Fisheries (General) Regulations 2000 (SA)

South Australia

Fisheries (General) Regulations 2000

under the Fisheries Act 1982

Contents

Part 1—Preliminary

1. Citation

2. Revocation

3. Interpretation

Part 2—Regulation of fishing

1. Fishing activities of a prescribed class (section 41 of the Act)

2. Protected fish (section 42 of the Act)

3. Sale, purchase or possession of fish (section 44 of the Act)

4. Registration of devices for recreational use

5. Registration of devices for commercial use

6. Inspection of certificate of registration of devices registered for recreational use

7. Requirements relating to buoys

8. Requirements relating to tags

9. Carriage of certain devices in specified areas

10. Carriage of certain devices while using scuba etc

11. Carriage of devices near lock and weirs of Murray River

12. Distinguishing marks on boats (section 34 of the Act)

13. Aquatic or benthic flora or fauna (section 48G(9) of the Act)

14. Mutilation of certain fish

15. Provisions relating to abalone fishing

16. Keeping of fish in corfs

17. Keeping of rock lobster

18. Duty of rock lobster fishery licence holder to mark buoys

19. Duty to clip tail fan of rock lobster

20. Berleying

24ACommercial bait nets not to be left unattended

1. Requirement to remove anchors etc from nets removed from Lakes and Coorong Fishery

2. Marking of receptacles in which fish are transported, consigned for sale etc

Part 3—Miscellaneous

1. Fees

2. Notice of seizure of device

3. Research and Development Fund—prescribed fishing industry body

4. Notice of address for service of documents

5. Evidentiary provision

6. Expiation of alleged offences

Schedule 1—Classes of fishing activities prescribed for purposes of section 41 of Act

Schedule 2—Areas in which use of fish nets is prohibited

Part 1—Areas in which use of any fish net is prohibited

Part 2—Areas in which use of gill net, purse seine net or other hauling net is prohibited

Schedule 3—Areas and carrying of explosive devices when diving

Schedule 4—Rock lobster—removal of middle tail fan

Schedule 5—Fees

Schedule 6—Undersize fish

1. Abalone taken by licensed person

2. Abalone taken by unlicensed person

3. Cockle

4. Crab

5. Garfish

6. Mulloway

7. Rock lobster

8. Scallop

9. Shark

9AWhiting, King George

1. Other species and classes of fish

Schedule 7—Species of fish prescribed for the purposes of section 48G of the Act

Schedule 8—Classes of fish and quantities prescribed for purposes of section 44(4) of Act

Schedule 9—Expiation of offences

Legislative history

Part 1—Preliminary

1—Citation

These regulations may be cited as the Fisheries (General) Regulations 2000.

3—Revocation

The Fisheries (General) Regulations 1984 (see Gazette 28.6.1984 p1947), as varied, are revoked.

4—Interpretation

1. In these regulations, unless the contrary intention appears—

   Act means the Fisheries Act 1982;

   bait net means a fish net that—

   (a)is not more than 150 metres in length; and

   (b)has a mesh size of not less than 30 millimetres and not more than 150 millimetres;

   blue crab means blue crab (Portunus pelagicus);

   blue groper means blue groper (Achoerodus gouldii);

   calamary means calamary (Sepioteuthis australis);

   callop (golden perch) means callop (golden perch (Macquaria ambigua));

   callop (Lake Eyre perch) means callop (Lake Eyre perch (Macquaria n.sp));

   catfish means catfish (Family Plotosidae);

   Charter Boat Fishery means the fishery constituted by the Fisheries (Scheme of Management—Charter Boat Fishery) Regulations 2005;

   coastal waters means the waters of the ocean and all bays, gulfs, straits, passages, inlets and estuaries of the State that are subject to the tidal influence of the sea; but does not include Coorong (area 1), Coorong (area 2) and Lake George;

   cockle rake means a device designed and constructed to be held in the hand and consisting of a pole attached to 1 end of which is—

   (a)a cross-bar mounted upon which is a rake; and

   (b)a net bag;

   continuous brake power rating, in relation to an engine of a boat, means the continuous brake power rating of the engine as stated by the engine manufacturer's specifications and in accordance with Australian Standard 4594–1999 published by Standards Australia;

   Coorong means that area of water known as the Coorong, separated from that area of water known as the `Lower Murray' at Goolwa, and from Lake Alexandrina, by the barrages known as the Goolwa, Mundoo, Boundary Creek, Ewe Island and Tauwitchere Barrages, and separated from the ocean by Sir Richard Peninsula and Younghusband Peninsula and by the geodesic from the mouth of the River Murray where it enters the ocean from high water mark on the seaward side of the headland of Sir Richard Peninsula to high water mark on the seaward side of the headland of Younghusband Peninsula;

   Coorong (area 1) means the waters of the Coorong separated from that area of water known as the `Lower Murray' at Goolwa, and from Lake Alexandrina, by the barrages known as the Goolwa, Mundoo, Boundary Creek, Ewe Island and Tauwitchere Barrages, separated from the waters of the Coorong south east of Tauwitchere Barrage by a straight line drawn westerly from Pelican Point to Gnurlung Point on Younghusband Peninsula, and separated from the ocean by Sir Richard Peninsula and Younghusband Peninsula and the geodesic from the mouth of the River Murray where it enters the ocean from high water mark on the seaward side of the headland of Sir Richard Peninsula to high water mark on the seaward side of the headland of Younghusband Peninsula;

   Coorong (area 2) means the waters of the Coorong bounded at its north western extremity by a straight line drawn westerly from Pelican Point to Gnurlung Point on Younghusband Peninsula, then in a generally south easterly direction to the most southerly limit of the lagoon proper, and separated from the ocean by the Younghusband Peninsula;

   Coorong coastal waters means the waters of the ocean from position latitude 35° 31.3′ south, longitude 138° 46.3′ east (Goolwa Beach Road) to position latitude 36° 49.7′ south, longitude 139° 51.1′ east (Kingston Jetty);

   corf includes any floating or submerged holding box or container;

   crab net means a device used to take crabs (Family Portunidae) consisting of a drop net or a net in the form of a bag or cone attached to a hoop at its opening;

   crab pot means a fish trap that—

   (a)is designed and constructed for the purpose of taking blue crabs (Portunus pelagicus); and

   (b)has a maximum height of 650 millimetres; and

   (c)has a maximum diameter of 2 metres; and

   (d)is covered with a fish net that has—

   (i)a minimum mesh size of 75 millimetres; or

   (ii)an escape panel that has a minimum mesh size of 75 millimetres and is at least 700 millimetres by 300 millimetres;

   crab rake means a device designed and constructed to be held in the hand and consisting of a pole attached to 1 end of which is—

   (a)a cross-bar mounted on which is a rake; and

   (b)a circular metal framed mesh;

   cuttlefish means cuttlefish (Sepia spp.);

   depth, in relation to a net, means the distance from the cork line, buoyant line or other line on which the net is slung to the lead line or to the bottom of the net if there is no lead line such distance to be measured when the cork line, buoyant line or other line on which the net is slung is taut and the lead line or the bottom of the net, if there is no lead line, is hanging free and out of water;

   drop line means a device consisting of a length of line with hooks attached by snoods along its length and that is anchored by a weight, buoyed at the surface and deployed vertically through the water;

   drop net means a net that consists of 2 hoops, the top hoop having a diameter not smaller than that of the bottom hoop, to which netting is attached so as to form a cylindrical bag or cone shaped bag;

   drum net means a fish trap consisting of mesh supported by 3 large diameter bands to form a body or shape which is closed at 1 end and a cove at the other;

   electro-fishing means the taking of fish by using a device consisting of a power source anode or cathode designed and constructed to apply an electric field to water so as to attract or stun fish;

   fishing reach means a reach of the River Murray proper in which the holder of a fishery licence in respect of the River Fishery may, pursuant to that licence, take fish for the purpose of trade or business;

   fish net means any net other than a hand net (including a dab net, dip net or shrimp net), hoop net, drop net or a prawn trawl net;

   fish trap means any device that is designed and constructed to trap fish and has an entrance or cove;

   fyke net means a fish trap consisting of a series of large diameter rings which support mesh on the exterior and a series of coves along the interior with a wing or wings at 1 end;

   gill net means a length of mesh net supported along its length by a rope attached to the top and bottom of the mesh and designed and constructed to be used as a static device to enmesh fish;

   Gulf St. Vincent, Investigator Strait and Backstairs Passage means those waters of Gulf St. Vincent, Investigator Strait and Backstairs Passage bounded by a line commencing at the high water mark at Cape Spencer on Yorke Peninsula, then a generally south south‑westerly direction to Cape Borda on Kangaroo Island, then in an easterly direction along the high water mark of the Island to Cape Willoughby, then in a generally north‑easterly direction to Newland Head on Fleurieu Peninsula, then along the high water mark of the eastern and western shore shoreline of Gulf St. Vincent back to the point of commencement;

   gummy shark means gummy shark (Mustelus antarcticus);

   hand net (including a dab net, dip net or shrimp net) means a net being conical in shape attached to a hoop or ring and extending not more than 1 metre in depth from the hoop or ring, the hoop and ring being attached to a rigid handle and having a diameter that does not exceed 1 metre;

   hand fish spear means a fish spear propelled by human power without the use of any explosive, spring, elastic material or mechanism;

   hand line means fishing line used without a rod and to which not more than 3 fishing hooks are attached (for the purpose of this definition not more than 5 hooks joined by threading the point of 1 through the eye of another, or by fastening their shanks together will be taken to be 1 hook);

   hauling net means a net hauled by a rope 1 end of which is securely anchored to the sea bed or attached to a securely anchored boat or securely attached to the shore;

   hoop net means a net consisting of 1 hoop of a diameter not exceeding 107 centimetres to which netting is attached in the form of a cone or bag that does not extend more than 92 centimetres from the hoop;

   in any 1 day means during the period commencing at midnight and ending at the midnight next following;

   inland waters means the River Murray and its tributaries, Lakes Albert and Alexandrina, Lake George, the Coorong above the Murray Mouth and all the waters of the State that are fresh waters;

   Lakes Albert and Alexandrina means all of the waters of Lake Albert and Lake Alexandrina situated downstream of the punt that services the main road joining the township of Wellington to the township of Wellington East, and separated from the Coorong by land and by the barrages known as Goolwa, Boundary Creek, Ewe Island and Tauwitchere Barrages, and includes those waters of the Finnis River and Currency Creek situated upstream from Lake Alexandrina to the first road bridge by which they are crossed;

   large catfish means catfish that exceeds 33 centimetres in length;

   large mesh monofilament net means a monofilament mesh net that—

   (a)has a mesh size exceeding 115 millimetres; and

   (b)consists of line with a minimum breaking strain of not less than 7 kilograms;

   large mesh multifilament hauling net means a multifilament hauling net that—

   (a)has a mesh size exceeding 95 millimetres; and

   (b)consists of line with a minimum ply of not less than 21;

   large mesh net means a mesh net or gill net with a mesh size of not less than 150 millimetres;

   large mulloway means mulloway that exceeds 75 centimetres in length;

   large salmon means salmon that exceeds 35 centimetres in length;

   large snapper means snapper that exceeds 60 centimetres in length;

   length —

   (a)in relation to a fish—means the distance from the foremost part of the head to the end of the tail;

   (b)in relation to a net—means the length of that part of the cork line, buoyant line or other line on which the net is slung;

   licensed person, in relation to a fishing activity, means—

   (a)a person who, for the purpose of trade or business, is engaged in a fishing activity of a class that constitutes the fishery in respect of which the person holds a licence; or

   (b)a person acting as the agent of a holder of such a licence;

   long line means a length of line to which is attached 1 or more traces or hooks and which is anchored and buoyed at 1 or both ends;

   mesh net means a net designed and constructed to enmesh fish;

   mulloway means mulloway (Argyrosomus hololepidotus);

   Murray cod means Murray cod (Maccullochella peeli);

   Murray Mouth means those waters within 500 metres from any point on the geodesic from a point at high water mark on the most south-easterly corner from the seaward side of Younghusband Peninsula to a point at high water mark on the most south-westerly corner from the seaward side of Sir Richard Peninsula;

   mussel dredge means a device that—

   (a)is designed and constructed to be held in the hand so as to facilitate the taking of fish by scraping the bed of any waters; and

