Victorian Numbered Regulations Victorian Numbered RegulationsIn these Regulations—
"abalone confirmation number" means the number provided by the Secretary ¾
(a) to the holder of an abalone fishery access licence under regulation 304(1) or 304(3); or
(b) to the holder of a Fish Receivers' (Abalone) Licence under regulation 306(1) or 306(3); or
(c) under regulation 627(2) or 627AA(2) of the old regulations;
"abalone docket" means—
(a) an individually numbered docket in the form approved by the Secretary that is used to record information about abalone taken under an abalone fishery access licence as required under Part 8; or
(b) an abalone docket within the meaning of regulation 105(1) of the old regulations;
"abalone docket book" means a book containing abalone dockets issued by the Secretary to the holder of an abalone fishery access licence;
"abalone fishery access licence" means any one of the following classes of access licence—
(a) Abalone Fishery (Western Zone) Access Licence;
(b) Abalone Fishery (Central Zone) Access Licence;
(c) Abalone Fishery (Eastern Zone) Access Licence;
"abalone internet notification service" means the internet-based contact service through which specified abalone details and stock records may be notified by the holder of a Fish Receivers' (Abalone) Licence to the Secretary;
"abalone label" means the marking or labelling of the packaging of abalone—
(a) by the holder of a Fish Receivers' (Abalone) Licence in accordance with regulation 276; or
(b) in accordance with regulation 301; or
(c) by the holder of an Aquaculture (Crown Land—Abalone) Licence or an Aquaculture (On-shore Abalone) Licence in accordance with regulation 444;
"abalone receipt" means any of the following documents issued or created in respect of the sale or consignment of abalone—
(a) a receipt issued by the holder of a Fish Receivers' (Abalone) Licence in accordance with regulation 294(1)(a); or
(b) a document created in accordance with regulation 307; or
(c) a receipt issued by the holder of an Aquaculture (Crown Land—Abalone) Licence or an Aquaculture (On-shore Abalone) Licence in accordance with regulation 443;
"abalone telephone notification service" means the interactive voice response telephone service and number through which specified abalone details may be notified by the holder of an abalone fishery access licence or a Fish Receivers' (Abalone) Licence to the Secretary and includes the automated response system which captures the information provided;
"abalone tool" means a blunt lever with rounded ends and does not include a screwdriver or a knife;
"abalone transfer certificate" means—
(a)an individually numbered certificate in the form approved by the Secretary that is used to record information about abalone received or sold under a Fish Receivers' (Abalone) Licence as required under Part 8; or
(b) an abalone transfer certificate within the meaning of paragraph (a) of the definition of abalone transfer certificate in regulation 105(1) of the old regulations;
"abalone transfer certificate book" means a book containing abalone transfer certificates issued by the Secretary to the holder of a Fish Receivers' (Abalone) Licence;
"abalone zone" means any of the following abalone zones—
(a) the central abalone zone;
(b) the eastern abalone zone;
(c) the western abalone zone;
"Anderson Inlet" means the total area of the inlet bounded by a straight line running between the mean high water marks on the seaward extremities of each side of the Anderson Inlet entrance;
"animal" means any animal except a human or fish, whether vertebrate or invertebrate, in any stage of biological development and whether alive or dead;
"approved AQIS number" means the registered establishment number issued to a holder of a Fish Receivers' (Abalone) Licence under the Export Control Act 1982 of the Commonwealth by AQIS;
"AQIS" has the same meaning as it has in the Customs Act 1901 of the Commonwealth;
"aquaculture incoming stock record "means the record required to be kept and maintained by the holder of an aquaculture licence under regulation 440;
"aquaculture production return" means a return in the form approved by the Secretary that is used by an aquaculture licence holder to record information about activities carried out under an aquaculture licence as required under Part 12 and which includes the information set out in Schedule 2;
"bait jig" means a continuous series of no more than 6 unbaited lures with hooks that are less than 2 centimetres in length and less than 3 metres in total length that is attached to a fishing line;
"bait pump" means a hand operated suction pump with a barrel diameter not exceeding 8·5 centimetres;
"bait trap" means a net or trap not exceeding 50 centimetres long, 25 centimetres high and 25 centimetres wide with funnel entrances with an inside diameter not exceeding 5 centimetres;
