and
noxious
species) 40 40
Scallop 100 100
Seahorses,
seadragons
and pipefish 0 (protected) 0 (protected)
Sea urchin
(all species) 20 20
Shark (all
species other
than gummy,
school,
elephant fish
and great
white) 1 per species 1 per species
Shark
(great white) 0 (protected) 0 (protected)
Shark (school
and gummy) 2 2
Silver trevally 20 20
Skates and
rays
(all species) 5 5
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Column 1
Fish
Column 2
Daily bag limit
(number of fish
unless otherwise
specified)
Column 3
Possession limit
(number of fish
unless otherwise
specified)
Snapper 10 (of which no
more than
3 fish may be
equal to or
exceed
50 centimetres
in length)
10 (of which no
more than
3 fish may be
equal to or
exceed
50 centimetres
in length)
Squid
(including
calamari),
octopus and
cuttlefish
(all species) 10 10
Warehou
(haddock)
(all species) 20 20
Wrasse
(all species) 5 5
Yabby
(freshwater)
20 litres (or, if
tailed, 5 litres)
20 litres (or, if
tailed, 5 litres)
Yellowtail
kingfish 5 5".
(3) Before regulation 503(2) of the Principal
Regulations insert—
'(1A) For the purposes of the Table in
sub-regulation (1)—
"bait species" means anchovy, garfish,
gudgeon, blue mackerel, jack mackerel,
yellowtail scad, minnow, mullet,
pilchard and sprat.'.
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(4) For regulation 503(3) of the Principal Regulations
substitute—
"(3) For the purposes of the Act, the catch limit
with respect to the taking from, or possession
in, on or next to the waters specified in
column 2 of the Table below, of the fish
specified in column 1 of the Table, is the
daily bag limit specified in column 3 of the
Table and the possession limit specified in
column 4 of the Table opposite that fish.
Table
Column 1
Fish
Column 2
Waters taken
from
Column 3
Daily bag
limit (number
of fish unless
otherwise
specified)
Column 4
Possession
limit (number
of fish unless
otherwise
specified)
Blackfish
(River
blackfish)
Waters south
of the Great
Dividing
Range 5 5
Salmonids
(brown
trout,
rainbow
trout,
Atlantic
trout and
chinook
salmon)
(a) All
Victorian
lakes and
reservoirs
other than
those
specified in
Parts A and
B of
Schedule 11
A total of
10 salmonids
A total of
10 salmonids
(b) Inland
waters
specified in
Part A of
Schedule 11
A total of
10 salmonids
of which no
more than 5
may be less
than 30
centimetres in
length
A total of
10 salmonids
of which no
more than 5
may be less
than 30
centimetres in
length
Column 1 Column 2 Column 3 Column 4
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Fish
Waters taken
from
Daily bag
limit (number
of fish unless
otherwise
specified)
Possession
limit (number
of fish unless
otherwise
specified)
(c) Inland
waters
specified in
Part B of
Schedule 11
A total of
5 salmonids
A total of
5 salmonids
(d) All
Victorian
rivers and
streams
A total of
5 salmonids of
which no
more than 2
may be more
than 35
centimetres in
length
A total of
5 salmonids of
which no
more than 2
may be more
than 35
centimetres in
length
Spiny
freshwater
crayfish
(a) Glenelg
River
system and
all its
tributaries
5 (of which no
more than
1 fish may be
equal to or
exceed 11
centimetres
carapace
length)
5 (of which no
more than
1 fish may be
equal to or
exceed 11
centimetres
carapace
length)
(b) Victorian
waters
other than
the Glenelg
River
system and
all its
tributaries
5 (of which no
more than
1 fish may be
equal to or
exceed 12
centimetres
carapace
length)
5 (of which no
more than
1 fish may be
equal to or
exceed 12
centimetres
carapace
length)
(3A) For the purposes of the catch limits specified
in the Table in sub-regulation (3), the
boundary between a lake or reservoir and a
river or stream flowing into the lake or
reservoir is the point at which the flowing
water of the river or stream meets the backed
up waters of the lake or reservoir, regardless
of the water level of the lake or reservoir.".