   (b)is not more than 1 metre wide; and

   (c)has attached to it a net not more than 1 metre deep;

   non-commercial purpose means a purpose other than trade or business;

   Northern Zone has the same meaning as in the Fisheries (Scheme of Management—Rock Lobster Fisheries) Regulations 1991;

   on the same day means during the period commencing at midnight and ending at the midnight next following;

   overall length, in relation to a boat, means the horizontal distance between—

   (a)a perpendicular dropped from the extremity of the bow of the boat, or, if a fixture or structure attached to the bow projects beyond the bow, from the extremity of that fixture or structure; and

   (b)a perpendicular dropped from the extremity of the stern of the boat, or, if a fixture or structure attached to the stern projects beyond the stern, from the extremity of that fixture or structure;

   permitted device means a mesh net, a hand net (including a dab net, dip net or shrimp net), hand fish spear, spear gun, bow and arrow other than a crossbow, shrimp trap, mussel dredge, rock lobster pot, rock lobster snare, yabbie pot, drop net, hoop net, bait pump, bait fork, bait spade, razor fish tongs, crab rake, crab net, cockle net and cockle rake squid jig;

   pilchard net means a purse seine net that—

   (a)is no more than 1000 metres in length; and

   (b)is no more than 200 metres in depth; and

   (c)has a minimum mesh size of 14 millimetres; and

   (d)has a maximum mesh size of 22 millimetres;

   power hauling method of fishing means a fishing activity involving the use of a fish net where—

   (a)the net is hauled through the water by means other than by hand; and

   (b)not more than 1 boat is used to haul the net; and

   (c)1 end of the net is anchored so as to secure that end to the sea bed while—

   (i)the net is shot out; or

   (ii)1 end of the net is being hauled back to the other end;

   prawn means western king prawn (Penaeus latisulcatus);

   prawn trawl net means a trawl net that is designed and constructed for the taking of prawn;

   purse seine net means a long winged hauling net with a bunt and a pursing line attached by rings to the bottom mesh or foot rope;

   revoked regulations means the regulations revoked by regulation 3;

   ring net means a mesh net that has floats on the head line and leads on the bottom line and is designed and constructed to encircle a school of fish;

   River Murray proper means all the waters of the River Murray and its anabranches, tributaries, lagoons and lakes situated upstream of the punt which services the main road joining the township of Wellington to the township of Wellington East;

   rock lobster means southern rock lobster (Jasus edwardsii);

   rock lobster fishery means—

   (a)the Northern Zone Rock Lobster Fishery; or

   (b)the Southern Zone Rock Lobster Fishery;

   rock lobster pot means a fish trap that is designed and constructed for the purpose of taking rock lobster;

   rock lobster snare means a device that—

   (a)consists of a noose attached to a length of tubing; and

   (b)is designed and constructed for the taking of rock lobster;

   rod and line means a rod to which is attached a fishing line having not more than 3 fishing hooks attached to it (and for the purpose of this definition not more than 5 hooks joined by threading the point of 1 through the eye of another or by fastening their shanks to each other will be taken to be 1 hook);

   salmon means salmon (Arripis truttaceus);

   sand crab means sand crab (Ovalipes australiensis);

   sand crab pot means a fish trap that—

   (a)is designed and constructed for the purpose of taking sand crabs (Ovalipes australiensis); and

   (b)has a maximum height of 450 millimetres; and

   (c)has a maximum diameter of 1.5 metres; and

   (d)is covered with a fish net that has—

   (i)a minimum mesh size of 75 millimetres; or

   (ii)an escape panel that has a minimum mesh size of 75 millimetres and is at least 700 millimetres by 300 millimetres;

   scallop dredge means a device consisting of mesh supported by framework that is designed and constructed to be pulled behind a boat so as to facilitate the taking of fish by scraping the bed of any waters;

   school shark means school shark (Galeorhinus galeus);

   set line includes any device using hooks and known as a cross line, springer, side line, long line or buoyed line;

   set net means any static mesh net;

   set-net method of fishing means a fishing activity involving the use of a fish net—

   (a)of up to 600 metres in length; and

   (b)having a mesh size of at least 50 millimetres and less than 150 millimetres,

   and in which the fish net is run out into the water and set, the ends of the fish net not meeting or being joined;

   shrimp trap means a fish trap that is designed and constructed for the purpose of taking shrimps (Suborder Natantia);

   small catfish means catfish that does not exceed 33 centimetres in length;

   small mesh monofilament net means a monofilament mesh net that—

   (a)has a mesh size exceeding 50 millimetres but not exceeding 64 millimetres; and

   (b)consists of line with a minimum breaking strain of not less than 5.5 kilograms;

   small mesh multifilament hauling net means a multifilament hauling net that—

   (a)has a mesh size exceeding 50 millimetres but not exceeding 64 millimetres; and

   (b)consists of line with a minimum ply of not less than 15;

   small mulloway means mulloway that is at least 46 centimetres in length but does not exceed 75 centimetres in length;

   small salmon means salmon that is at least 21 centimetres in length but does not exceed 35 centimetres in length;

   small snapper means snapper that is at least 38 centimetres in length but does not exceed 60 centimetres in length;

   snapper means snapper (Pagrus auratus);

   southern bluefin tuna means southern bluefin tuna (Thunnus maccoyii);

   Southern Zone has the same meaning as in the Fisheries (Scheme of Management—Rock Lobster Fisheries) Regulations 1991;

   spear gun means a device for spearing fish consisting of a spear and an apparatus for discharging the spear by means of explosive, spring or elastic material or other mechanical means;

   swinger net means a non-static gill net with a rope attached which rope is anchored to the shore so as to enable the net to drift with the aid of offshore and longshore currents;

   trawl net includes a lampara net, Danish seine net, beam trawl net or otter trawl net and any net towed by a boat;

   trot line means a combination of—

   (a)buoyed lines anchored or weighted; and

   (b)a line or lines connecting the buoyed lines and supported under the surface of the waters by a line of floats; and

   (c)a line or lines attached to the connecting line and weighted to which are attached hooks or snoods with hooks;

   undersize fish means fish that are undersize as determined in accordance with Schedule 6 but does not include—

   (a)flounder (Family Pleuronectidae) (Family Bothidae) taken by an unlicensed person; or

   (b)fish taken by a person under the Fisheries (Exotic Fish, Fish Farming and Fish Diseases) Regulations 2000 from a fish farming operation in respect of which the person is registered;

   unlicensed person, in relation to a fishing activity, means a person who is not a licensed person in relation to that activity;

   waters of the State means all the waters to which the Act applies;

   yabbie pot means a fish trap designed and constructed for the purpose of taking yabbie (Cherax destructor);

   yellowfin tuna means yellowfin tuna (Thunnus albacares).

1. In these regulations, a reference to the taking of fish or a particular species of fish is to be taken to include any act that is preparatory to or involved in the taking of that fish or species of fish, whether or not any such fish or species of fish have been taken.

2. In these regulations, a reference to using or to the use of a device by a person engaged in a fishing activity includes a reference to using the device—

   (a)to take fish; and

   (b)in or as part of any act preparatory to, or involved in, the taking of fish.

3. In these regulations, a reference to a person carrying a device includes a reference to—

   (a)having the device on or about his or her person; or

   (b)having the device so near to his or her person that he or she is able to exercise physical control over the device.

4. For the purposes of these regulations, the mesh size of a net is to be determined as follows:

   (a)10 meshes of the net are to be measured by the method referred to in paragraph (b) and the sum is to be divided by 10;

   (b)the distance between 1 corner of the mesh of the net and the corner of the same mesh diagonally opposite to that corner (with the corners extended so that as near as is practicable there is no space between adjacent threads of mesh) is to be measured by the following method:

   (i)that part of the net containing the mesh to be measured must be soaked in water for at least 5 minutes; and

   (ii)immediately after soaking a weight of 1.5 kilograms must be attached or slung to 1 corner of the mesh to be measured (the weighted corner); and

   (iii)while the weight is attached to or slung on the weighted corner the distance between the weighted corner and the corner of the same mesh diagonally opposite to the weighted corner must be measured, the measurement being taken from the inside of each corner.

5. For the purposes of these regulations—

   (a)a device registered for use for non-commercial purposes is attended only if it is at all times actually being attended by the person in whose name it is registered under regulation 8 and that person is at all times—

   (i)while the device is in the waters of Lake George—no more than 50 metres from the high water mark of the Lake;

   (ii)while the device is in any other waters of the State—no more than 50 metres from any part of the device;

   (b)a device registered for use pursuant to a fishery licence is attended only if it is at all times actually being attended by the person who holds the licence, or a person acting as an agent of the holder of the licence, and that person is at all times—

   (i)while the device is in the waters of Lake George—no more than 50 metres from the high water mark of the Lake;

   (ii)while the device is in any other waters of the State—no more than 50 metres from any part of the device.

Part 2—Regulation of fishing

5—Fishing activities of a prescribed class (section 41 of the Act)

For the purposes of section 41 of the Act, each class of fishing activity described in Schedule 1 is a fishing activity of a prescribed class.

6—Protected fish (section 42 of the Act)

For the purposes of section 42 of the Act, the following classes of fish are declared to be protected:

(a)fish of the genus Ambassis, Mogurnda or Nannoperca;

(b)female fish of the following species if carrying external eggs:

Blue crab (Portunus pelagicus)

Giant crab (Pseudocarcinus gigas)

Rock lobster (Jasus edwardsii)

Yabbie (Cherax destructor);

(c)fish of the following species:

Freshwater catfish (Tandanus tandanus)

Murray River crayfish (Euastacus armatus)

River blackfish (Gadopsis marmoratus)

Silver perch (Bidyanus bidyanus)

Trout cod (Maccullochella macquariensis)

White pointer shark (Carcharodon carcharias);

(d)blue groper (Achoerodus gouldii) in the following waters:

All of the waters of the ocean north of the geodesic: Commencing at high water mark on the shore at Newland Head, position latitude 35° 39′ 00″ south, and longitude 138° 31′ 00″ east, then in a direction of 238°T, to high water mark on the shore at Cape Willoughby in position latitude 35° 51′ 10″ south, and longitude 138° 07′ 40″ east, then from high water mark on the shore in position latitude 35° 53′ 10″ south and longitude 136° 32′ 00″ east, (West Coast of Kangaroo Island adjacent to West Bay), in a direction of 321°T to high water mark on the shore at Cape Carnot, position latitude 34° 56′ 45″ south, and longitude 135° 37′ 30″ east;

(e)fish of the family Syngnathidae.

7—Sale, purchase or possession of fish (section 44 of the Act)

1. For the purposes of section 44(2) of the Act, undersize fish are fish of a prescribed class.

2. For the purposes of section 44(2AA) of the Act, 25 abalone is the prescribed quantity.

3. For the purposes of section 44(4) of the Act—

   (a)fish of a class set out in column 1 of Schedule 8 are fish of a prescribed class; and

   (b)the quantity set out in column 2 of that Schedule alongside a class of fish is the prescribed quantity of fish of that class.

8—Registration of devices for recreational use

1. This regulation applies in relation to a mesh net or rock lobster pot to be used by a person (including the holder of a fishery licence) for purposes other than trade or business.

2. An application for registration of a device to which this regulation applies must—

   (a)be made to the Director in a form approved by the Director; and

   (b)be accompanied by the fee (if any) specified in Schedule 5.

(2a)An application for registration of a rock lobster pot—

(a)cannot be made earlier than 2 months before the commencement of the registration period during which the registration is to take effect;

(b)cannot be made at all if the applicant has by a separate application obtained the registration of another rock lobster pot for a period commencing during the same registration period.

1. Before registering a device under this regulation the Director may require the applicant to produce the device for examination by a fisheries officer.

(3a)Before registering a rock lobster pot under this regulation the Director must be satisfied that the applicant is a natural person of at least 15 years of age.

1. The Director must refuse to register a device if—

   (a)it is not produced for examination pursuant to a requirement made under subregulation (3); or

   (b)the applicant could not, on registration of the device, lawfully use it for the purpose of taking fish in the waters of the State; or

   (c)registration would result in the number of devices registered in the applicant's name being in excess of the greatest number of devices that the applicant may lawfully use, at any 1 time, in the waters of the State.

