Fisheries (General) Variation Regulations 2003 (SA)

South Australia

Fisheries (General) Variation Regulations 2003

under the Fisheries Act 1982

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Fisheries (General) Regulations 2000

1. Variation of regulation 18—Mutilation of certain fish

2. Variation of Schedule 6—Undersize fish

Part 1—Preliminary

1—Short title

These regulations may be cited as the Fisheries (General) Variation Regulations 2003.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Fisheries (General) Regulations 2000

4—Variation of regulation 18—Mutilation of certain fish

1. Regulation 18(1)—delete "referred to in Schedule 6 (other than in clause 9 of that Schedule)" and substitute:

   to which this regulation applies

2. Regulation 18—after subregulation (2) insert:

   (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.

3. Regulation 18(4), definition of mutilate—delete the definition and substitute:

   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.

5—Variation of Schedule 6—Undersize fish

1. Schedule 6, clause 9(1) and (2)—delete subclauses (1) and (2) and substitute:

   (1)A gummy shark or school shark is undersize if it is less than 45 centimetres in length.

2. Schedule 6, clause 9, diagram 11 (School shark (Galeorhinus galeus))—delete "40 cm" and substitute:

   45 cm

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 14 August 2003

No 170 of 2003

MAFF03/0029CS