(5) After regulation 503(8) of the Principal
Regulations insert—
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"(9) Despite sub-regulation (1), a person must not
be in or on a vehicle in or on which there
are—
(a) 2 or more other people; and
(b) more than 15 litres (or 3 litres, if
shucked) of molluscs (other than
abalone, mussels, scallops or
cephalopods).
(10) Sub-regulation (9) does not apply to—
(a) the holder of an access licence or a
person acting under that licence; or
(b) a person acting in accordance with an
authority of the Secretary under
regulation 505; or
(c) a person who obtains molluscs (other
than abalone, mussels, scallops or
cephalopods) from the holder of an
access licence or other legal
commercial source.
(11) A reference to a car, boat or vehicle in this
regulation includes a reference to anything
attached to, or towed by, the car, boat or
vehicle.".
8. Closed season for salmonids
(1) In the Table in regulation 506(1) of the Principal
Regulations—
(a) omit the item relating to "Brown trout
Chinook salmon Rainbow trout"; and
(b) after the item relating to "Rock lobster
(male)" insert—
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"Salmonids
(brown trout,
rainbow trout,
Atlantic
salmon,
chinook
salmon)
All inland
waters except
the inland
waters
specified in
Part C of
Schedule 11,
lakes and
reservoirs
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 each
year".
(2) In regulation 506(3) of the Principal Regulations,
for "brown trout, chinook salmon and rainbow
trout" (where twice occurring) substitute
"salmonids (brown trout, rainbow trout, Atlantic
salmon and chinook salmon)".
(3) After regulation 506(3) of the Principal
Regulations insert—
"(3A) For the purposes of the salmonid closed
season specified in the Table in sub-
regulation (1), the boundary between a lake
or reservoir and a river or stream flowing
into the lake or reservoir is the point at
which the flowing water of the river or
stream meets the backed up waters of the
lake or reservoir, regardless of the water
level of the lake or reservoir.".
9. Use of yabby pots prohibited
After regulation 507(1)(t) of the Principal
Regulations insert—
"; and
(u) a yabby pot in inland waters.".
10. Possession of yabby pots prohibited
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After regulation 508(1)(c) of the Principal
Regulations insert—
"; and
(d) a yabby pot in, on or next to inland
waters.".
11. Offence to land salmonids other than in the form of a
carcass
(1) In regulation 520(2) of the Principal Regulations,
omit "salmonids (Brown trout, Rainbow trout and
Chinook salmon),".
(2) After regulation 520(2) of the Principal
Regulations insert—
"(3) A person must not in, on or next to inland
waters, possess any salmonids (brown trout,
rainbow trout, Atlantic salmon and chinook
salmon) in any form other than in the form of
a carcass.
Penalty: 20 penalty units.".
12. Exemption to offence to use or possess certain
equipment
In regulation 533(2) of the Principal Regulations
for "Sub-regulation (1)(b) does not apply to a
person who uses a light in conjunction with a
hand-held spear" substitute "Sub-regulation (1)
does not apply to a person".
13. New regulation 533A inserted
After regulation 533 of the Principal Regulations,
insert—
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"533A. Offence to use or possess a line and hook in
certain inland waters during the salmonid
closed season
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 each year, a person
must not use or possess a line and hook—
(a) in or on—
(i) 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; and
(ii) the Mitta Mitta River and its
tributaries upstream of Peters
Bridge (Tallandoon) to the
Dartmouth Pondage; and
(iii) the Kiewa River and its tributaries
upstream of Keegan's Bridge (near
Dederang); and
(iv) the Tanjil River and its tributaries
upstream of its junction with the
Latrobe River, to the Blue Rock
Dam; and
(b) within 20 metres inland of the banks of
the waters referred to in paragraph (a).
Penalty: 20 penalty units.".
14. New regulation 535 substituted
For regulation 535 of the Principal Regulations
substitute—
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"535. Offence to fish or possess certain
equipment in certain inland waters
A person must not fish or possess
recreational fishing equipment—
(a) in or on—
(i) the Goulburn River from the walk
way over the Eildon Pondage
Weir water release gates to the
fishing boundary posts situated
200 metres downstream; and
(ii) Ryan's Creek and Loombah Weir
between the retaining wall of
Loombah Weir and the retaining
wall of McCallsay Weir; and
(iii) 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;
and
(b) within 20 metres inland of the banks of
the waters referred to in paragraph (a).
Penalty: 20 penalty units.".