2. If the Director is satisfied that—

   (a)an application to register a device has been made in accordance with this regulation; and

   (b)the device complies with these regulations,

   the Director may register the device in the name of the applicant—

   (c)in the case of a rock lobster pot—

   (i)if the application was made on or before the commencement of the registration period—for the whole of the registration period;

   (ii)if the application was made after the commencement of the registration period—for a period commencing on the date of grant of the application and ending on the expiry of the last day of the registration period; or

   (d)in any other case—for a period not exceeding 3 years.

3. The Director must, on registering a device, allot a registered number to the device.

4. The Director must, on registering a rock lobster pot, issue to the person in whose name the pot is registered a tag bearing the registered number allotted to the pot.

5. If the Director is satisfied by statutory declaration or such other evidence as the Director may require that a tag issued in respect of a rock lobster pot registered under this regulation has been lost, stolen, damaged or destroyed, the Director must, on application made in a form approved by the Director and payment of the fee specified in Schedule 5, issue a replacement tag.

6. In this regulation—

   registration period, in relation to a rock lobster pot, means the period beginning on 1 October in any year and ending on 31 May in the following year.

9—Registration of devices for commercial use

1. This regulation applies in relation to any device, other than a rod and line or hand line, to be used by the holder of a fishery licence pursuant to the licence (being a device that may be lawfully used for that purpose).

2. An application for registration of a device to which this regulation applies must be made in writing in a form approved by the Director.

(2a)A person who makes application to register a device under this regulation must pay the registration fee (if any) specified in Schedule 5.

(2b)A registration fee may be paid by 4 equal instalments payable on or before the date of grant of registration and 1 October, 1 January and 1 April following the date of grant.

(2c)If an instalment of a registration fee is not paid in full within 21 days after the due date for payment, an additional amount equal to 10 per cent of the unpaid balance of the instalment is payable.

(2d)If—

(a)an instalment of a registration fee is not paid in full on or before the due date; or

(b)an additional amount is required to be paid for late payment of an instalment of a registration fee,

the amount unpaid may be recovered from the holder of the licence pursuant to which the registered device may be used or the person who last held the licence as a debt due to the Crown.

1. Before registering a device under this regulation the Director may require the applicant to produce the device for examination by a fisheries officer.

2. The Director must refuse to register a device if—

   (a)it is not produced for examination pursuant to a requirement made under subregulation (3); or

   (b)the applicant could not, on registration of the device, lawfully use it for the purpose of taking fish in the waters of the State; or

   (c)registration would result in the number of devices registered in the applicant's name being in excess of the greatest number of devices that the applicant may lawfully use, at any 1 time, in the waters of the State.

3. The Director may refuse to register a device despite the fact that the effect of the refusal is to prevent the taking of 1 or more species of fish that could otherwise lawfully be taken pursuant to the licence.

(5a)The Director must not register a sand crab pot unless—

(a)the applicant holds a licence in respect of the Marine Scalefish Fishery; and

(b)the Director is satisfied that at least 10 tonnes of sand crabs (Ovalipes australiensis) were taken pursuant to that licence during the period of 12 months commencing on 1 July 1995, 1 July 1996, 1 July 1997, 1 July 1998 or 1 July 1999 (as recorded on completed returns lodged under regulation 16 of the Scheme of Management (Marine Scalefish Fisheries) Regulations 1991).

1. If the Director is satisfied that—

   (a)an application to register a device has been made in accordance with this regulation; and

   (b)the device complies with these regulations; and

   (c)registration of the device would not be inconsistent with the objectives set out in section 20 of the Act,

   the Director may register the device in the name of the applicant for a period not exceeding 12 months.

2. The Director must, on registering a device, allot a registered number to the device.

10—Inspection of certificate of registration of devices registered for recreational use

A person using a registered device for purposes other than trade or business must, on demand by a fisheries officer, produce for inspection by a fisheries officer the certificate of registration of the device within 48 hours of that demand.

Maximum penalty: $2 500.

11—Requirements relating to buoys

1. A buoy will be taken to comply with these regulations if—

   (a)it is constructed of material that is durable in water; and

   (b)it displays the marks required by these regulations in letters and figures of not less than 7 centimetres in height; and

   (c)—

   (i)in the case of a buoy attached to a yabbie pot, shrimp trap, hoop net, drop net or drum net used by any person to take fish in the River Murray proper, Lakes Albert and Alexandrina or the Coorong—it has a volume of not less than 2 litres;

   (ii)in any other case—it has a volume of not less than 4 litres.

12—Requirements relating to tags

1. A tag will be taken to comply with these regulations if—

   (a)it is made of material that is durable and non-corrodible in water; and

   (b)it is not less than—

   (i)10 centimetres in length; and

   (ii)5 centimetres in width; and

   (c)it clearly display the marks required by these regulations in letters and figures of not less than 2 centimetres in height.

13—Carriage of certain devices in specified areas

1. A person must not carry a hand fish spear, spear gun or device that operates by means of an explosive cartridge in the areas specified in Schedule 3.

   Maximum penalty: $2 500.

2. It is a defence to a charge of an offence against this regulation to prove that the defendant was carrying the spear, spear gun or device only for the purpose of transporting it across the area.

14—Carriage of certain devices while using scuba etc

1. Subject to subregulation (2), a person must not, while using a scuba, hookah or other apparatus for breathing underwater, carry a hand fish spear, spear gun or device that operates by means of an explosive cartridge.

   Maximum penalty: $2 500.

2. A person may, while using a scuba, hookah or other apparatus for breathing under water, carry a device that operates by means of an explosive cartridge if—

   (a)the device is not attached to a hand fish spear or spear gun; and

   (b)the device is carried only for protection; and

   (c)any fish that is injured or killed is left in the water.

3. Subregulation (2) does not permit the carrying of a device in an aquatic reserve or an area specified in Schedule 3.

15—Carriage of devices near lock and weirs of Murray River

A person must not carry a device within 150 metres of each side of each lock and weir of the River Murray proper.

Maximum penalty: $2 500.

16—Distinguishing marks on boats (section 34 of the Act)

1. The Director must, on registering a boat under section 34 of the Act, allot to the boat a distinguishing mark consisting of 1 or more numbers or letters or a combination of numbers and letters.

2. The holder of a fishery licence must not use a registered boat for the purposes of engaging in a fishing activity of a class that constitutes the fishery in respect of which he or she holds a licence unless the registered boat bears distinguishing marks that—

   (a)are painted or otherwise marked on each side of the registered boat; and

   (b)are painted or otherwise marked in legible figures; and

   (c)contain figures each of which—

   (i)are not less than 150 millimetres high; and

   (ii)are not less than 100 millimetres wide; and

   (iii)contains no line that is less than 30 millimetres broad; and

   (d)are clearly visible above the water line; and

   (e)are painted in—

   (i)black paint or otherwise marked in black if painted on a light coloured background; or

   (ii)white paint or otherwise marked in white if painted or marked on a dark coloured background.

   Maximum penalty: $2 500.

3. A person must not use a dinghy as a tender to a registered boat unless it bears bear the same distinguishing marks as the registered boat to which it is used as a tender with the addition of the letter "T" forming part of the distinguishing marks as a prefix to them.

   Maximum penalty: $2 500.

4. If a boat that has been a registered boat ceases to be a registered boat the owner must, as soon as practicable after the boat ceases to be a registered boat, remove or cause to be removed any distinguishing mark that had been painted or otherwise marked on the boat.

   Maximum penalty: $2 500.

17—Aquatic or benthic flora or fauna (section 48G(9) of the Act)

For the purposes of section 48G(9) of the Act, the species of fish specified in Schedule 7 are prescribed.

18—Mutilation of certain fish

1. If fish of a class or species to which this regulation applies are taken in the course of fishing from a boat, a person must not mutilate those fish before they are brought ashore or landed on a jetty or other landing place.

   Maximum penalty: $2 500.

2. In proceedings for an offence against subregulation (1) it will be presumed, in the absence of proof to the contrary, that any mutilated fish on a boat have been mutilated by the person in charge of the boat unless that person proves that some other person mutilated them and that he or she made reasonable efforts to prevent the mutilation.

(2a)This regulation applies to—

(a)shark of any species (Class Chondricthyes); and

(b)fish of a class or species referred to in Schedule 6.

1. This regulation does not apply in relation to—

   (a)fish that are on a boat and that within 24 hours of mutilation are to be consumed as food on that boat by persons who are on that boat; or

   (b)fish that are on a boat and that within 24 hours of mutilation are to be used as bait in the course of a fishing activity in which persons on that boat intend, and are lawfully entitled, to engage in.

2. In this regulation—

   mutilate, in relation to fish, means to divide, cut up, mangle or dismember fish in any way but does not include—

   (a)the removal of the guts or scales of fish; or

   (b)in the case of shark—

   (i)the removal of pelvic fins and claspers; or

   (ii)the removal of the tail at the sub-terminal notch, leaving the caudal lobe attached to the body.

19—Provisions relating to abalone fishing

1. A person must not remove from the shell abalone taken pursuant to a licence in respect of the Southern Zone Abalone Fishery unless the abalone is removed on land at the premises of a registered fish processor in the course of the business of the fish processor.

   Maximum penalty: $2 500.

2. An unlicensed person who takes abalone in the waters of the State must bring the abalone to a position above high water mark before the abalone is removed from its shell.

   Maximum penalty: $2 500.

3. A person who takes abalone in the waters of the State must have attached to his or her person an effective and accurate measuring device suitable for measuring abalone.

   Maximum penalty: $2 500.

4. A person who takes abalone in the waters of the State must measure each abalone by using a device of a kind referred to in subregulation (3) immediately after detaching the abalone from the rock or other place to which it was attached and must immediately, with care, replace on that rock or other place to which the abalone had been attached any abalone that is undersize.

   Maximum penalty: $2 500.

5. Subject to subregulation (6), a person must not have in his or her possession, control or custody abalone that has been removed from its shell.

   Maximum penalty: $2 500.

6. Subregulation (5) does not apply to a person who has in his or her possession, control or custody abalone that has been removed from its shell if—

   (a)being an unlicensed person, the person has complied with subregulation (2); or

   (b)the person is acting during the course of his or her work or employment at the premises of a registered fish processor that are situated on land; or

   (c)the abalone has previously been delivered to and processed at the premises of a registered fish processor that are situated on land; or

   (d)the abalone was taken pursuant to a licence in respect of the Western Zone Abalone Fishery or the Central Zone Abalone Fishery.

7. In this regulation—

   land does not include waters over land.

20—Keeping of fish in corfs

A person must not store or confine fish in a corf unless, there is attached to it a red buoy that—

(a)complies with these regulations; and

(b)is marked with the letter "C"; and

(c)—

(i)in the case of a corf owned by the holder of a fishery licence—is marked with the licence number;

(ii)in any other case—has attached to it a tag bearing the name and address of the owner of the corf.

Maximum penalty: $2 500.

21—Keeping of rock lobster

1. A person must not store or confine a rock lobster in a corf unless he or she holds a licence in respect of a rock lobster fishery.

   Maximum penalty: $2 500.

2. During the period commencing 1800 hours on 31 May in any year and ending 1200 hours on the following 1 November, a person must not store or confine live rock lobster taken from the Northern Zone (regardless of when the rock lobster were actually taken).

   Maximum penalty: $2 500.

3. Subregulation (2) does not apply to a registered fish processor who stores or confines live rock lobster in a holding tank situated on land.

22—Duty of rock lobster fishery licence holder to mark buoys

1. The holder of a licence in respect of a rock lobster fishery must not deposit in the waters of the fishery more than 2 buoys that are not attached to a device.

   Maximum penalty: $2 500.

2. The holder of a licence in respect of a rock lobster fishery must not deposit in the waters of the fishery a buoy that is not attached to a device unless the buoy—

   (a)complies with these regulations; and

   (b)is marked with the letter "M" and the licence number.

   Maximum penalty: $2 500.

23—Duty to clip tail fan of rock lobster

1. A person who takes a rock lobster in the waters of the State must, before the rock lobster is brought ashore or landed, clip its middle tail fan in half horizontally (across the tail) and remove it (see Schedule 4).

   Maximum penalty: $2 500.

2. Subregulation (1) does not apply in relation to rock lobster taken pursuant to a licence in respect of a rock lobster fishery.

