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Fisheries (Recreational Fishing) Regulations 2001

Legislation · Victoria · 2020
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 ═══════════════ ENDNOTES 18 -- 1 of 19 -- 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. -- 2 of 19 -- S.R. No. 78/2001 Fisheries (Recreational Fishing) Regulations 2001 2 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 r. 2 -- 3 of 19 -- S.R. No. 78/2001 Fisheries (Recreational Fishing) Regulations 2001 3 (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) r. 7 -- 4 of 19 -- S.R. No. 78/2001 Fisheries (Recreational Fishing) Regulations 2001 4 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 r. 7 -- 5 of 19 -- S.R. No. 78/2001 Fisheries (Recreational Fishing) Regulations 2001 5 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 r. 7 -- 6 of 19 -- S.R. No. 78/2001 Fisheries (Recreational Fishing) Regulations 2001 6 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.'. r. 7 -- 7 of 19 -- S.R. No. 78/2001 Fisheries (Recreational Fishing) Regulations 2001 7 (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 r. 7 -- 8 of 19 -- S.R. No. 78/2001 Fisheries (Recreational Fishing) Regulations 2001 8 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— r. 7 -- 9 of 19 -- S.R. No. 78/2001 Fisheries (Recreational Fishing) Regulations 2001 9 "(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— r. 8 -- 10 of 19 -- S.R. No. 78/2001 Fisheries (Recreational Fishing) Regulations 2001 10 "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 r. 9 r. 10 -- 11 of 19 -- S.R. No. 78/2001 Fisheries (Recreational Fishing) Regulations 2001 11 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— -- 12 of 19 -- S.R. No. 78/2001 Fisheries (Recreational Fishing) Regulations 2001 12 "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— r. 14 -- 13 of 19 -- S.R. No. 78/2001 Fisheries (Recreational Fishing) Regulations 2001 13 "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 r. 15 -- 14 of 19 -- S.R. No. 78/2001 Fisheries (Recreational Fishing) Regulations 2001 14 (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"; r. 16 -- 15 of 19 -- S.R. No. 78/2001 Fisheries (Recreational Fishing) Regulations 2001 15 (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)"; r. 17 -- 16 of 19 -- S.R. No. 78/2001 Fisheries (Recreational Fishing) Regulations 2001 16 (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) r. 17 -- 17 of 19 -- S.R. No. 78/2001 Fisheries (Recreational Fishing) Regulations 2001 17 Mitchell River (downstream of the Princes Highway Bridge at Bairnsdale) Tambo River (downstream of the Bruthen Road Bridge)". ═══════════════ r. 17 -- 18 of 19 -- S.R. No. 78/2001 Fisheries (Recreational Fishing) Regulations 2001 18 ENDNOTES 1 Reg. 3: S.R. No. 23/1998. Reprint No. 2 as at 22 May 2001. Endnotes -- 19 of 19 --