bay fish trap means a net or trap that is no more than 2 metres in length, 1 metre high and 1·5 metres wide and has no more than one entrance;
"bin insert" means any type of non-absorbent material used as a protective layer for the purposes of packaging live abalone;
"bin tag" means—
(a) an individually numbered tag in the form issued by the Secretary to the holder of an abalone fishery access licence that is used to seal bins of abalone as required under Part 8; or
(b) a bin tag within the meaning of paragraph (a) of the definition of "bin tag" in regulation 105(2) of the old regulations;
"book of account "includes ledger, day book, cash book, account book, and any other document used in the ordinary business of a bank, or in the ordinary course of any other business for recording the financial transactions of the business and also includes any document used in the ordinary course of any business to record goods produced in, or stock in trade held for, the business;
"boundary post" means any post or sign which bears the words "netting boundary" or "fishing boundary";
"bug" means a marine animal of the family Scyllaridae, commonly known as bug or shovelnose lobster;
"carcass" means—
(a) in relation to shark or elephantfish, the body of a shark or elephantfish which is not cut or mutilated in any manner other than to remove the gut and head forward and clear of the posterior gill slit; and
(b) in relation to scale fish, the body of a fish which is not cut or mutilated in any manner other than to remove the gut or gills or scale the fish; and
(c) in relation to spiny freshwater crayfish, the body of a crayfish which—
(i) is not cut in any way other than to remove one or more legs or claws; or
(ii) is not mutilated in any way other than the absence of one or more legs or claws;
catch and effort record means a record in the form approved by the Secretary that is used to record information about fish taken—
(a) under an access licence (other than an abalone fishery access licence, a rock lobster fishery access licence, a Giant Crab Fishery (Western Zone) Access Licence or a Scallop (Ocean) Fishery Access Licence) as required under Parts 2 and 7 of these Regulations; or
(b) under a permit, as required by a condition to which that permit is subject;
"catch and effort record book" means the book containing catch and effort records issued by the Secretary to the holder of—
(a) an access licence (other than an abalone fishery access licence, a rock lobster fishery access licence, a Giant Crab Fishery (Western Zone) Access Licence or a Scallop (Ocean) Fishery Access Licence); or
(b) a permit;
"central abalone zone" means all Victorian waters between longitude 142° 31' East and longitude 148° East;
"central Victorian waters" means the marine waters between longitude 143°
27' 36" East (mouth of the Aire River) and 145° 53' 35" East,
38°
50' 19" South (north-western part of Arch Rock) where the eastern boundary is
a line running due west from the most north-western part of Arch Rock to the
seaward limit of State waters;
"coff "means any thing used to hold or keep fish alive in or on Victorian waters except, in relation to rock lobster, where that thing is part of or attached to a boat;
"commercial abalone reef code "means the code relating to an area of Victorian waters notified by the Secretary to the holder of an abalone fishery access licence in an abalone docket book;
"commercial fishery licence" means any of the following licences—
(a) an access licence;
(b) a fish receivers' licence;
(c) an aquaculture licence;
"commercial hoop net" means a cylindrical net open at the top, consisting of not more than 2 hoops, but does not include a recreational hoop net;
"consolidate "in relation to an access licence, means the issuing of one access licence in respect of a fishery in the place of 2 access licences that were previously issued in respect of the same fishery;
"Corner Inlet" means the total area of all the bays, inlets and entrances bounded by a line running south-westerly from the mean high water mark on the south-western end of the Ninety Mile Beach (McLoughlins Entrance) which follows the mean high water mark along the outer or seaward shoreline of the Nooramunga Islands that enclose Shoal or Shallow Inlet, crossing the entrances at McLoughlins Beach, Manns Beach, Kate Kearney Entrance and Port Albert with a straight line between the mean high water marks on the seaward extremities on each side of each entrance, continuing along the mean high water mark on the outer or seaward shoreline of Snake Island to the navigation light on Bentley Point then in a straight line to the mean high water mark on the most northern point of Entrance Point on Wilson's Promontory;
