Fisheries (General) Variation Regulations 2005 (SA)
South Australia
Fisheries (General) Variation Regulations 2005
under the Fisheries Act 1982
Contents
Part 1—Preliminary
Short title
Commencement
Variation provisions
Part 2—Variation of Fisheries (General) Regulations 2000
Variation of regulation 4—Interpretation
Variation of regulation 21—Keeping of rock lobster
Insertion of regulation 24A
24ACommercial bait nets not to be left unattended
Variation of Schedule 1—Classes of fishing activities prescribed for purposes of section 41 of Act
Variation of Schedule 6—Undersize fish
Variation of Schedule 9—Expiation of offences
Part 1—Preliminary
1—Short title
These regulations may be cited as the Fisheries (General) Variation Regulations 2005.
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 4—Interpretation
Regulation 4(1)—after the definition of Act insert:
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;
Regulation 4(1)—after the definition of mussel dredge insert:
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;
Regulation 4(1)—after the definition of southern bluefin tuna insert:
Southern Zone has the same meaning as in the Fisheries (Scheme of Management—Rock Lobster Fisheries) Regulations 1991;
Regulation 4(6)—delete subregulation (6) and substitute:
(6)For the purposes of these regulations—
(a)a device registered for use for non-commercial purposes is attended only if it is 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.
5—Variation of regulation 21—Keeping of rock lobster
Regulation 21(2)—delete "waters of the Northern Zone Rock Lobster Fishery" and substitute:
Northern Zone
6—Insertion of regulation 24A
After regulation 24 insert:
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.
7—Variation of Schedule 1—Classes of fishing activities prescribed for purposes of section 41 of Act
Schedule 1, clause 37(d)—delete paragraph (d) and substitute:
(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.
Schedule 1, clause 67, table—delete "The waters of the Northern Zone Rock Lobster Fishery or Southern Zone Rock Lobster Fishery" and substitute:
The Northern Zone or the Southern Zone
Schedule 1, clause 69(2)—delete "below" second occurring
Schedule 1, clause 86—delete "waters of the Northern Zone Rock Lobster Fishery" and substitute:
Northern Zone
Schedule 1, clause 87—delete "waters of the Southern Zone Rock Lobster Fishery" and substitute:
Southern Zone
Schedule 1, clause 88—delete "waters of the Southern Zone Rock Lobster Fishery" and substitute:
Southern Zone
Schedule 1, clause 88—before "Fishery" second occurring insert:
Southern Zone Rock Lobster
Schedule 1, clause 89—delete "waters of the Southern Zone Rock Lobster Fishery" and substitute:
Southern Zone
Schedule 1, clause 90(4)—delete subclause (4)
Schedule 1—after clause 90 insert:
91The taking of fish in the waters of the State for the purpose of bait by a licensed person by using a fish net other than a bait net.
Schedule 1, clause 94—delete the clause and substitute:
94The taking of fish in the Northern Zone pursuant to a licence in respect of the Northern Zone Rock Lobster Fishery during the period commencing at 1800 hours on 31 May in any year and ending at 1200 hours on the following 1 November by a registered master who—
(a)is not the holder of the licence; or
(b)if the licence is held by a company—is not a director of the company.
8—Variation of Schedule 6—Undersize fish
Schedule 6, clause 7(1)(a)—delete "waters of the Northern Zone Rock Lobster Fishery" and substitute:
Northern Zone
9—Variation of Schedule 9—Expiation of offences
Schedule 9, table relating to section 41 of the Act—after the item relating to Schedule 1, clause 90(1)(b) insert:
91
Taking fish for bait using fish net other than bait net (commercial)
$300
Schedule 9, table relating to the Fisheries (General) Regulations 2000—after the item relating to regulation 24(2) insert:
24A(3)
Leaving bait net unattended after setting net in waters (commercial)
$300
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 20 October 2005
No 220 of 2005
MAFF05/0029CS
0
0
0