Victorian Numbered Regulations

FISHERIES REGULATIONS 2009 (SR NO 2 OF 2009) - REG 118

    (1)     For the purposes of the Act, and subject to regulation 121, the minimum size for fish of a species specified in Column 2 of the Table at the foot of this subregulation, is the size specified in Column 3 of the Table corresponding to that species of fish.

Table

Column 1 Item	Column 2 Species of Fish	Column 3 Minimum size (centimetres)
1	Australian bass	27
2	Australian salmon	21
3	Bream (all species)	28
4	Bluethroat wrasse	27
5	Estuary perch	27
6	Flathead (all species)	27
7	Flounder (all species)	23
8	Freshwater catfish	30
9	Golden perch	30
10	King George whiting	27
11	Ling	30
12	Longfin pike and snook	30
13	Luderick	23
14	Morwong (all species)	23
15	Mulloway	60
16	Murray Cod	60
17	River blackfish	23
18	Shark (gummy and school)	45
19	Silver perch	30
20	Silver trevally	23
21	Snapper	28
22	Southern Rock cod	23
23	Spiny freshwater crayfish (other than Glenelg spiny freshwater crayfish)	9
24	Sweep (all species)	23
25	Tailor	23
26	Wrasse (all species other than bluethroat wrasse)	23
27	Yellowtail kingfish	60

Note

Some of the species of fish referred to in this Table may be listed under the     Flora and Fauna Guarantee Act 1988 . Under section 52 of that Act, it is an offence to take, trade in or keep fish of those species unless licensed under that Act or authorised to do so by an Order of the Governor in Council under that Act published in the Government Gazette.

    (2)     For the purposes of the Act, the minimum size with respect to—

        (a)     the taking of Macquarie perch from—

              (i)     Lake Dartmouth and all its tributaries; or

              (ii)     Yarra River and all its tributaries; or

              (iii)     Upper Coliban Reservoir and all its tributaries—

is 35 centimetres; and

        (b)     the possession of Macquarie perch in, on or next to any of the waters specified in paragraph (a), is 35 centimetres.

Note

The taking of Macquarie perch from waters other than those specified in this subregulation is prohibited under the Flora and Fauna Guarantee Act 1988 .

    (3)     Subregulations (1) and (2) do not apply to a person who takes or possesses fish of a species specified in subregulation (1) or (2) that is less than the minimum size for that species if—

        (a)     the person—

              (i)         is the holder of, or is acting on behalf of the holder of, an aquaculture licence authorising the hatching, rearing, breeding, growing or displaying of fish of that species; and

              (ii)     takes or possesses the fish in accordance with the licence, the Act and these Regulations; or

        (b)     the person—

              (i)     is the holder of, or is acting on behalf of the holder of, a general permit authorising the taking or possession of that species of fish of that size; and

              (ii)     takes or possesses the fish in accordance with the permit, the Act and these Regulations.

    (4)     Subregulations (1) and (2) do not apply to a person who possesses fish of a species specified in subregulation (1) or (2) that is less than the minimum size for that species and which the person received from a person referred to in subregulation (3).    

Note

There are offences in sections 68A and 68B of the Act relating to taking or possessing fish of a species that are less than the minimum size specified for that species of fish in these Regulations. Various penalties apply.