"crab pot" means a device with a capacity not exceeding 1 m 3 with no more than one entrance;
"crab trap" means a bait trap;
"Cunninghame Arm" means all of the waters of that arm in the Gippsland Lakes, east of a line running from the south-west point of Bullock Island south-easterly to the rock wall opposite, including the waters of that arm between Bullock Island and the mainland to the ocean side of the bridge between Bullock Island and the mainland;
"Danish seine net" means any net designed or used to surround fish that is drawn through the water to close the towing ropes and the ends of the net using a vessel under propulsion, but does not include a trawl net, purse seine net or lampara net;
"dip net" means a hand-held net not exceeding 90 centimetres wide or deep and attached to a handle;
eastern abalone zone means all Victorian waters east of longitude 148° East;
"eastern rock lobster zone" means all Victorian marine waters east of longitude 143° 40' East but does not include Port Phillip Bay, Western Port, the Gippsland Lakes or any inlet of the sea;
"firearm" has the same meaning as in the Firearms Act 1996 ;
fish trap means any basket, box, net, trap, cage or any other thing that is designed or used to take fish by enticing or allowing fish to enter an enclosure, but does not include a rock lobster pot, bay fish trap, fyke net, stake net, recreational hoop net or commercial hoop net;
"fisheries document" means—
(a) an abalone docket, abalone docket book, abalone transfer certificate, abalone transfer certificate book, aquaculture incoming stock record, aquaculture production return, bin tag, book of account, catch and effort record, catch and effort record book, coff register book, giant crab catch disposal record, giant crab catch disposal record book, giant crab daily catch record, giant crab daily catch record book, ocean scallop catch disposal record, ocean scallop catch disposal record book, ocean scallop logbook, rock lobster catch disposal record, rock lobster catch disposal record book, rock lobster coff register, rock lobster daily catch record, rock lobster daily catch record book, scallop receivers return logbook, small sales return, small sales return book, stock record; and
(b) any other document required to be completed, kept or maintained under the Act or the regulations under the Act; and
(c) any other document issued by the Secretary under the Act or the regulations under the Act—
but does not include a copy of any document referred to in paragraph (a), (b) or (c);
"fishing dredge "means any net or cage attached to a rigid framed device or other thing that is designed for use, or is capable of being used for, or in connection with, the taking of molluscs other than scallop, but does not include a scallop dredge, shrimp dredge or hand-held dip net;
"fyke net" means a collapsible, conical net with—
(a) meshes measuring no less than 1·5 centimetres and not exceeding 3·9 centimetres; and
(b) 2 or more internal compartments; and
(c) no more than 1 entrance; and
(d) a maximum of 3 leaders or wings attached with each leader or wing being no longer than 46 metres and being made of meshes not exceeding 3·2 centimetres; and
(e) the frame at the mouth of the net not exceeding 67 centimetres in height;
gaff means a barbless hook used in connection with landing a fish controlled by a line;
"general permit" means a general permit issued under section 49 of the Act;
"giant crab catch disposal record" means—
(a) an individually numbered record in the form approved by the Secretary that is used to record information in relation to the movement of giant crab from the place of giant crab landing by the holder of a Giant Crab Fishery (Western Zone) Access Licence as required under Part 10 of these Regulations; or
(b) a catch disposal record for giant crab within the meaning of regulation 105(2) of the old regulations;
"giant crab catch disposal record book" means a book containing giant crab catch disposal records issued by the Secretary to the holder of a Giant Crab Fishery (Western Zone) Access Licence;
"giant crab confirmation number" means the number provided by the Secretary to the holder of a Giant Crab Fishery (Western Zone) Access Licence—
(a)under regulation 401(1) or 401(3); or
(b) under regulation 627B(2) of the old regulations;
"giant crab daily catch record" means—
(a) an individually numbered record in the form approved by the Secretary that is used by the holder of a Giant Crab Fishery (Western Zone) Access Licence to record information about giant crab taken under that licence as required under Part 10 of these Regulations; or
(b) a giant crab daily catch record within the meaning of regulation 105(2) of the old regulations;
