Fisheries (ray protection) notice 2017

Fisheries Act 1995

FISHERIES NOTICE

I, Travis Dowling, Executive Director Fisheries, as delegate of the Minister for Agriculture and having considered the outcome of consultation in accordance with section 3A of the Fisheries Act 1995 (the Act), make the following Fisheries Notice under sections 67, 68A and 152 of the Act:

Dated:     

Travis Dowling

Executive Director Fisheries

Fisheries (Ray Protection) Notice 2017

Title

This Notice may be cited as the Fisheries (Ray Protection) Notice 2017.

Objective

The objective of this Notice is to-

1. prohibit the take of rays greater than 1.5 metres in width by prohibiting their take or possession;
2. reduce the bag limit for all skates, guitar fish and all other rays to 1 per day; and
3. prohibit the take of rays, skates and guitar fish from or within 400 metres of any man made structure

-by recreational fishers.

Authorising provision

This Notice is made under sections 67, 68A and 152 of the Act.

Commencement

This Notice comes into operation on the day it is published in the Government Gazette.

Definitions

In this Notice –

"closed waters" means any waters within 400 metres of any specified structure;

"guitarfish" includes all fish of the order Rhinobatiformes;

"ray" includes all fish of the order Myliobatiformes;

"skate" includes all fish of the order Rajiformes; 

"specified structure" means any man-made fixed structure, including any pier, jetty, wharf or breakwater;

"the Act" means the Fisheries Act 1995;

"width" in the case of a ray, is the maximum distance between the wing tips.

Non-application of Notice

This Notice does not apply to a holder of a commercial fishery access licence, or a person acting under the licence, when acting in accordance with the provisions of the licence.

Prohibition on taking or possessing rays greater than 1.5 metres in width

A person must not take, injure, damage, destroy or possess any ray that is more than 1.5 metres in width.

Penalty: 50 penalty units.

Note: under section 11(4) of the Act, a person does not commit an offence by unintentionally taking or possessing a fish (other than noxious species) if the fish is not killed or put into any container; and all reasonable steps are immediately taken to return the fish, to its natural habitat with the least possible injury or damage.

Catch and possession limits for rays

For the purposes of section 68A of the Act, the daily catch limit with respect to –

1. the taking or possession of a ray that is more than 1.5 metres in width is 0; and
2. the taking or possession of a ray that is less than 1.5 metres in width is 1;

Note: The offences in section 68A of the Act relating to taking or possessing more fish of a species than the catch limit specified in a fisheries notice attract various penalties.

Catch and possession limit for skates

For the purposes of section 68A of the Act, the daily catch limit with respect to the taking of any skate from, or the possession of any skate in, on or next to any Victorian waters is 1 fish.

Note: There are offences in section 68A of the Act relating to taking or possessing more fish of a species than the catch limit specified in a Fisheries Notice. Various penalties apply.

Catch and possession limit for guitarfishes

For the purposes of section 68A of the Act, the daily catch limit with respect to the taking of any guitarfish from, or the possession of any guitarfish in, on or next to any Victorian waters is 1 fish.

Note: There are offences in section 68A of the Act relating to taking or possessing more fish of a species than the catch limit specified in a Fisheries Notice. Various penalties apply.

Prohibition on take or possession of rays, skates and guitarfish from closed waters

1. For the purposes of section 67 of the Act – 
   1. the taking of any ray, skate or guitarfish from closed waters; or
   2. the possession of any ray, skate or guitarfish-
      1. in or on closed waters; or
      2. on or next to any specified structure-
      is prohibited.
   Note: A failure to comply with this prohibition is an offence under section 67(3) of the Act. A maximum penalty of 100 penalty units or 6 months imprisonment or both applies.
2. Sub-clause (1)(b) does not apply to a person possessing a ray, skate or guitarfish taken from waters other than closed waters while in the course of landing and transporting that fish.

Application to fisheries reserves

This Notice applies to a fisheries reserve, as declared under section 88 of the Act, to the extent that fishing is permitted in that reserve.

Revocation

Unless sooner revoked, this Notice will be automatically revoked 12 months after the date on which it comes into operation.

Note: Section 152(3) of the Act provides that if a Fisheries Notice is inconsistent with any regulations, management plan, Ministerial direction, licence or permit, the Fisheries Notice prevails to the extent of the inconsistency.