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 Schedule 1—Classes of fishing activities prescribed for purposes of section 41 of Act
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:
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;
Regulation 4(1)—after the definition of crab rake insert:
cuttlefish means cuttlefish (Sepia spp.);
Regulation 4(1)—after the definition of gill net insert:
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);
Regulation 4(1)—after the definition of Lakes Albert and Alexandrina insert:
large catfish means catfish that exceeds 33 centimetres in length;
Regulation 4(1), definition of length—delete the definition and substitute:
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;
Regulation 4(1)—after the definition of mesh net insert:
mulloway means mulloway (Argyrosomus hololepidotus);
Regulation 4(1)—after the definition of rod and line insert:
salmon means salmon (Arripis truttaceus);
sand crab means sand crab (Ovalipes australiensis);
Regulation 4(1)—after the definition of scallop dredge insert:
school shark means school shark (Galeorhinus galeus);
Regulation 4(1)—after the definition of shrimp trap insert:
small catfish means catfish that does not exceed 33 centimetres in length;
Regulation 4(1)—after the definition of small mesh multifilament hauling net insert:
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);
Regulation 4(1)—after the definition of yabbie pot insert:
yellowfin tuna means yellowfin tuna (Thunnus albacares).
5—Variation of Schedule 1—Classes of fishing activities prescribed for purposes of section 41 of Act
Schedule 1, clauses 66 to 77D (inclusive)—delete the clauses and substitute:
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.
(2)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
(3)The taking by an unlicensed person, in the waters of the State—
(a)of calamary or cuttlefish from a boat from which 45 calamary and cuttlefish in combination have been taken by unlicensed persons on the same day; or
(b)of callop (being callop (golden perch) or callop (Lake Eyre perch) from a boat from which 15 callop (being a combination of callop (golden perch) and callop (Lake Eyre perch) have already been taken by unlicensed persons on the same day; or
(c)of crab (being blue crab or sand crab) from a boat from which 120 crab (being a combination of blue crab and sand crab) have already been taken by unlicensed persons on the same day; or
(d)of shark (being gummy shark or school shark) from a boat from which 6 shark (being a combination of gummy shark and school shark) have already been taken by unlicensed persons on the same day; or
(e)of tuna (being (southern bluefin tuna or yellowfin tuna) from a boat from which 6 tuna (being a combination of southern bluefin tuna and yellowfin tuna) have already been taken by unlicensed persons on the same day.
(4)The taking by an unlicensed person, in the waters of the State—
(a)of calamary or cuttlefish if the person has already taken 15 calamary and cuttlefish in combination on the same day; or
(b)of callop (being callop (golden perch) or callop (Lake Eyre perch)) if the person has already taken 5 callop (being a combination of callop (golden perch) and callop (Lake Eyre perch)) on the same day; or
(c)of crab (being blue crab or sand crab) if the person has already taken 40 crab (being a combination of blue crab and sand crab) on the same day; or
(d)of shark (being gummy shark or school shark) if the person has already taken 1 gummy shark and 1 school shark on the same day; or
(e)of tuna (being southern bluefin tuna or yellowfin tuna) if the person has already taken 1 southern bluefin tuna and 1 yellowfin tuna on the same day.
(5)Subclauses (1) and (3) do not apply in relation to fish taken by unlicensed persons from a registered boat being used pursuant to a licence in respect of the Charter Boat Fishery.
67(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.
(2)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
Abalone
(Haliotis spp.)
10
5
Murray cod
The waters of the State
Murray cod (Maccullochella peeli)
6
2
Rock lobster
The waters of the Northern Zone Rock Lobster Fishery or Southern Zone Rock Lobster Fishery
Rock lobster (Jasus edwardsii)
8
4
(3)Subclause (1) does not apply in relation to fish taken by unlicensed persons from a registered boat being used pursuant to a licence in respect of the Charter Boat Fishery.
68The 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 3.
Table—Recreational fishing—daily bag limits
Column 1
Waters
Column 2
Species of fish
Column 3
Maximum quantity per person per day
Cockle
The waters of the State
Goolwa cockle (Donax deltoides)
600
The waters of the State
Mud cockle (Katelysia spp.)
300
Cowrie
The waters of the State
Black cowrie (Zoila friendii thersites)
1
Mulloway
The waters of Coorong area 1 or Coorong area 2
Large mulloway (Argyrosomus hololepidotus)
2
The waters of Coorong area 1 or Coorong area 2
Small mulloway (Argyrosomus hololepidotus)
10
South-east crayfish
The waters of the State
South-east crayfish (Euastacus bispinosa)
5
Yabby
The waters of the State
Yabby (Cherax destructor)
200
69(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 carrying more than 3 but not more than 6 passengers from which the quantity specified in column 3 has already been taken by unlicensed persons on the same day.
(2)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 below, from a boat carrying more than 3 but not more than 6 passengers from which a quantity equal to 3 times the quantity specified in column 3 has already been taken by unlicensed persons during the same trip (being a trip lasting more than 3 days).