24—Berleying

1. A person must not use blood, bone, meat, offal or skin of an animal as berley (otherwise than in a rock lobster pot or other fish trap) within 2 nautical miles of—

   (a)the mainland of the State; or

   (b)any island or reef that forms part of the State and is exposed at low water mark.

   Maximum penalty: $2 500.

2. A person must not deposit or use in marine waters of the State the body, or part of the body, of a mammal.

   Maximum penalty: $2 500.

24A—Commercial bait nets not to be left unattended

1. Subject to subregulation (2), a bait net that is registered for use pursuant to a fishery licence must not be left unattended after it has been set in waters from a registered boat.

2. A bait net that has a mesh size of not less than 50 millimetres may be left unattended for a continuous period not exceeding 12 hours.

3. If subregulation (1) is contravened, the registered owner and registered master of the registered boat are each guilty of an offence.

   Maximum penalty: $2 500.

25—Requirement to remove anchors etc from nets removed from Lakes and Coorong Fishery

1. A person who—

   (a)for the purpose of trade or business engages in a fishing activity of a class that constitutes the Lakes and Coorong Fishery; and

   (b)for the purposes of engaging in that activity places a net in the waters of the Fishery,

   must, on removing the net from those waters, immediately remove from those waters any buoy, anchor or other device or thing to which the net was attached.

   Maximum penalty: $2 500.

2. For the purposes of subregulation (1), if—

   (a)a net is removed from the waters of the Lakes and Coorong Fishery for the purpose of carrying out an action that is part of a fishing activity of a class that constitutes the Fishery; and

   (b)the net is returned to those waters immediately after the action is carried out,

   the net will not be taken to have been removed from the waters.

26—Marking of receptacles in which fish are transported, consigned for sale etc

1. A person who is—

   (a)the holder of a fishery licence; or

   (b)a registered fish processor; or

   (c)otherwise involved in a business that involves, the handling, storage, movement or dealing with fish,

   must not transport, consign for or have on sale, in a receptacle any fish unless there is legibly marked on the outside of the receptacle or on a label attached to the outside of the receptacle—

   (d)the person's full name or initials and surname; and

   (e)the person's address; and

   (f)if the person is the holder of a fishery licence or aquaculture licence—the person's licence number.

   Maximum penalty: $2 500.

2. In subregulation (1)—

   receptacle includes any container, box or other package.

Part 3—Miscellaneous

27—Fees

1. The fees set out in Schedule 5 are prescribed for the purposes of the Act and these regulations.

2. If application is made for the issue of a permit or the granting of an exemption by the Minister, the Minister may waive the prescribed fee if satisfied that it is appropriate to do so in a particular case.

3. If application is made for the issue of a permit or duplicate authority by the Director, the Director may waive the prescribed fee if satisfied that it is appropriate to do so in a particular case.

28—Notice of seizure of device

Pursuant to section 28(10)(d) of the Act, notice of seizure of a device must be given by notice published in the Gazette within 28 days of the seizure of the device containing—

(a)a description of the device; and

(b)the place where, and the date on which, it was seized; and

(c)the place where it may be inspected for a period of 1 month following the date of the notice.

29—Research and Development Fund—prescribed fishing industry body

For the purposes of section 32(3)(b)(ii) of the Act, the South Australian Fishing Industry Council is a prescribed fishing industry body.

30—Notice of address for service of documents

Pursuant to section 71 of the Act, notice of an address for service must be given to the Director—

(a)in the case of a person applying for a fishery licence—in the application for the licence;

(b)in the case of a person applying for renewal of a fishery licence—in the application for the renewal;

(c)in the case of a person who has given notice in accordance with paragraph (a) or (b) but who wishes to change the address given—by notice in writing left at or sent by prepaid post to the office of the Director.

31—Evidentiary provision

In proceedings for an offence against these regulations or any other regulations made under the Act, if it is proved that a person apparently over the age of 15 years was on board a registered boat on a particular day while the registered boat was being used for the purpose of engaging in a fishing activity of a class that constitutes a fishery, it will be presumed, in the absence of proof to the contrary, that the person was on that day engaged in the fishing activity for which purpose the registered boat was being used.

32—Expiation of alleged offences

1. The expiation fees set out in Schedule 9 are fixed for alleged offences against the Act or the regulations specified in the Schedule.

2. Text set out in italic type in a column headed "Description of Offence" in the tables in Schedule 9 is a description for convenience purposes only and is not to be taken to define the offence for which a particular amount is fixed as the expiation fee.

Schedule 1—Classes of fishing activities prescribed for purposes of section 41 of Act

1. The taking of fish in the waters of the State by any person for purposes other than trade or business by using a device other than—

   (a)a permitted device; or

   (b)a rod and line; or

   (c)a hand line.

2. The taking of fish by any person in the waters of the State by using wire trace of 2mm or greater gauge in conjunction with fishing hooks size 12/0 or greater.

3. The taking of fish in the waters of the State for purposes other than trade or business by using a mesh net other than a mesh net registered under regulation 8 in the name of a person who—

   (a)registered a mesh net under that regulation (or the regulation previously in force) before 30 January 1986; and

   (b)registered or applied for the registration of a mesh net pursuant to that regulation within 12 months after the expiration of the term of each such registration granted to that person whether before or after that date.

4. The taking of fish in coastal waters by an unlicensed person, otherwise than the taking of fish (other than rock lobster) in coastal waters by an unlicensed person by using a number of hoop nets such number being no less than 4 and no more than 10, if at the same time he is using no other device—

   (a)by using, at any 1 time, more than the permitted number of any kind of device referred to in column 1 of Table 1 the permitted number in respect of each device being the number appearing immediately alongside of each device in column 2 of Table 1; or

   (b)by using, at any 1 time, a combination of the different kinds of devices referred to in column 1 of Table 1 where such combination consists of or includes—

   (i)more than 2 kinds of the different kinds of devices referred to in Part A of Table 1; or

   (ii)more than 1 kind of the different kinds of devices referred to in Part B of Table 1.

   Table 1

Column 1	Column 2
Part A
hand net	1
spear gun	2
mussel dredge	1
Part B
rock lobster pot	2
hoop net	3
drop net	3

1. The taking of fish in coastal waters by an unlicensed person by using a fish net.

2. The taking of fish in coastal waters by a licensed person by using a hauling net—

   (a)from 1 a.m. on 23 December in any year to midnight on 1 January in the following year; or

   (b)from 1 a.m. on the Thursday preceding Easter Sunday in any year to midnight on the following Monday; or

   (c)from 1 a.m. hours on a Thursday in any year to midnight on the following Sunday if the Friday in that period is a public holiday; or

   (d)from 1 a.m. hours on a Friday in any year to midnight on the following Monday if that Monday is a public holiday.

3. The taking of fish in coastal waters by an unlicensed person by using a long line.

4. The taking of fish in the waters of the State by a licensed person by using a long line without attending the line.

5. The taking of fish by an unlicensed person in the River Murray proper by using—

   (b)a fish net; or

   (c)at any 1 time—

   (i)more hand nets than 1; or

   (ii)more shrimp traps than 1; or

   (iii)more yabbie pots than 3; or

   (iv)more drop nets than 3; or

   (v)more hoop nets than 10; or

   (vi)more than 1 kind of the kinds of devices referred to in subparagraphs (iii) and (iv); or

   (vii)more than 3 hoop nets and 2 different kinds of the kinds of devices referred to in subparagraphs (i) and (ii).

6. The taking of fish by any person in the waters of the State by use of a bow and arrow, except for the taking of carp (Family Cyprinidae)—

   (a)in the waters of the River Murray other than the main stream; and

   (b)during daylight hours; and

   (c)by use of a bow and arrow (not being a crossbow) where the person keeps, while using the bow and arrow, a distance of at least 50 metres from all other persons not directly involved in that fishing activity.

7. The taking of fish by an unlicensed person in Coorong (area 1) by using a fish net between midnight on 24 December in any year and sunset on 7 January in the following year.

8. The taking of fish by an unlicensed person—

   (a)in Coorong (area 1) during 1 April to 31 October (both inclusive); or

   (b)in Coorong (area 2),

   by using—

   (c)a mesh net—

   (i)the length of which exceeds 75 metres; or

   (ii)the mesh of which does not exceed 50 millimetres or exceeds 64 millimetres; or

   (d)a mesh net—

   (i)otherwise than by setting it so that it floats with no part of the net more than 1 metre below the surface of the water; or

   (ii)without attending the net; or

   (e)by using at any 1 time—

   (i)more mesh nets than 1; or

   (ii)more hand nets than 1; or

   (iii)more hoop nets than 10; or

   (iv)more than 3 hoop nets and 1 mesh net; or

   (v)more than 3 hoop nets and 1 hand net.

9. The taking of fish by an unlicensed person in Coorong (area 1) during 1 November to 31 March (both inclusive) by using—

   (a)a fish net; or

   (b)at any 1 time—

   (i)more hand nets than 1; or

   (ii)more hoop nets than 10; or

   (iii)more than 3 hoop nets and 1 hand net.

10. The taking of fish by an unlicensed person in Lakes Albert and Alexandrina by using—

    (b)a mesh net—

    (i)the length of which exceeds 75 metres; or

    (ii)the mesh of which does not exceed 110 millimetres or exceeds 150 millimetres; or

    (c)a mesh net—

    (i)otherwise than by setting it so that it floats with no part of the net more than 2 metres below the surface of the water; or

    (ii)without attending the net; or

    (d)at any 1 time—

    (i)more mesh nets than 1; or

    (ii)more hand nets than 1; or

    (iii)more shrimp traps than 1; or

    (iv)more yabbie pots than 3; or

    (v)more drop nets than 3; or

    (vi)more hoop nets than 10; or

    (vii)more than 2 different kinds of the kinds of devices referred to in subparagraphs (i), (ii) and (iii); or

    (viii)more than 1 kind of the kinds of devices referred to in subparagraphs (iv) and (v); or

    (ix)more than 3 hoop nets and 2 different kinds of the kinds of devices referred to in subparagraphs (i), (ii) and (iii).

16(1)     The taking of fish by an unlicensed person in Lake George by using, at any 1 time—

(a)more than 2 mesh nets; or

(b)more than 1 hand net.

1. In subclause (1)—

   mesh net means a mesh net that—

   (a)is not more than 75 metres in length; and

   (b)has a mesh size of at least 7 centimetres.

2. The taking of fish in the waters of the State by any person by using, at any 1 time, more than 2 rods and lines.

3. The taking of fish in the waters of the State by any person by using, at any 1 time, more than 2 hand lines.

4. The taking of fish in the waters of the State by any person by using—

   (a)a rod and line if at the same time he or she is using more than 1 hand line; or

   (b)a hand line if at the same time he or she is using more than 1 rod and line.

20(1)     The use of more than 1 teaser line by any person from a jetty, pier, wharf or breakwater abutting land.

1. The leaving unattended by any person of a teaser line after the line has been deployed in the waters of the State by that person.

2. In this clause—

   teaser line means a line (without an attached hook) used to lure or attract fish.

3. The taking of fish in the waters of the State by any person for purposes other than trade or business by using a mesh net or rock lobster pot that is not registered under regulation 8 in the name of that person.

4. The taking of fish in the waters of the State by a licensed person for the purposes of trade or business by using any device (other than a rod and line or hand line) that is not registered under regulation 9.

5. The taking of fish by any person—

   (a)in the waters of Lakes Albert and Alexandrina, the Coorong or in any contiguous waterway downstream of Wellington by using a mesh net or set line unless—

   (i)1 extremity of the net or line is marked by 2 floating black buoys that comply with these regulations; and

   (ii)the other extremity of the net or line is marked by a floating yellow buoy that complies with these regulations; and

   (iii)if the net or line exceeds 50 metres in length, the net or line is marked with floating red buoys that comply with these regulations and are placed at intervals not exceeding 50 metres; or

   (b)in the waters of the River Murray upstream of Wellington or in any contiguous waterway by using a mesh net or set line placed at a depth beneath the water of less than 1.7 metres unless—

   (i)the extremity of the net or line that is closest to the shore is marked by a floating yellow buoy that complies with these regulations; and

   (ii)the extremity of the net or line that is furthest from the shore is marked by a floating white buoy that complies with these regulations; and

   (iii)if the net or line exceeds 50 metres in length—the net or line is marked with floating red buoys that comply with these regulations and are placed at intervals not exceeding 50 metres; or

   (c)in the waters of the River Murray upstream of Wellington or in any contiguous waterway by using a mesh net or set line placed at a depth beneath the water of not less than 1.7 metres unless—

   (i)the extremity of the net or line that is closest to the shore is marked by a floating yellow buoy that complies with these regulations; and

   (ii)the net or line is marked with a floating white buoy that complies with these regulations and the buoy is placed at a distance of at least 3 metres from the yellow buoy, indicating the direction in which the net or line is placed; or

   (d)in any other waters of the State by using a mesh net or set line unless—

   (i)1 extremity of the net or line is marked by a floating yellow buoy that complies with these regulations; and

   (ii)the other extremity of the net or line is marked by 2 floating black buoys that comply with these regulations.