15. New regulation 544 inserted
After regulation 543 of the Principal Regulations
insert—
"544. Offence to remove roe from sea urchins
(1) A person must not in, on or next to Victorian
waters—
(a) remove roe or any other soft tissues
from the shell of sea urchins; or
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(b) be in possession of roe or any other soft
tissues which have been removed from
the shell of sea urchins.
Penalty: 20 penalty units.
(2) Sub-regulation (1) does not apply to the
holder of a general permit issued by the
Secretary under section 49 of the Act.".
16. Amendments to use or possession of yabby pots
(1) Regulation 632 of the Principal Regulations is
revoked.
(2) For regulation 633(2) of the Principal Regulations
substitute—
"(2) Despite anything to the contrary in Part 4 of
the Act, a person may possess 3 yabby pots
in any area of Victoria other than in, on or
next to any inland waters.".
17. Amendments to Schedule 11
(1) In the heading to Schedule 11 to the Principal
Regulations, for "TROUT WATERS" substitute
"SALMONID WATERS".
(2) In Part A of Schedule 11 to the Principal
Regulations—
(a) for "Barwon River" substitute "Barkers
Creek Reservoir";
(b) after "Beaufort Lake" insert "Berwick
Springs Estate Lake";
(c) omit "Campaspe River (upstream of Lake
Eppalock)";
(d) omit "Hanging Rock Lake";
(e) omit "Harcourt Reservoir";
(f) omit "Hollands Creek";
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(g) omit "Hopkins River";
(h) omit "King River (downstream of Lake
William Hovell)";
(i) after "Konongwootong Reservoir" insert
"Lake Banimboola";
(j) after "Lake Batyo Catyo" insert—
"Lake Bolac
Lake Bullen Merri";
(k) after "Lake Cartcarrong" insert—
"Lake Colongulac
Lake Eildon";
(l) omit "Lang Lang River";
(m) omit "Macalister River";
(n) omit "Merri River";
(o) omit "Mt. Emu Creek";
(p) omit "Rainbow Creek";
(q) omit "Ryans Creek";
(r) omit "Tarwin River (East Branch)";
(s) after "Toolondo Reservoir" insert
"Tullaroop Reservoir";
(t) after "Wombat Reservoir" insert "Wurdi
Boluc Reservoir".
(3) In Part B of Schedule 11 to the Principal
Regulations—
(a) before "Alexandra Lake (Ararat)" insert
"Albert Park Lake (Albert Park)";
(b) after "Caulfield Racecourse Lake
(Caulfield)" insert "Charlies Dam
(Bairnsdale)";
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(c) after "Guyatt Lake (Sale)" insert "Hanging
Rock Lake (Hanging Rock)";
(d) after "Kennington Reservoir (Bendigo)"
insert "King Lake (Rutherglen)";
(e) after "Lake Glenrowan (Hamilton Park
Estate)" insert "Lake Gutheridge (Sale)";
(f) after "Police Paddock Dam (Horsham)"
insert "Rable Park (Murtoa)";
(g) after "Rawson Dam (Rawson)" insert
"Rotary Park (Bendigo)";
(h) after "St Georges Lake (Creswick)" insert
"Sambell Lake (Beechworth)";
(i) after "Tea Tree Lake (Mortlake)" insert—
"Tom Thumb Lake (Eaglehawk)
Trudy's Dam (Bairnsdale)
Victoria Lake (Ballarat)";
(j) after "Weeroona Lake (Bendigo)" insert
"Whittlesea Botanical Gardens Lake
(Whittlesea)".
(4) For Part C of Schedule 11 to the Principal
Regulations substitute—
"PART C
Inland waters for the purposes of the Table in regulation
506(1)
Aire River (downstream of the Great Ocean Road)
Avon River (downstream of the Stratford Railway Bridge)
Ford River (downstream of the Great Ocean Road)
Gellibrand River (downstream of the Great Ocean Road)
Merri River (downstream of the Dennington Railway Bridge)
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Mitchell River (downstream of the Princes Highway Bridge
at Bairnsdale)
Tambo River (downstream of the Bruthen Road Bridge)".
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ENDNOTES
1 Reg. 3: S.R. No. 23/1998. Reprint No. 2 as at 22 May 2001.
Endnotes
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