"giant crab daily catch record book" means a book containing giant crab daily catch records issued by the Secretary to the holder of a Giant Crab Fishery (Western Zone) Access Licence;
"giant crab notification service" means the interactive voice response telephone service and number through which specified giant crab details may be notified by the holder of a Giant Crab Fishery (Western Zone) Access Licence to the Secretary and includes the automated response system which captures the information provided;
"Gippsland Lakes" means the total area of all waters bounded by a line commencing at the outer end of the western pier at the entrance wall at the entrance to the Gippsland Lakes, continuing in a north-westerly direction to the inner end of that pier then following the shoreline along the mean high water mark of such waters in a generally clockwise direction to the inner end of the eastern pier at the entrance wall at the entrance to the Gippsland Lakes, then following that wall to its outer end, then in a generally westerly direction to the commencement of that line, but does not include the waters east of Eastern Beach Road or any river, creek or stream flowing into the Gippsland Lakes (except Chinaman's Creek and Boxes Creek which flow into and form part of Bancroft Bay);
"hand-held spear "means a spear without barbs that has no more than 2 prongs and that is held in the hand;
"holder of a registered financial interest" means a person who has registered details of his or her financial interest in an access licence under section 59 of the Act;
"hook" includes—
(a) a lure or jig; or
(b) a double or treble hook; or
(c) not more than 4 hooks arranged in a gang; or
(d) a keeper hook;
"identifying mark" means the combination of letters and numerals that are specified in the registration certificate for a boat as that boat's identifying mark;
intertidal zone means the area of Victoria commencing at the maximum high water mark and continuing to a point where the water is 2 metres deep at that time;
"keeper hook" means an assembly of 2 hooks arranged to secure one bait in one position at the end of a line and the assembly has—
(a) one hook attached to the end of a line; and
(b) one hook that is capable of sliding down the same line and touching the attached hook when unbaited;
"Lake Hume "means all waters and land, whether the lake is at full supply level or not, in—
(a) the Murray River arm of the lake, from the weir wall upstream to the point where Seven Mile Creek enters the Murray River on the northern bank of the Murray River; and
(b) the Mitta Mitta River arm of the lake, from the weir wall upstream to the Murray Valley Highway Bridge situated east of Tallangatta;
"Lake Mulwala" means all waters and land, whether the lake is at full supply level or not, from the Yarrawonga Weir upstream to the point where the Ovens River enters the Murray River marked by the Bundalong boat ramp;
"lampara net" means a positively buoyant surface net designed or used to surround fish that has a lead line shorter than the float line and is drawn through the water by a vessel under propulsion to close the ends of the net;
"landed" means the place where fish—
(a) are taken ashore; or
(b) make contact with any man-made fixed structure, including a pier, jetty, or wharf; or
(c) make contact with any artificial extension of land;
"landing net" means a hand-held net not exceeding 90 centimetres wide or 90 centimetres deep that is attached to a handle and is used to land a fish that is controlled with a fishing line;
"legally obtained "in relation to any fish that is received and subsequently possessed by a person, means fish, that before such receipt by the person, had been taken, possessed, or sold (including the packaging and labelling of the fish and documentation accompanying the fish) in accordance with—
(a) the Act or these Regulations; or
(b) the laws of any place other than in Victoria in which the fish was taken, possessed or sold;
licence operator in relation to an access licence means a person whose name is specified in an access licence of a class specified in regulation 18 as a person permitted to carry out fishing activities authorised by the licence;
"longline" means a line to which is attached more than 8 hooks;
longline team fishing operation means a longline fishing activity carried out jointly by 2 or 3 holders or licence operators of a Western Port/Port Phillip Bay Access Licence from the same boat;
"Mallacoota airport area" means the area of marine waters enclosed by a line running from the trig. point on Little Rame Head through Little Rame Rock to the point 37° 41.203' South, 149° 41.430' East then to the point 37° 33.848' South, 149° 54.325' East on the shore in front of the pumphouse on Gabo Island then running around the shore of Gabo Harbour to Telegraph Point then in a straight line north to the shore of the mainland;