6. The taking of fish by any person in the waters of the State by using a fish net (other than a mesh net or drum net) unless—

   (a)1 extremity of the net is marked by a floating yellow buoy that complies with these regulations; and

   (b)the other extremity of the net is marked by 2 floating black buoys that comply with these regulations.

7. The taking of fish by a licensed person by using a drop line that is not marked by a floating yellow buoy that complies with these regulations.

8. The taking of fish by a licensed person by using a trot line that is not marked—

   (a)at 1 end by a floating yellow buoy that complies with these regulations; and

   (b)at the other end by 2 floating black buoys both of which comply with these regulations.

9. The taking of fish in the waters of the State by a licensed person by using more than 400 hooks attached to a set line or set lines.

28(1)     The taking of fish by a licensed person by using a device (other than a rod and line, handline or hand held device) that does not have—

(a)in the case of a device required by these regulations to have a buoy or buoys attached to it—the person's licence number marked on the buoy or buoys or on a tag that complies with these regulations and is attached to the device;

(b)in any other case—a tag attached to the device that complies with these regulations and bears the person's licence number.

1. For the purposes of subclause (1), licensed person does not include a person who holds a licence in respect of the River Fishery.

2. The taking of fish by any person in inland waters by using a yabbie pot that—

   (a)is more than 1 metre at its greatest dimension; or

   (b)has no more than 2 entrance funnels; or

   (c)has an entrance funnel that exceeds 7.5 centimetres at its narrowest part.

3. The taking of fish by any person—

   (a)by using a fish net in any of the waters of the State specified in Schedule 2 Part 1; or

   (b)by using a gill net, purse seine net or other hauling net in any of the waters of the State specified in Schedule 2 Part 2.

4. The taking of fish by any person by using a fish net in the following waters between 1 January and 31 March (both days inclusive) in any year:

   Bay of Shoals

   Comprising all the waters of the Bay of Shoals inside a line drawn from The Bluff (latitude 35°38.30′S, longitude 137°37.08′E) to Cape Rouge (latitude 35°35.87′S, longitude 137°37.53′E).

1. The taking of fish by any person in the waters of the State, except the waters of the Coorong and the River Murray, by using a fish net within 100 metres of any line or part of a line which is held in the hand of any person or is attached to any rod or reel which is held in the hand of any person.

2. The taking of fish by any person by using a hauling net that exceeds 370 metres in length in the following waters:

   Venus Bay (West Coast)

   Comprising all the waters of Venus Bay adjoining the hundreds of Wright and Rounsevell, county of Robinson bounded as follows:

   Situated west of a straight line extending southerly across Venus Bay from the most westerly corner of section 72, hundred of Wright to the Trigonometrical Station on Point Weyland, south of Block C, hundred of Rounsevell.

3. The taking of fish by any person by using a fish net—

   (a)in the waters of Spencer Gulf situated northerly from the parallel of latitude passing through the beacon on Douglas Bank (being latitude 32°48.54′S); or

   (b)in the waters of Spencer Gulf commencing at the 5 metre mark near Gibbon Point, longitude 136°47.00′E, then easterly along latitude 33°50.00′S to intersect longitude 137°14.00′E, then northerly to the 5 metre mark near Shoal Water Light; or

   (c)in any other waters of Spencer Gulf (being waters that are deeper than 5 metres), other than—

   (i)the taking of fish by any person by using a large mesh net; or

   (ii)the taking of salmon (Arripis truttaceus) by a licensed person by using a fish net; or

   (iii)the taking of fish by a licensed person by using a fish net, such fish being taken for live bait for tuna poling.

4. The taking of fish by any person by using a fish net, otherwise than the taking of fish by a licensed person by using a fish net to take live bait for tuna poling, in the following waters:

   Streaky Bay—Blanche Port

   Those waters of Streaky Bay and Blanche Port bounded as follows:

   Commencing at a point at high water mark on Point De Mole, latitude 32° 30′ 25″ south and longitude 133° 59′ 20″ east, then along the geodesic (165°T) to a point at high water mark on Cape Bauer, (Wandoma) latitude 32° 43′ 22″ south and longitude 134° 03′ 25″ east, then following the line of high water mark around Blanche Port and Streaky Bay back to the point of commencement.

5. The taking of fish by any person by using a fish net having a mesh of less than 7 centimetres in the following waters:

   Lake George, Beachport

   All the waters of Lake George situated in the Hundreds of Lake George and Rivoli Bay.

6. The taking of fish by any person by using a fish net in any of the waters of the ocean and bays and gulfs of the State between the meridians of longitude 129° east and 140° 58′ 00″ east at a depth exceeding 5 metres otherwise than—

   (a)the taking of fish by a large mesh net; or

   (b)the taking of salmon (Arripis truttaceus) by a licensed person by using a fish net; or

   (c)the taking of fish by a licensed person by using a fish net for the purposes of live bait for tuna poling; or

   (d)the taking of fish by a licensed person by using a bait net for the purpose of bait to be used for the taking of rock lobster in the waters of the fishery in respect of which he or she holds a licence.

38(1)     The taking of fish by any person by using any device (other than a rod and line, hand line or hand net) in the following waters:

Kangaroo Island Rivers

The waters of Chapman's River (Hundred of Dudley), Harriet River (Hundred of Newland), Eleanor River (Hundreds of Newland and Seddon), Western River (Hundreds of Duncan and Gosse) and Middle River (Hundred of Duncan), together with all waters of the sea within a radius of 50 metres of the mouth of each of those rivers.

River Onkaparinga

The waters of the River Onkaparinga.

Baird Bay

The waters of Baird Bay (West Coast).

Port MacDonnell

Those waters of the ocean bounded as follows:

All the waters below high water mark within a radius of 0.55 of a nautical mile from the seaward lead light at the shoreward end of the Port MacDonnell jetty, position latitude 38° 03.4′ south and longitude 140° 42.2′ east (excluding the waters referred to in subclause (2)).

1. The taking of fish—

   (a)by any unlicensed person by using any device other than a rod and line, hand line or hand net; or

   (b)by any licensed person by using any device other than a rod and line, hand line or hand net,

   in the following waters:

   Port MacDonnell (Special Area)

   The waters of Port MacDonnell bounded as follows:

   Commencing at a point at high water mark on the shore at the western edge of Hammond's Drain, latitude 38° 03′ 20″ south, longitude 140° 42′ 32″ east, then in a direction of 170°T towards the navigation light on the seaward end of the Port MacDonnell breakwater, for a distance of 300 metres, then in a generally easterly direction, remaining 300 metres from the high water mark on the shore, to the point of intersection with the 0.55 nautical mile radial line described in subclause (1), then following that line to high water mark on the shore, then along the high water mark in a generally westerly direction to the point of commencement.

39(1)     The taking of fish by any person in the waters described in subclause (2)—

(a)other than the taking of short finned eel (Anguilla australis occidentalis) using a fyke net that complies with the following requirements:

(i)the net must not be more than 1.5 metres in height, length and width; and

(ii)none of the entrance funnels of the net may exceed 6 centimetres at their narrowest part; and

(iii)if made of mesh material, (whether rigid or flexible), the mesh must be such as to allow a cylindrical rod 0.9 centimetres in diameter to be passed freely through it; and

(iv)if made of fish netting, the mesh of the netting must be of at least 3 centimetres; and

(b)other than the taking of any fish (other than short finned eel) by a rod and line, hand line, hand net or yabbie pot.

1. The waters referred to are as follows:

   Counties of MacDonnell, Robe and Grey

   The inland waters within the counties of MacDonnell, Robe and Grey bounded by the geodesic commencing at a point on high water mark on the seashore on the northern boundary of the county of MacDonnell, then along that boundary to the Victorian Border, then around the corner to the southern boundary of the county of Grey on the seashore, then following high water mark to the point of commencement, but excluding the waters of Lake George.

2. The taking of fish (other than by the power hauling method of fishing) by any person in coastal waters by using a hauling net or seine net that—

   (a)exceeds 600 metres in length; or

   (b)exceeds 10 metres in depth; or

   (c)has a mesh size of less than 30 millimetres; or

   (d)has attached to it a rope or ropes the length or combined lengths of which exceed 100 metres.

3. The taking of fish by a licensed person in coastal waters by using a mesh net or gill net that—

   (a)exceeds 600 metres in length; or

   (b)exceeds 5 metres in depth; or

   (c)has a mesh of less than 5 centimetres; or

   (d)has attached to it a rope or ropes, other than floating rope; or

   (e)has, except where such net is used as a swinger net, attached to it a rope or ropes the length or combined length of which exceeds 100 metres.

4. The taking of fish by any person in the waters of the State by using a large mesh net that exceeds 600 metres in length.

5. The taking of fish by any person by using a large mesh net that has been left in the waters of the State for any period comprised of more than 4 consecutive hours.

6. The taking of fish in the waters of the State by any person by using, at any 1 time, more than 5 large mesh nets.

7. The taking of fish by any person in the waters of Gulf St. Vincent or Spencer Gulf by using a large mesh net that has not been shot out in a straight line.

46(1)     The taking of fish (other than prawn) and other than by the power hauling method of fishing) by any person in any of the following waters by the use of a net being towed behind a moving boat or by the hauling of a net through the water by means other than by hand from a boat:

(a)those waters of Spencer Gulf of a depth of less than 40 metres;

(b)all those waters of Gulf St. Vincent north of the geodesic joining Troubridge Point, Yorke Peninsula and Cape Jervis, Fleurieu Peninsula;

(c)all those waters of the State of a depth of less than 20 metres.

1. The taking of fish by any person by using a pipeline through which water is pumped from any waters of the State.

2. The taking of fish in the waters of the State by any person by—

   (a)the explosion of any substance (other than by use of a spear gun); or

   (b)the use of any anaesthetic, narcotic or poisonous substance.

3. The taking of fish by any person by using a fish net that has been fixed, set or staked across any bay, inlet, river, creek or tidal water or the greater part of any bay, inlet, river, creek or tidal water.

4. The taking of fish by any person by fixing or placing any stake, log, stone or other article or thing, other than a fish net, across—

   (a)the whole or any part of the mouth of any waters; or

   (b)the whole or any part of any channel, creek, stream, river or tidal waters,

   in such a manner as is likely to impair the free passage of fish in those waters.

5. The taking of salmon (Arripis truttaceus) by any person in the waters of the State by using a purse seine net that—

   (a)exceeds 900 metres in length; or

   (b)exceeds 13 metres in depth; or

   (c)has a mesh size of less than 50 millimetres.

6. The taking of fish by any person in the waters of the State by using a shrimp trap that—

   (a)exceeds 400 millimetres at its greatest dimension; or

   (b)exceeds 200 millimetres in height; or

   (c)has a net forming part of the trap which has a mesh of less than 5 millimetres; or

   (d)has an entrance or opening the diameter of which exceeds 30 millimetres.

54(1)     The taking of fish by a licensed person by means of a fish trap unless—

(a)the fish trap has a buoy attached that complies with these regulations and is marked with a black stripe 5 centimetres in width visible above the water; and

(b)the fish trap does not exceed 2.0 metres at its greatest dimension; and

(c)each opening in the fish trap is either—

(i)rectangular; or

(ii)the shape of a funnel; and

(d)in the case of an opening in the fish trap that is rectangular, the opening—

(i)is not greater in size than 20 centimetres x 6 centimetres; and

(ii)has a rigid frame of steel rod not less than 1.25 centimetres in diameter; and

(e)in the case of an opening in a fish trap that is the shape of a funnel, the inner opening of the funnel is—

(i)rectangular; and

(ii)not greater in size than 20 centimetres x 6 centimetres; and

(iii)has a rigid frame of steel rod not less than 1.25 centimetres in diameter.

