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 (Gazette 31.8.2000 p 1235) as varied

1. Variation of regulation 4—Interpretation

2. Variation of Schedule 1—Fishing activities of a prescribed class for the purposes of s. 41 of the Act

3. Variation of Schedule 9—Expiation of offences (reg. 32)

Part 1—Preliminary

1—Short title

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

2—Commencement

These regulations will come into operation on 1 July 2003.

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 (Gazette 31.8.2000 p 1235) as varied

4—Variation of regulation 4—Interpretation

Regulation 4(1), definition of crab net—delete the definition and substitute:

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;

5—Variation of Schedule 1—Fishing activities of a prescribed class for the purposes of s. 41 of the Act

1. Schedule 1—after clause 118 insert:

   119The taking of blue crabs (Portunus pelagicus) by a licensed person in the waters of the State by using a crab net consisting of a net—

   (a)attached at its opening to a hoop the diameter of which exceeds 150 centimetres; or

   (b)any part of which extends from the hoop at its opening for more than 30 per cent of the diameter of the hoop; or

   (c)having a mesh size at its base of less than 3 centimetres.

   120The taking of crabs of any species (Family Portunidae) by an unlicensed person in the waters of the State by using a crab net or hand net consisting of a net—

   (a)attached at its opening to a hoop the diameter of which exceeds 107 centimetres; or

   (b)any part of which extends from the hoop at its opening for more than 92 centimetres.

2. Schedule 1, clause 121—delete the clause

6—Variation of Schedule 9—Expiation of offences (reg. 32)

1. Schedule 9—after the item relating to clause 118 of Schedule 1 insert:

119	Taking blue crabs using crab net of unlawful specifications (commercial)	$100
120	Taking crabs using crab net or hand net of unlawful specifications (recreational)	$50

1. Schedule 9, item relating to clause 121 of Schedule 1—delete the item

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 12 June 2003

No 146 of 2003

MAFF03/0010CS