"marine national park" has the same meaning as in the National Parks Act 1975 ;
"marine sanctuary" has the same meaning as in the National Parks Act 1975 ;
"McLennan Straits" includes all of the waters of that strait between a line at the eastern entrance to that strait, running from the extreme outward point of either bank or side to the opposite extreme outward point where that strait joins Lake Victoria and a line running north-east from the northernmost point of the western bank at the western entrance of that strait to a point on the opposite bank;
"mesh net" means any net that is designed or used to mesh or gill fish and includes a gill net or set net, but does not include a trammel net or a stake net;
mouth in relation to any water flowing permanently or intermittently into the sea or into any lake, bay or inlet connected with the sea, or into any other lake, means an imaginary line running between the extreme seaward or outward point of either bank or side, to the opposite extreme seaward or outward point except—
(a) in the case of the Barwon River, means an imaginary line across the downstream side of the Barwon Heads–Ocean Grove Bridge;
(b) in the case of Boggy Creek at Lake Tyers, means an imaginary line running generally south from the extreme seaward point of the limits of Ironstone Creek to the opposite bank of Boggy Creek;
(c) in the case of the Curdies River, means an imaginary line across the downstream side of the Great Ocean Road bridge at Peterborough;
(d) in the case of the Ironstone Creek at Lake Tyers, means an imaginary line running from the extreme seaward or outward point of one bank to the opposite extreme seaward or outward point of the opposite bank where it joins Boggy Creek;
(e) in the case of the Merri River, means an imaginary line across the downstream side of the footbridge over that river between the viaduct leading to the breakwater and Pickering Point;
(f) in the case of Stony Creek at Lake Tyers, means an imaginary line across the downstream side of the Princes Highway bridge;
(g) in the case of the Yarra River, means an imaginary line across the downstream side of the West Gate Bridge;
"mussel rake" means a rake with a rake head not exceeding 50 centimetres in width and a single row of teeth attached with the teeth not exceeding 10 centimetres in length;
"net weight", in relation to abalone, means—
(a) in respect of whole unshucked abalone, the weight of the whole abalone including the viscera, shell and any marine growth attached to the shell; and
(b) in respect of shucked abalone, other than abalone in cans, the weight of the abalone meat not including any brine or other fluid; and
(c) in respect of abalone in cans, the drained weight of the abalone meat in the can;
"North Arm" means all the waters of that arm east of a line running between the south-west side of the ends of the 2 rocky walls at the entrance of the arm, including the waters of the arm between Bullock Island and the mainland up to the south-western side of the bridge between Bullock Island and the mainland;
"noxious aquatic species permit "means a permit issued under section 81 of the Act;
"ocean scallop catch disposal record "means an individually numbered record in the form approved by the Secretary that is used to record information about the disposal of scallop;
"ocean scallop catch disposal record book "means a book containing ocean scallop catch disposal records issued by the Secretary to the holder of a Scallop (Ocean) Fishery Access Licence;
"ocean scallop logbook "means a book issued by the Secretary to the holder of a Scallop (Ocean) Fishery Access Licence that contains records in the form approved by the Secretary that is used to record information about scallop taken under a Scallop (Ocean) Fishery Access Licence;
"octopus trap" means an unbaited container of any description designed for, or capable of, catching octopus;
"old regulations" means the Fisheries Regulations 1998 [1] ;
"place of landing" means—
(a) for the purposes of rock lobster and giant crab fishing, the place nearest to which the rock lobster or giant crab is landed where the access licence holder can reasonably comply with the licence conditions;
(b) for the purposes of abalone fishing, a place (other than a boat) where abalone is unloaded or disembarked that is—
(i) specified in Schedule 3 and is adjacent to Victorian waters; or
(ii) authorised by the Secretary;
"Port Phillip Bay" means all the waters within the bays lying north of a line from the most seaward point of Point Lonsdale to the most seaward point of Point Nepean and includes the waters of Hobson's Bay and Corio Bay, but not the waters of Swan Bay;