1. The taking of ocean leather jacket (Nelusetta ayraudi) in waters deeper than 60 metres by a licensed person by means of a fish trap unless—

   (a)the trap complies with the following requirements:

   (i)the trap must not, when calculated by measuring its outside dimensions, exceed 1 cubic metre in volume;

   (ii)the trap must be cylindrical, rectangular or square in shape;

   (iii)the trap must—

   (A)have not more than 2 openings each not exceeding 30 centimetres in length and 8 centimetres in width; and

   (B)be constructed of rigid steel rod not less than 0.8 centimetres in diameter; and

   (b)a buoy that—

   (i)complies with these regulations; and

   (ii)is marked with a black stripe that is 5 centimetres wide and visible above the water,

   is attached to the trap.

56(1)     The taking of prawn by a licensed person in coastal waters by using a prawn trawl net that—

(a)has a mesh size of less than 45 millimetres; or

(b)has a headline the length of which exceeds 40 metres.

1. For the purpose of this clause, the mesh must be measured from the middle of the knot and the length of the headline includes the length of the headline of any other net combined with it if used at the same time.

57(1)     The taking of fish by any person pursuant to a licence under the Scheme of Management (Prawn Fisheries) Regulations 1991 in Gulf St. Vincent (as defined in those regulations) by use of—

(a)a trawl net the length of the headline of which exceeds 29.26 metres; or

(b)more than 1 trawl net at any 1 time where the combined length of the headlines of all the nets exceeds 29.26 metres; or

(c)—

(i)a boat that has—

(A)an overall length exceeding 22 metres; and

(B)a main engine the continuous brake power rating of which exceeds 272 kW; and

(ii)a trawl net or trawl nets other than as a single or double rig.

1. The taking of fish by any person pursuant to a licence under the Scheme of Management (Prawn Fisheries) Regulations 1991 in Gulf St. Vincent (within the meaning of those regulations) by use of—

   (a)a boat that has—

   (i)an overall length not exceeding 15.2 metres; and

   (ii)a main engine the continuous brake horse power rating does not exceed 224 kW; and

   (b)—

   (i)a trawl net the length of the headline of which exceeds 27.43 metres; or

   (ii)more than 1 trawl net at any 1 time where the combined length of the headlines of all the nets exceeds 27.43 metres; or

   (iii)a trawl net or trawl nets other than as a single, double or triple rig.

2. The taking of fish by any person pursuant to a licence under the Scheme of Management (Prawn Fisheries) Regulations 1991 in Spencer Gulf (as defined in those regulations) by use of—

   (a)a boat that has—

   (i)an overall length exceeding 22 metres; and

   (ii)a main engine the continuous brake power of which exceeds 272 kW; or

   (b)a trawl net the length of the headline of which exceeds 29.26 metres; or

   (c)more than 1 trawl net at any 1 time where the combined length of the headlines of all the nets exceeds 29.26 metres; or

   (d)a trawl net or trawl nets other than as a single or double rig.

3. The taking of fish by any person pursuant to a licence under the Scheme of Management Prawn (Fisheries) Regulations 1991 in West Coast Waters (as defined in those regulations) by use of—

   (a)a boat that has—

   (i)an overall length exceeding 22 metres; and

   (ii)a main engine the continuous brake power rating of which exceeds 272 kW; or

   (b)a trawl net the length of the headline of which exceeds 29.26 metres; or

   (c)more than 1 trawl net at any 1 time where the combined length of the headlines of all the nets exceeds 29.26 metres; or

   (d)a trawl net or trawl nets other than as a single or double rig.

4. The taking of undersize fish by any person in the waters of the State.

5. The taking in any 1 day by a licensed person of more than 50 razor fish (Pinna bicolor) in the waters of the State.

6. The taking of razor fish (Pinna bicolor) by a person during the months of January, February, October, November and December in waters bounded by an imaginary line commencing at high water mark on the western shoreline of Spencer Gulf position latitude 32° 41.5′ south, longitude 137° 45.2′ east, then due east to Beacon No. 8, then generally northerly following a line which is drawn through Beacons No. 9, 13, 20, 19, 21, 23 to Beacon No. 28 then due west to high water mark on the shore at Curlew Point at position latitude 32° 32.6′ south, longitude 137° 45.9′ east, then generally southerly along high water mark back to the point of commencement.

7. The taking of molluscs by any person in the waters known as West Lakes and foreshore areas (including reserves for public use) adjacent to those waters.

8. The taking of cockle (Katelysia spp.) by a licensed person for the purposes of trade or business from waters—

   (a)within 50 metres of the shore along the Coffin Bay township from Quinlan Point, position latitude 34° 37′S, longitude 135° 27′E, to the point where the underground cable enters the water, position latitude 34° 37.2′S, longitude 135° 28.6′E; or

   (b)within 50 metres of the shore of Goat Island.

9. The taking by any person of a benthic marine organism in the area of a rocky reef and its waters—

   (a)adjacent to the State; or

   (b)adjacent to an off-shore island forming part of the State,

   being the area that extends from the high water mark seawards to a depth of waters of 2 metres.

66(1)     The taking by an unlicensed person, in the waters specified in column 1 of the table below, of fish of the class specified in column 2 from a boat from which the quantity specified in column 3 has already been taken by unlicensed persons on the same day.

1. The taking by an unlicensed person in any 1 day, in the waters specified in column 1 of the table below, of more fish of the class specified in column 2 than the quantity specified in column 4.

   Table—Recreational non-charter boat fishing daily boat and bag limits

Column 1 Waters	Column 2 Species of fish	Column 3 Maximum quantity per boat per day	Column 4 Maximum quantity per person per day
Bream
The waters of the State	Bream (Acanthopagrus spp.)	30	10
Calamary and cuttlefish
The waters of the State	Calamary (Sepioteuthis australis)	45	15
The waters of the State	Cuttlefish (Sepia spp.)	45	15
Callop
The waters of the State	Callop (golden perch (Macquaria ambigua))	15	5
The waters of the State	Callop (Lake Eyre perch (Macquaria n.sp)	15	5
Catfish
The waters of the Cooper Creek or the Diamantina Creek (including the anabranches and lakes of those creeks)	Large catfish (Family Plotosidae)	6	2
The waters of the Cooper Creek or the Diamantina Creek (including the anabranches and lakes of those creeks)	Small catfish (Family Plotosidae)	30	10
Crab
The waters of the State	Blue crab (Portunus pelagicus)	120	40
The waters of the State	Sand crab (Ovalipes australiensis)	120	40
Flathead
The waters of the State	Flathead (Platycephalus spp.)	30	10
Flounder
The waters of the State	Flounder (Family Bothidae or Pleuronectidae)	60	20
Garfish
The waters of the State	Garfish (Hyporhamphus melanochir)	180	60
Groper
The waters of the State (other than those waters specified in regulation 6(d))	Blue groper (Achoerodus gouldii)	6	2
Grunter
The waters of the State other than the waters of the Cooper Creek or the Diamantina Creek (and the anabranches and lakes of those creeks)	Grunter (Family Teraponidae)	15	5
Morwong
The waters of the State	Blue morwong (Nemadactylus valenciennesi)	15	5
Mullet
The waters of the State	Mullet (Family Mugilidae)	180	60
Mulloway
The waters of the State other than Coorong (area 1) or Coorong (area 2)	Mulloway (Argyrosomus hololepidotus)	6	2
Nannygai, red snapper and swallowtail
The waters of the State	Nannygai (Centroberyx affinis)	30	10
The waters of the State	Red snapper (Centroberyx gerrardi)	30	10
The waters of the State	Swallowtail (Centroberyx lineatus)	30	10
Razorfish
The waters of the State	Razorfish (Pinna bicolor)	150	50
Salmon
The waters of the State	Large salmon (Arripis truttaceus)	30	10
The waters of the State	Small salmon (Arripis truttaceus)	60	20
Samson fish and yellowtail kingfish
The waters of the State	Samson fish (Seriola hippos)	6	2
The waters of the State	Yellowtail kingfish (Seriola grandis)	6	2
Scallop
The waters of the State	Scallop (Family Pectinidae)	300	100
Shark
The waters of the State	Gummy shark (Mustelus antarcticus)	6	2
The waters of the State	School shark (Galeorhinus galeus)	6	2
Snapper
The waters of the State	Large snapper (Pagrus auratus)	6	2
The waters of Gulf St. Vincent, Investigator Strait and Backstairs Passage	Small snapper (Pagrus auratus)	15	5
The waters of the State other than the waters of Gulf St. Vincent, Investigator Strait and Backstairs Passage	Small snapper (Pagrus auratus)	30	10
Snook
The waters of the State	Snook (Sphyraena novaehollandiae)	60	20
Sweep
The waters of the State	Sweep (Genus Scorpis)	60	20
Tommy ruff
The waters of the State	Tommy ruff (Arripis georgianus)	180	60
Trevally
The waters of the State	Silver trevally (Pseudocaranx dentex)	60	20
Tuna
The waters of the State	Southern bluefin tuna (Thunnus maccoyii)	6	2
The waters of the State	Yellowfin tuna (Thunnus albacares)	6	2
Whiting
The waters of the State	King George whiting (Sillaginodes punctatus)	36	12
The waters of the State	Yellowfin whiting (Sillago schomburgkii)	60	20

Fisheries (General) Regulations 2000
Regulation		Description of offence	Expiation Fee
10		Failing to produce certificate of registration (recreational)	$50
13		Carrying spear etc in specified areas defined in Schedule 3	$50
14		Carrying spear etc while using scuba	$50
15		Carrying devices in specified waters—locks/weirs of River Murray	$100
16(2)		Using registered boat not bearing distinguishing marks	$100
16(3)		Using dinghy not bearing distinguishing marks as tender to registered boat	$100
16(4)		Failing to remove distinguishing marks from boat no longer registered	$50
18(1)		Mutilating certain fish	$100
19(2)		Failing to bring abalone above high water mark before removing shell (recreational)	$100
19(3)		Failing to carry measuring device for measuring abalone	$100
19(4)		Failing to replace undersize abalone	$100
19(5)		Having possession, control or custody of abalone removed from shell	$200
20		Storing or confining fish in corf not tagged and marked as required	$50
21(1)		Storing or confining rock lobster in corf	$300
21(2)		Storing or confining, out of season, live rock lobster taken from Northern Zone Rock Lobster Fishery	$300
22(1)		Depositing more than 2 buoys not attached to device (holder of rock lobster fishery licence)	$50
22(2)		Depositing buoy not marked as required (holder of rock lobster fishery licence)	$50
23(1)		Failing to remove middle fan tail of rock lobster before landing (recreational)	$300
24(1)		Using berley in certain waters	$100
24(2)		Depositing or using in marine waters body or part of body of mammal	$100
24A(3)		Leaving bait net unattended after setting net in waters (commercial)	$300
25(1)		Failing to remove net buoys, anchors etc after completing netting in Lakes and Coorong (commercial)	$50
26(1)		Failing to mark receptacles in which fish transported etc (commercial)	$50

Fisheries (Exotic Fish, Fish Farming and Fish Diseases) Regulations 2000
Regulation		Description of offence	Expiation Fee
9(1)		Conducting fish farming operation without being registered	$200
9(5)		Failing to lodge statistical returns	$100
26(1)		Failing to keep records	$100

Legislative history

Notes

•This version is comprised of the following:

Part 1	20.10.2005
Part 2	1.7.2007
Part 3	24.6.2004
Schedule 1	22.3.2007
Schedule 2	11.8.2005
Schedule 3	1.1.2003 (Reprint No 12)
Schedule 4	1.1.2003 (Reprint No 12)
Schedule 5	1.7.2007
Schedule 6	20.10.2004
Schedule 7	1.1.2003 (Reprint No 12)
Schedule 8	1.11.2004
Schedule 9	20.10.2005

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

These regulations became obsolete on the repeal of the Fisheries Act 1982 on 1.12.2007.

