(1) For the purposes of the Act, the catch limit with respect to—
(a) the taking of abalone of the species of abalone specified in Column 2 of the Table at the foot of this subregulation from the waters specified in Column 3 of the Table corresponding to that species of abalone is the daily limit (if any) specified in Column 4 of the Table that corresponds to that species of abalone; or
(b) the possession of abalone of the species of abalone specified in Column 2 of the Table at the foot of this subregulation in, on or next to the waters specified in Column 3 of the Table corresponding to that species, is the limit specified in Column 4 of the Table that corresponds to that species of abalone.
Table
Column 1
|
Column 2
|
Column 3
|
Column 4 (number of abalone unless otherwise specified) |
1 |
Abalone, all species, forms and hybrids |
All Victorian waters other than Port Phillip Bay |
5 (of which no more than 2 fish may be greenlip abalone) |
2 |
Abalone, all species, forms and hybrids other than greenlip |
5 |
(2) For the purposes of the Act, the catch limit with respect to the possession of abalone anywhere in Victoria, other than in, on or next to Victorian waters, is 10 abalone (of which no more than 4 may be greenlip abalone).
(3) Subregulations (1) and (2) do not apply to a person who takes or possesses abalone of a species specified in subregulation (1) or (2) in a quantity in excess of the catch limit for that species of abalone 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 abalone of that species; and
(ii) takes or possesses the abalone 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 abalone in that quantity; and
(ii) takes or possesses the abalone in accordance with the permit, the Act and these Regulations.
(4) Subregulations (1) and (2) do not apply to a person who possesses abalone of a species specified in subregulation (1) or (2) in a quantity in excess of the catch limit for that species of abalone if the person—
(a) is the holder of, or is acting on behalf of the holder of, a Fish Receivers' (Abalone) Licence; and
(b) possesses the abalone in accordance with the licence, the Act and these Regulations.
(5) Subregulations (1) and (2) do not apply to a person acting in accordance with the Act and these Regulations, who possesses abalone of a species specified in subregulation (1) or (2) in a quantity in excess of the catch limit for that species of abalone if the person received the abalone from a person referred to in subregulation (3) and the abalone is—
(a) marked or labelled with an abalone label; and
(b) accompanied by an abalone receipt issued or created by the person referred to in subregulation (3) in respect of that abalone at the time of the sale or consignment of that abalone.
(6) Subregulations (1) and (2) do not apply to a person acting in accordance with the Act and these Regulations, who possesses a form of abalone of a species specified in subregulation (1) or (2) in a quantity in excess of the catch limit for that species of abalone if the abalone was received from anyone other than a person referred to in subregulation (3) and the abalone—
(a) was legally obtained and is—
(i) in a quantity not more than that specified in Column 1 of Table 1 in Schedule 11; and
(ii) accompanied by an abalone receipt in respect of that abalone, which was issued not more than 60 days previously by the supplier of the abalone; or
(b) was legally obtained and is—
(i) in a quantity more than that specified in Column 1 of Table 1 in Schedule 11; and
(ii) is accompanied by an abalone receipt in respect of that abalone, which was issued not more than 72 hours previously by the supplier of the abalone; or
(c) is in a quantity not more than that specified in Column 1 of Table 2 in Schedule 11 and is accompanied by the completed duplicate and triplicate copies of an abalone transfer certificate in respect of that abalone that was completed not more than 60 days previously by the supplier of the abalone; or
(d) is in a quantity more than that specified in Column 1 of Table 2 in Schedule 11 and is accompanied by the completed duplicate and triplicate copies of an abalone transfer certificate in respect of that abalone that was completed not more than 72 hours previously by the supplier of the abalone.
(7) Subregulations (1) and (2) do not apply to a person acting in accordance with the Act and these Regulations, who possesses abalone of a species specified in subregulation (1) or (2) in a quantity in excess of the catch limit for that species of abalone that was received for the purposes of transportation from the holder of an abalone fishery access licence who took the abalone under that licence in accordance with the licence, the Act and these Regulations and the abalone—
(a) is contained in bins that are each sealed with a bin lid in such a manner that the bin lid cannot be removed or abalone removed from, or added to, the bin while the bin lid and bin tag are still attached and without breaking the bin tag; or
(b) is accompanied by the duplicate and triplicate of an abalone docket in respect of that abalone on which Part B has been completed not more than 72 hours before the commencement of the transportation of the abalone.
Note
There are offences in sections 37, 68A and 68B of the Act relating to taking or possessing fish of a species in excess of the catch limit in these Regulations specified for that species of fish. Various penalties apply.