"product description" in relation to abalone, means whether the abalone is unshucked or processed and, if processed, the exact form of the abalone product;
protected aquatic biota permit means a permit issued under section 72 of the Act;
"purse seine net" means a positively buoyant surface net designed or used to surround fish that is closed by the tightening of the lead line;
"quota unit balance "in relation to a rock lobster fishery access licence or a Giant Crab Fishery (Western Zone) Access Licence, means the number of individual quota units allocated to that licence in respect of which the amount of fish permitted to be taken has not been exhausted during a specified quota period;
"recreational bait net" means a net not exceeding 6 metres in length designed, or capable of being used, for the purpose of taking fish by being drawn through the water, with hauling lines attached to each end not exceeding 6 metres in length, but does not include a cast net;
"recreational hoop net" means a cylindrical net open at the top, consisting of not more than 2 hoops not exceeding 77 centimetres in diameter with a maximum drop of 50 centimetres;
"registered "in relation to a boat, means registered under Part 5;
"rock lobster catch disposal record" means—
(a) an individually numbered record in the form approved by the Secretary that is used to record information in relation to the movement of rock lobster from its place of landing by the holder of a rock lobster fishery access licence as required under Part 9; or
(b) a catch disposal record for rock lobster within the meaning of regulation 105(2) of the old regulations;
"rock lobster catch disposal record book" means a book containing rock lobster catch disposal records issued by the Secretary to the holder of a rock lobster fishery access licence;
"rock lobster coff register" means—
(a) an individually numbered record in the form approved by the Secretary that is used to record information about the movement of rock lobster in and out of a coff; or
(b) a coff register within the meaning of regulation 105(2) of the old regulations;
"rock lobster coff register book "means an individually numbered book containing rock lobster coff registers issued by the Secretary to a holder of a rock lobster fishery access licence who is authorised by the licence to use a coff;
"rock lobster confirmation number" means the number provided by the Secretary to the holder of a rock lobster fishery access licence—
(a) under regulation 361(1) or 361(3); or
(b) under regulation 627A(2) of the old regulations;
"rock lobster daily catch record" means—
(a) an individually numbered record in the form approved by the Secretary that is used by the holder of a rock lobster fishery access licence to record information about rock lobster taken under the licence on any day as required under Part 9; or
(b) a rock lobster daily catch record within the meaning of regulation 105(2) of the old regulations;
"rock lobster daily catch record book" means a book containing rock lobster daily catch records issued by the Secretary to the holder of a rock lobster fishery access licence;
"rock lobster fishery access licence" means any one of the following classes of access licence—
(a) Rock Lobster Fishery (Western Zone) Access Licence;
(b) Rock Lobster Fishery (Eastern Zone) Access Licence;
"rock lobster notification service" means the interactive voice response telephone service and number through which specified rock lobster details may be notified by the holder of a rock lobster fishery access licence to the Secretary and includes the automated response system which captures the information provided;
rock lobster pot means any basket, box, net, trap, cage or any other thing that is designed for use, or is capable of being used, for or in connection with the taking by trapping of rock lobster or giant crab, but does not include a bay fish trap, recreational hoop net or commercial hoop net;
"rock lobster receipt" means a receipt issued in respect of the sale of rock lobster—
(a) by the person selling the rock lobster that contains the details required to be contained in the receipt referred to in regulation 366(b) in respect of that rock lobster; or
(b) by the holder of an aquaculture licence in accordance with regulation 439 ;
"salmonid" means, except in Part 12, brown trout, rainbow trout, Atlantic salmon and chinook salmon;
"scallop dredge "means any net or cage attached to a rigid framed device or any other thing that is designed for use, or is capable of being used for, or in connection with, the taking of scallop, but does not include a fishing dredge, shrimp dredge or hand-held dip net;
"scallop receiver return "means a return in the form approved by the Secretary that is used to record information about scallop received by a holder of a Fish Receivers' (Scallop) Licence as required under Part 11;