Principal regulations and variations

Year	No	Reference	Commencement
2000	222	Gazette 31.8.2000 p1235	1.9.2000: r 2
2001	15	Gazette 1.3.2001 p812	1.3.2001: r 2
2001	134	Gazette 28.6.2001 p2424	1.7.2001: r 2
2001	144	Gazette 28.6.2001 p2453	1.7.2001: r 2
2001	186	Gazette 26.7.2001 p2795	26.7.2001: r 2
2001	261	Gazette 13.12.2001 p5419	13.12.2001: r 2
2002	40	Gazette 6.6.2002 p2097	6.6.2002: r 2
2002	45	Gazette 14.6.2002 p2150	14.6.2002: r 2
2002	128	Gazette 20.6.2002 p2677	1.7.2002: r 2—disallowed on 29.8.2002 (Gazette 5.9.2002 p3362)
2002	187	Gazette 26.9.2002 p3547	26.9.2002: r 2
2002	203	Gazette 31.10.2002 p4008	31.10.2002: r 2
2002	208	Gazette 7.11.2002 p4063	7.11.2002: r 2
2002	228	Gazette 12.12.2002 p4611	12.12.2002 except r 3—1.1.2003: r 2
2003	7	Gazette 23.1.2003 p324	23.1.2003: r 2
2003	141	Gazette 5.6.2003 p2407	Pt 2 (r 5)—1.7.2003: r 2
2003	146	Gazette 12.6.2003 p2498	1.7.2003: r 2
2003	170	Gazette 14.8.2003 p3241	14.8.2003: r 2
2003	184	Gazette 28.8.2003 p3388	1.9.2003: r 2
2003	218	Gazette 30.10.2003 p3940	30.10.2003: r 2
2004	9	Gazette 19.2.2004 p535	19.2.2004: r 2
2004	137	Gazette 24.6.2004 p2301	Pt 3 (rr 7& 8)—24.6.2004: r 2
2004	205	Gazette 23.9.2004 p3710	1.10.2004: r 2
2004	206	Gazette 23.9.2004 p3712	1.10.2004: r 2—disallowed on 28.10.2004 (Gazette 4.11.2004 p4150)
2004	229	Gazette 28.10.2004 p4138	1.11.2004: r 2
2005	138	Gazette 16.6.2005 p1834	Pt 3 (r 6)—16.6.2005: r 2
2005	178	Gazette 11.8.2005 p3016	11.8.2005: r 2
2005	204	Gazette 22.9.2005 p3392	22.9.2005: r 2
2005	205	Gazette 22.9.2005 p3413	Sch 3 (cl 14)—1.10.2005: r 2
2005	220	Gazette 20.10.2005 p3753	20.10.2005: r 2
2006	15	Gazette 25.1.2006 p376	25.1.2006: r 2
2006	136	Gazette 15.6.2006 p1859	Pt 3 (r 6)—15.6.2006: r 2
2006	138	Gazette 15.6.2006 p1870	Pt 3 (r 5)—1.7.2006: r 2
2007	25	Gazette 22.3.2007 p889	22.3.2007: r 2
2007	124	Gazette 7.6.2007 p2477	Pt 3 (r 5)—1.7.2007: r 2
2007	175	Gazette 21.6.2007 p2698	Pt 3 (rr 8—10)—21.6.2007: r 2