"scallop receiver return logbook "means the book containing scallop receiver returns issued by the Secretary to the holder of a Fish Receivers' (Scallop) Licence;
"seine net" means any net designed or used to surround fish that is drawn through the water to close the ends of the net but does not include a recreational bait net, trawl net, purse seine net, lampara net, Danish seine net or dip net;
Shallow Inlet means the total area of that inlet bounded by a straight line running between the mean high water mark on the seaward extremities of each side of the Shallow Inlet entrance;
"shell shovel" means a hand-held shovel with a blade not exceeding 30 centimetres in width and attached to a handle;
"shrimp dredge" means a net bag attached to a frame not exceeding 1 metre by 40 centimetres and that forms an opening or mouth to the net bag;
shuck means to remove the meat from the shell of a mollusc in any manner;
"size zone" in relation to abalone, means any of the areas described in paragraphs (a) to (e) of item 1 in the Table in regulation 235(1) ;
"small sales return" means a return in the form approved by the Secretary that is used to record information about certain quantities of abalone sold under a Fish Receivers' (Abalone) Licence as required under Part 8;
"small sales return book" means a book containing small sales returns issued by the Secretary to the holder of a Fish Receivers' (Abalone) Licence;
"soft shelled" means the condition of a rock lobster when the carapace, if depressed along the dorsal median line, fails to immediately return to its original shape;
"spear gun" means a mechanical device or other thing that is capable of imparting propulsive energy to a spear or arrow, but does not include a crossbow or a bow and arrow;
"specified abalone details" means—
(a) for the purposes of regulation 263, the following details—
(i) the number allocated by the Secretary to identify the abalone fishery access licence;
(ii) the abalone docket serial number;
(iii) the place of landing of the abalone;
(iv) the time the abalone was weighed using 24 hour time recording;
(v) the total net weight (in kilograms) of each species of abalone in respect of each commercial abalone reef code recorded on Part A of the docket;
(vi) the number of bins containing greenlip abalone secured with bin tags and the number of bins containing blacklip abalone secured with bin tags;
(vii) the trader identification number of the Fish Receivers' (Abalone) Licence where the abalone is to be delivered as recorded on Part B of the abalone docket;
(b) for the purposes of regulation 281, the following details—
(i) the trader identification number of the Fish Receivers' (Abalone) Licence holder recorded on Part C of the abalone docket;
(ii) the serial number of the docket;
(iii) the time of the abalone entering the licensed premises using 24 hour time recording;
(iv) the licence number recorded on the docket;
(v) the date of landing recorded on the docket;
(vi) the total net weight (in kilograms) recorded on Part C of the docket;
(vii) the total tare weight (in kilograms) recorded on Part B of the docket;
(c) for the purposes of regulations 286 and 290, the following details—
(i) the serial number of the abalone transfer certificate;
(ii) the trader identification number contained in section (i) of Part B of the certificate and all of the information contained in section (ii) of Part B of the certificate;
(iii) the product description and net weight details from section (iii) of Part B of the certificate;
(d) for the purposes of regulation 297, the following details—
(i) the serial number of the abalone transfer certificate;
(ii) the trader identification number contained in section (i) of Part A of the certificate and all of the information contained in section (ii) of Part A of the certificate;
(iii) the product description and net weight details from section (iii) of Part A of the certificate;
"specified giant crab details" means—
(a) for the purposes of regulations 388(1), 388(2), 388(3), 388(4), 389(1) and 392(2), the following details—
(i) the number allocated by the Secretary to identify the Giant Crab Fishery (Western Zone) Access Licence;
(ii) the number of giant crab on board the boat;
(iii) the port or mooring area the boat will enter;
(iv) the estimated time at which the boat will enter the port or mooring area;
(v) whether giant crab will be landed;
(vi) if landing giant crab, the estimated time at which landing of the giant crab will commence;
(b) for the purposes of regulation 394(1), the following details—
(i) the number allocated by the Secretary to identify the Giant Crab Fishery (Western Zone) Access Licence;
(ii) the estimated time at which the giant crab will leave its place of landing;
(iii) the number of giant crab landed under the licence;
(iv) the total net weight (in kilograms) of giant crab landed under the licence;
(v) the giant crab confirmation number provided to the licence holder when the specified giant crab details in paragraph (a) were provided;
"specified rock lobster details" means—
(a) for the purposes of regulations 348(1), 348(2), 348(3), 348(4), 349(1) and 352(2), the following details—
(i) the number allocated by the Secretary to identify the rock lobster fishery access licence;
(ii) the number of rock lobster on board the boat (if known);
(iii) the port or mooring area the boat will enter;
(iv) the estimated time at which the boat will enter the port or mooring area;
(v) whether any rock lobster will be landed;
(vi) if landing rock lobster, the estimated time at which landing of rock lobster will commence;
(b) for the purposes of regulation 348(5), the following details—
(i) the number allocated by the Secretary to identify the rock lobster fishery access licence;
(ii) the number of rock lobster to be landed;
(iii) the estimated time at which rock lobster will be landed;
(iv) the port or mooring area at which the rock lobster will be landed;
(c) for the purposes of regulation 354(1), the following details—
(i) the number allocated by the Secretary to identify the rock lobster fishery access licence;
(ii) the estimated time at which the rock lobster will leave its place of landing;
(iii) the number of rock lobster landed under the licence;
(iv) the total net weight (in kilograms) of rock lobster landed under the licence;
(v) the rock lobster confirmation number provided to the licence holder when the specified rock lobster details in paragraph (a) were provided;
spider crab trap means a device constructed of sticks or mesh not exceeding 1 metre in length and 40 centimetres in diameter used for the purposes of catching crab;
stake net means a net joined to a stake or stakes or any other object in a fixed position, which is designed for use or capable of being used to catch fish by the movement of water through the net;
"stock record" means—
(a)the record that may be required to be completed by the holder of a Fish Receivers' (Abalone) Licence under regulation 273; or
(b) any record that was required to be completed by the holder of a Fish Receivers' (Abalone) Licence under regulation 330(c) of the old regulations;
"Swan Bay" includes all the waters of that bay lying westward of a line from Black Billy Point to Point Norgate westward from the mouth of the Queenscliff Creek;
"tare weight" in relation to bins containing landed abalone, means the weight of all those bins including the bin lids and bin inserts, but does not include the abalone;
"tender boat" means a boat that is not registered that—
(a) in a rock lobster fishery or giant crab fishery, is used by the holder of a rock lobster fishery access licence or a Giant Crab Fishery (Western Zone) Access Licence to assist with the landing of rock lobster or giant crab (as the case may be) from the registered boat specified in the licence; and
(b) in any other fishery, is engaged in a fishing operation (other than an operation involving the use of purse seine nets) with—
(i) one other larger boat that is registered; or
(ii) 2 other boats, one of which is registered; and
(c) has the letter "T" and the identifying mark of the registered boat displayed on both sides of the bow;
"the Act" means the Fisheries Act 1995 ;
"trader identification number" means the number issued by the Secretary to—
(a)every holder of a Fish Receivers' (Abalone) Licence in respect of—
(i) that licence; and
(ii) the licence holder's customers and suppliers of abalone; or
(b) every holder of an Aquaculture (Crown Land—Abalone) Licence or an Aquaculture (On-shore Abalone) Licence;
"trammel net" means any net which contains more than 1 side-by-side panel of netting;
trawl net means any net that is towed through the water by a boat or boats making way, but does not include a purse seine net, seine net, Danish seine net or a lampara net;
"use" includes attempt to use or assist in the use of;
"western abalone zone" means all Victorian waters west of longitude 142° 31' East;
Western Port means all of the waters of the bay known as Western Port which lie north of a line bearing 53° East from Cape Woolamai to the opposite shore and a line running directly from West Head at Flinders to the southernmost point of Point Grant on Phillip Island;
western rock lobster zone means all Victorian marine waters west of longitude 143° 40' East but does not include any inlet of the sea;
"yabby pot" means any pot or net not exceeding 90 centimetres long or more than 30 centimetres high or more than 90 centimetres wide that is designed for use, or is capable of being used, in connection with the taking of yabby.