Provisions varied

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
Pt 1
r 2	deleted under Legislation Revision and Publication Regulations 2002	24.6.2004
r 4
r 4(1)
bait net	inserted by 220/2005 r 4(1)	20.10.2005
blue crab	inserted by 204/2005 r 4(1)	22.9.2005
blue groper	inserted by 204/2005 r 4(1)	22.9.2005
calamary	inserted by 204/2005 r 4(1)	22.9.2005
callop (golden perch)	inserted by 204/2005 r 4(1)	22.9.2005
callop (Lake Eyre perch)	inserted by 204/2005 r 4(1)	22.9.2005
catfish	inserted by 204/2005 r 4(1)	22.9.2005
Charter Boat Fishery	inserted by 204/2005 r 4(1)	22.9.2005
corf	inserted by 203/2002 r 3	31.10.2002
crab net	substituted by 146/2003 r 4	1.7.2003
cuttlefish	inserted by 204/2005 r 4(2)	22.9.2005
Gulf St. Vincent, Investigator Strait and Backstairs Passage	inserted by 204/2005 r 4(3)	22.9.2005
gummy shark	inserted by 204/2005 r 4(3)	22.9.2005
large catfish	inserted by 204/2005 r 4(4)	22.9.2005
large mulloway	inserted by 204/2005 r 4(5)	22.9.2005
large salmon	inserted by 204/2005 r 4(5)	22.9.2005
large snapper	inserted by 204/2005 r 4(5)	22.9.2005
length	substituted by 204/2005 r 4(5)	22.9.2005
mulloway	inserted by 204/2005 r 4(6)	22.9.2005
non-commercial purpose	inserted by 220/2005 r 4(2)	20.10.2005
Northern Zone	inserted by 220/2005 r 4(2)	20.10.2005
permitted device	varied by 40/2002 r 3(a)	6.6.2002
pilchard net	substituted by 7/2003 r 4	23.1.2003
rock lobster fishery	inserted by 15/2001 r 3	1.3.2001
salmon	inserted by 204/2005 r 4(7)	22.9.2005
sand crab	inserted by 204/2005 r 4(7)	22.9.2005
sand crab pot	inserted by 261/2001 r 3	13.12.2001
varied by 40/2002 r 3(b)	6.6.2002
school shark	inserted by 204/2005 r 4(8)	22.9.2005
small catfish	inserted by 204/2005 r 4(9)	22.9.2005
small mulloway	inserted by 204/2005 r 4(10)	22.9.2005
small salmon	inserted by 204/2005 r 4(10)	22.9.2005
small snapper	inserted by 204/2005 r 4(10)	22.9.2005
snapper	inserted by 204/2005 r 4(10)	22.9.2005
southern bluefin tuna	inserted by 204/2005 r 4(10)	22.9.2005
Southern Zone	inserted by 220/2005 r 4(3)	20.10.2005
yellowfin tuna	inserted by 204/2005 r 4(11)	22.9.2005
r 4(6)	substituted by 220/2005 r 4(4)	20.10.2005
Pt 2
r 6	varied by 15/2006 r 4(1), (2)	25.1.2006
r 8
r 8(2a)	inserted by 186/2001 r 3(a)	26.7.2001
r 8(3a)	inserted by 186/2001 r 3(b)	26.7.2001
r 8(5)	varied by 186/2001 r 3(c)	26.7.2001
r 8(7)—(9)	inserted by 186/2001 r 3(d)	26.7.2001
r 9
r 9(2)	substituted by 40/2002 r 4	6.6.2002
r 9(2a)	inserted by 40/2002 r 4	6.6.2002
substituted by 175/2007 r 8(1)	21.6.2007
r 9(2b)	inserted by 40/2002 r 4	6.6.2002
r 9(2c)	inserted by 40/2002 r 4	6.6.2002
varied by 175/2007 r 8(2)	21.6.2007
r 9(2d)	inserted by 40/2002 r 4	6.6.2002
r 9(5a)	inserted by 261/2001 r 4	13.12.2001
r 18
r 18(1)	varied by 170/2003 r 4(1)	14.8.2003
r 18(2a)	inserted by 170/2003 r 4(2)	14.8.2003
r 18(4)
mutilate	substituted by 170/2003 r 4(3)	14.8.2003
r 19
r 19(1)	varied by 228/2002 r 3	1.1.2003
r 19(6)	varied by 184/2003 r 4	1.9.2003
r 21
r 21(1)	r 21 redesignated as r 21(1) by 229/2004 r 4	1.11.2004
r 21(2)	inserted by 229/2004 r 4	1.11.2004
varied by 220/2005 r 5	20.10.2005
r 21(3)	inserted by 229/2004 r 4	1.11.2004
r 22	substituted by 15/2001 r 4	1.3.2001
r 24A	inserted by 220/2005 r 6	20.10.2005
r 26
r 26(1)	varied by 205/2005 Sch 3 cl 14	1.10.2005
r 26A	inserted by 206/2004 r 4	1.10.2004—disallowed 28.10.2004
Pt 3
r 27
r 27(1)	r 27 redesignated as r 27(1) by 137/2004 r 7	24.6.2004
r 27(2) and (3)	inserted by 137/2004 r 7	24.6.2004
Sch 1
cl 9	deleted by 40/2002 r 5(a)	6.6.2002
cl 10	(a) deleted by 40/2002 r 5(b)	6.6.2002
cl 15	(a) deleted by 40/2002 r 5(c)	6.6.2002
cl 16	substituted by 40/2002 r 5(d)	6.6.2002
cl 20	substituted by 134/2001 r 3(a)	1.7.2001
cl 21	varied by 186/2001 r 4(a)	26.7.2001
cl 30	substituted by 178/2005 r 4	11.8.2005
cl 37	varied by 220/2005 r 7(1)	20.10.2005
cl 52	deleted by 40/2002 r 5(e)	6.6.2002
cl 57
cl 57(1)	varied by 15/2001 r 5	1.3.2001
cl 61	varied by 134/2001 r 3(b)	1.7.2001
cl 66 before substitution by 204/2005
cl 66(2)
catfish	inserted by 134/2001 r 3(c)	1.7.2001
King George whiting	varied by 205/2004 r 4(1), (2)	1.10.2004
large catfish	inserted by 134/2001 r 3(d)	1.7.2001
large salmon	substituted by 134/2001 r 3(d)	1.7.2001
length	varied by 134/2001 r 3(e)	1.7.2001
small catfish	inserted by 134/2001 r 3(f)	1.7.2001
small salmon	inserted by 134/2001 r 3(f)	1.7.2001
table	substituted by 134/2001 r 3(g)	1.7.2001
cl 66	substituted by 204/2005 r 5(1)	22.9.2005
cl 67	substituted by 204/2005 r 5(1)	22.9.2005
varied by 220/2005 r 7(2)	20.10.2005
cl 67A	inserted by 134/2001 r 3(h)	1.7.2001
deleted by 204/2005 r 5(1)	22.9.2005
cl 68	substituted by 134/2001 r 3(i)	1.7.2001
substituted by 204/2005 r 5(1)	22.9.2005
cl 69	substituted by 204/2005 r 5(1)	22.9.2005
cl 69(2)	varied by 220/2005 r 7(3)	20.10.2005
cl 70	substituted by 204/2005 r 5(1)	22.9.2005
cl 71	substituted by 204/2005 r 5(1)	22.9.2005
cl 72	substituted by 204/2005 r 5(1)	22.9.2005
cl 73	substituted by 204/2005 r 5(1)	22.9.2005
cl 74	substituted by 134/2001 r 3(j)	1.7.2001
substituted by 204/2005 r 5(1)	22.9.2005
cl 75	substituted by 134/2001 r 3(k)	1.7.2001
substituted by 204/2005 r 5(1)	22.9.2005
cl 76	substituted by 134/2001 r 3(l)	1.7.2001
substituted by 204/2005 r 5(1)	22.9.2005
cl 77	substituted by 134/2001 r 3(m)	1.7.2001
deleted by 204/2005 r 5(1)	22.9.2005
cll 77A—77D	inserted by 134/2001 r 3(m)	1.7.2001
deleted by 204/2005 r 5(1)	22.9.2005
cl 81A	inserted by 261/2001 r 5	13.12.2001
cl 84	deleted by 186/2001 r 4(b)	26.7.2001
cl 86	varied by 220/2005 r 7(4)	20.10.2005
cl 87	varied by 220/2005 r 7(5)	20.10.2005
varied by 25/2007 r 4	22.3.2007
cl 88	varied by 220/2005 r 7(6) and (7)	20.10.2005
cl 89	varied by 220/2005 r 7(8)	20.10.2005
cl 90	substituted by 218/2003 r 4	30.10.2003
cl 90(4)	deleted by 220/2005 r 7(9)	20.10.2005
cll 91 and 92	deleted by 229/2004 r 5	1.11.2004
cl 91	inserted by 220/2005 r 7(10)	20.10.2005
cl 94	substituted by 220/2005 r 7(11)	20.10.2005
cl 95	varied by 134/2001 r 3(n)	1.7.2001
cl 104	deleted by 40/2002 r 5(e)	6.6.2002
cl 111	varied by 186/2001 r 4(c)	26.7.2001
cl 112	deleted by 40/2002 r 5(e)	6.6.2002
cl 116	varied by 186/2001 r 4(d), (e)	26.7.2001
cl 117	deleted by 186/2001 r 4(f)	26.7.2001
cl 118	substituted by 40/2002 r 5(f)	6.6.2002
cl 119	deleted by 40/2002 r 5(f)	6.6.2002
inserted by 146/2003 r 5(1)	1.7.2003
cl 120	deleted by 40/2002 r 5(f)	6.6.2002
inserted by 146/2003 r 5(1)	1.7.2003
cl 121	deleted by 146/2003 r 5(2)	1.7.2003
cl 122A	inserted by 208/2002 r 3	7.11.2002
cl 123
cl 123(1)	cl 123 redesignated as cl 123(1) by 204/2005 r 5(2)	22.9.2005
cl 123(2)	inserted by 204/2005 r 5(2)	22.9.2005
cl 126	substituted by 40/2002 r 5(g)	6.6.2002
cll 127 and 128	deleted by 40/2002 r 5(g)	6.6.2002
cl 131	varied by 40/2002 r 5(h)	6.6.2002
cl 133	deleted by 40/2002 r 5(i)	6.6.2002
cl 134	varied by 40/2002 r 5(j)	6.6.2002
Sch 2
Sch 2 Pt 1	Sch 2 redesignated as Sch 2 Pt 1 by 178/2005 r 5	11.8.2005
Denial Bay and Smoky Bay	varied by 40/2002 r 6	6.6.2002
Sch 2 Pt 2	inserted by 178/2005 r 5	11.8.2005
Sch 5 before substitution by 137/2004
cl 1
cl 1(1)	varied by 186/2001 r 5(a)	26.7.2001
cl 1(3)	varied by 186/2001 r 5(b)	26.7.2001
cl 2	varied by 144/2001 r 3(a)—(d)	1.7.2001
varied by 261/2001 r 6	13.12.2001
varied by 45/2002 r 3(a)—(d)	14.6.2002
varied by 141/2003 r 5	1.7.2003
cl 2	(e) deleted by 45/2002 r 3(e)	14.6.2002
cl 3	varied by 144/2001 r 3(e)	1.7.2001
cl 4	varied by 144/2001 r 3(f)	1.7.2001
cl 5	varied by 144/2001 r 3(g), (h)	1.7.2001
cl 6A	inserted by 186/2001 r 5(c)	26.7.2001
cl 8	varied by 144/2001 r 3(i)	1.7.2001
deleted by 40/2002 r 7	6.6.2002
Sch 5	substituted by 137/2004 r 8	24.6.2004
substituted by 138/2005 r 6	16.6.2005
item 1	varied by 138/2006 r 5(1), (2)	1.7.2006
varied by 124/2007 r 5(1), (2)	1.7.2007
item 2	varied by 138/2006 r 5(3), (4)	1.7.2006
varied by 124/2007 r 5(3), (4)	1.7.2007
item 3	varied by 136/2006 r 6(1)—(3)	15.6.2006
varied by 175/2007 r 9(1)—(3)	21.6.2007
items 4 and 5	varied by 138/2006 r 5(5)	1.7.2006
varied by 124/2007 r 5(5)	1.7.2007
item 6	varied by 138/2006 r 5(6)	1.7.2006
varied by 124/2007 r 5(6)	1.7.2007
item 7	varied by 138/2006 r 5(7)	1.7.2006
varied by 124/2007 r 5(7)	1.7.2007
item 8	varied by 138/2006 r 5(8)	1.7.2006
varied by 124/2007 r 5(8)	1.7.2007
items 9 and 10	varied by 138/2006 r 5(9)	1.7.2006
varied by 124/2007 r 5(9)	1.7.2007
Sch 6
cl 1
cl 1(2)	substituted by 184/2003 r 5(1)	1.9.2003
cl 1(5)
Area S	inserted by 184/2003 r 5(2)	1.9.2003
cl 3
cl 3(1)	varied by 134/2001 r 4(a)	1.7.2001
cl 4
Diagram 5	varied by 228/2002 r 4(a)	12.12.2002
Diagram 6	varied by 228/2002 r 4(b)	12.12.2002
cl 5	varied by 134/2001 r 4(b)	1.7.2001
Diagram 7	varied by 134/2001 r 4(c)	1.7.2001
cl 7
cl 7(1)	varied by 220/2005 r 8	20.10.2005
cl 9
cl 9(1)	substituted by 170/2003 r 5(1)	14.8.2003
cl 9(2)	deleted by 170/2003 r 5(1)	14.8.2003
Diagram 11 (School shark (Galeorhinus galeus))	varied by 134/2001 r 4(d)	1.7.2001
varied by 170/2003 r 5(2)	14.8.2003
cl 9A	inserted by 205/2004 r 5(1)	1.10.2004
cl 10
Table	substituted by 134/2001 r 4(e)	1.7.2001
varied by 205/2004 r 5(2)	1.10.2004
Sch 7
Molluscs	varied by 134/2001 r 5	1.7.2001
Sch 8	varied by 206/2004 r 5	1.10.2004—disallowed 28.10.2004
Sch 9
Fisheries Act 1982 Items relating to —
cl 9	deleted by 40/2002 r 8(a)	6.6.2002
cl 20	substituted by 134/2001 r 6(a)	1.7.2001
cl 21	varied by 186/2001 r 6(a)	26.7.2001
cl 52	deleted by 40/2002 r 8(b)	6.6.2002
cl 66	substituted by 204/2005 r 6	22.9.2005
cl 67	varied by 134/2001 r 6(b)	1.7.2001
substituted by 204/2005 r 6	22.9.2005
cll 68—73	substituted by 204/2005 r 6	22.9.2005
cll 74 and 75	substituted by 134/2001 r 6(c)	1.7.2001
substituted by 204/2005 r 6	22.9.2005
cl 76 before substitution by 204/2005
cl 76(1)	varied by 134/2001 r 6(d)	1.7.2001
cl 76(2) and (3)	substituted by 134/2001 r 6(e)	1.7.2001
cl 76	substituted by 204/2005 r 6	22.9.2005
cl 77 before deletion by 204/2005
cl 77(1)	substituted by 134/2001 r 6(f)	1.7.2001
cl 77(2)	deleted by 134/2001 r 6(f)	1.7.2001
cl 77	deleted by 204/2005 r 6	22.9.2005
cl 77A before deletion by 204/2005
cl 77A(1)	inserted by 134/2001 r 6(f)	1.7.2001
cl 77A	deleted by 204/2005 r 6	22.9.2005
cl 77B before deletion by 204/2005
cl 77B(1)	inserted by 134/2001 r 6(f)	1.7.2001
cl 77B	deleted by 204/2005 r 6	22.9.2005
cl 77C before deletion by 204/2005
cl 77C(1)	inserted by 134/2001 r 6(f)	1.7.2001
cl 77C	deleted by 204/2005 r 6	22.9.2005
cl 77D before deletion by 204/2005
cl 77D(1)	inserted by 134/2001 r 6(f)	1.7.2001
cl 77D	deleted by 204/2005 r 6	22.9.2005
cl 81A	inserted by 261/2001 r 7	13.12.2001
cl 84	deleted by 186/2001 r 6(b)	26.7.2001
cl 90	substituted by 218/2003 r 5(1)	30.10.2003
cl 91	inserted by 220/2005 r 9(1)	20.10.2005
cl 103	varied by 128/2002 r 3	1.7.2002—disallowed 29.8.2002
varied by 187/2002 r 3	26.9.2002
cl 104	deleted by 40/2002 r 8(b)	6.6.2002
cl 105	varied by 15/2001 r 6(a)	1.3.2001
cl 111	varied by 186/2001 r 6(c)	26.7.2001
cl 112	deleted by 40/2002 r 8(b)	6.6.2002
cl 116	varied by 186/2001 r 6(d)	26.7.2001
cl 117	deleted by 186/2001 r 6(e)	26.7.2001
cl 118	substituted by 40/2002 r 8(c)	6.6.2002
cl 119	deleted by 40/2002 r 8(c)	6.6.2002
inserted by 146/2003 r 6(1)	1.7.2003
cl 120	deleted by 40/2002 r 8(c)	6.6.2002
inserted by 146/2003 r 6(1)	1.7.2003
cl 121	deleted by 146/2003 r 6(2)	1.7.2003
cl 122A	inserted by 208/2002 r 4	7.11.2002
cl 126	substituted by 40/2002 r 8(d)	6.6.2002
cll 127 and 128	deleted by 40/2002 r 8(d)	6.6.2002
cl 131	varied by 40/2002 r 8(e)	6.6.2002
cl 133	deleted by 40/2002 r 8(f)	6.6.2002
Fisheries (General) Regulations 2000 Items relating to —
r 16
r 16(3)	varied by 15/2001 r 6(b)	1.3.2001
r 16(4)	varied by 15/2001 r 6(c)	1.3.2001
r 21
r 21(1)	r 21 redesignated as r 21(1) by 229/2004 r 6(1)	1.11.2004
r 21(2)	inserted by 229/2004 r 6(2)	1.11.2004
r 22	substituted by 15/2001 r 6(d)	1.3.2001
r 23
r 23(1)	varied by 15/2001 r 6(e)	1.3.2001
r 24
r 24(2)	varied by 15/2001 r 6(f)	1.3.2001
r 24A
r 24A(3)	inserted by 220/2005 r 9(2)	20.10.2005
r 25
r 25(1)	varied by 15/2001 r 6(g)	1.3.2001
r 26A	inserted by 206/2004 r 6	1.10.2004—disallowed 28.10.2004
Fisheries (Fish Processors) Regulations 1991 Items and heading	varied by 144/2001 r 4	1.7.2001
deleted by 218/2003 r 5(3)	30.10.2003
Fisheries (Scheme of Management—Rock Lobster Fisheries) Items and heading	deleted by 218/2003 r 5(2)	30.10.2003
Table relating to Scheme of Management Fisheries	deleted by 9/2004 r 4	19.2.2004

Transitional etc provisions associated with regulations or variations

No 186 of 2001

7—Transitional provision

1. This regulation applies in relation to the registration of a rock lobster pot under regulation 8 of the principal regulations.

2. Despite Schedule 5 of the principal regulations as varied by these regulations, if the registration of a rock lobster pot in force at the commencement of these regulations expires after 1 October 2001 and an application to re-register that pot is made before the expiry of the registration, the fee payable on the application is $25 per pot to be registered.

3. If the registration of a rock lobster pot in force at the commencement of these regulations expires after 1 October 2001, the Director must, before that date, issue to the person in whose name the pot is registered a tag bearing the registered number allotted to the pot.

No 45 of 2002

4—Transitional provision

1. The fees prescribed in respect of the registration of a device by Schedule 5 of the principal regulations, as varied by these regulations, apply where the registration is to take effect on or after 1 July 2002.

2. Despite regulation 3, the fees prescribed in respect of the registration of a device by Schedule 5 of the principal regulations, as in force immediately before the commencement of these regulations, continue to apply where the registration is to take effect before 1 July 2002.

Fisheries (Fees No 2) Variation Regulations 2007 (No 175 of 2007)

10—Transitional provision

1. A fee prescribed by Schedule 5 of the principal regulations as varied by this Part applies in relation to the registration period commencing on 1 July 2007.

2. Despite regulation 9, a fee prescribed by Schedule 5 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to the registration period that commenced on 1 July 2006.

Historical versions

Reprint No 1—1.3.2001

Reprint No 2—1.7.2001

Reprint No 3—26.7.2001

Reprint No 4—13.12.2001

Reprint No 5—6.6.2002

Reprint No 6—14.6.2002

Reprint No 7—1.7.2002

Reprint No 8—5.9.2002

Reprint No 9—26.9.2002

Reprint No 10—7.11.2002

Reprint No 11—12.12.2002

Reprint No 12—1.1.2003

Reprint No 13—23.1.2003

Reprint No 14—1.7.2003

Reprint No 15—14.8.2003

Reprint No 16—1.9.2003

Reprint No 17—30.10.2003

Reprint No 18—19.2.2004

24.6.2004

1.10.2004

31.10.2004 (electronic only)

1.11.2004

16.6.2005

11.8.2005

22.9.2005

1.10.2005

20.10.2005

25.1.2006

15.6.2006

1.7.2006

22.3.2007

21.6.2007 (electronic only)