Table—Recreational charter boat fishing daily bag limits
Column 1
Waters
Column 2
Species of fish
Column 3
Maximum quantity per boat per day (charter boat carrying more than 3 but not more than 6 passengers)
Bream
The waters of the State
Bream (Acanthopagrus spp.)
30
Calamary and cuttlefish
The waters of the State
Calamary (Sepioteuthis australis)
45
The waters of the State
Cuttlefish (Sepia spp)
45
Crab
The waters of the State
Blue crab (Portunus pelagicus)
120
The waters of the State
Sand crab (Ovalipes australiensis)
120
Flathead
The waters of the State
Flathead (Platycephalus spp.)
30
Flounder
The waters of the State
Flounder (Family Bothidae or Pleuronectidae)
60
Garfish
The waters of the State
Garfish (Hyporhamphus melanochir)
180
Groper
The waters of the State (other than those waters specified in regulation 6(d))
Blue groper (Achoerodus gouldii)
6
Morwong
The waters of the State
Blue morwong (Nemadactylus valenciennesi)
15
Mullet
The waters of the State
Mullet (Family Mugilidae)
180
Mulloway
The waters of the State other than Coorong (area 1) or Coorong (area 2)
Large mulloway (Argyrosomus hololepidotus)
6
Nannygai and swallowtail
The waters of the State
Nannygai (Centroberyx australis)
30
The waters of the State
Swallowtail (Centroberyx lineatus)
30
Razorfish
The waters of the State
Razorfish (Pinna bicolor)
150
Salmon
The waters of the State
Large salmon (Arripis truttaceus)
30
The waters of the State
Small salmon (Arripis truttaceus)
60
Samson fish and yellowtail kingfish
The waters of the State
Samson fish (Seriola hippos)
6
The waters of the State
Yellowtail kingfish
(Seriola grandis)
6
Scallop
The waters of the State
Scallop (Family Pectinidae)
300
Shark
The waters of the State
Gummy shark (Mustelus antarcticus)
6
The waters of the State
School shark (Galeorhinus galeus)
6
Snook
The waters of the State
Snook (Sphyraena novaehollandiae)
60
Sweep
The waters of the State
Sweep (Genus Scorpis)
60
Tommy ruff
The waters of the State
Tommy ruff (Arripis georgianus)
180
Trevally
The waters of the State
Silver trevally (Pseudocaranx dentex)
60
Whiting
The waters of the State
School whiting (Sillago flindersi)
60
The waters of the State
Yellowfin whiting (Sillago schomburgkii)
60
(3)This clause applies only in relation to fish taken by unlicensed persons from a registered boat being used pursuant to a licence in respect of the Charter Boat Fishery.
70(1) The taking by an unlicensed person in any 1 day, in the waters specified in column 1 of the table below, from a boat carrying not more than 3 passengers, of more fish of the class specified in column 2 than the quantity specified in column 3.
(2)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 carrying not more than 3 passengers from which a quantity equal to 3 times the quantity specified in column 3 has already been taken by unlicensed persons during the same trip (being a trip lasting more than 3 days).
(3)The taking by an unlicensed person in any 1 day, in the waters specified in column 1 of the table below, from a boat carrying more than 6 passengers, of more fish of the class specified in column 2 than the quantity specified in column 4.
(4)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 carrying more than 6 passengers from which a quantity equal to 3 times the quantity specified in column 4 has already been taken by unlicensed persons during the same trip (being a trip lasting more than 3 days).
Table—Recreational charter boat fishing daily bag limits
Column 1
Waters
Column 2
Species of fish
Column 3
Maximum quantity per person per boat per day (charter boat carrying not more than 3 passengers)
Column 4
Maximum quantity per person per boat per day (charter boat carrying more than 6 passengers)
Bream
The waters of the State
Bream (Acanthopagrus spp.)
10
5
Calamary and cuttlefish
The waters of the State
Calamary (Sepioteuthis australis)
15
8
The waters of the State
Cuttlefish (Sepia spp)
15
8
Crab
The waters of the State
Blue crab (Portunus pelagicus)
40
20
The waters of the State
Sand crab (Ovalipes australiensis)
40
20
Flathead
The waters of the State
Flathead (Platycephalus spp.)
10
5
Flounder
The waters of the State
Flounder (Family Bothidae or Pleuronectidae)
20
10
Garfish
The waters of the State
Garfish (Hyporhamphus melanochir)
60
30
Groper
The waters of the State (other than those waters specified in regulation 6(d))
Blue groper (Achoerodus gouldii)
2
1
Morwong
The waters of the State
Blue morwong (Nemadactylus valenciennesi)
5
3
Mullet
The waters of the State
Mullet (Family Mugilidae)
60
30
Mulloway
The waters of the State other than Coorong (area 1) or Coorong (area 2)
Large mulloway (Argyrosomus hololepidotus)
2
1
The waters of the State
Mud cockle (Katelysia spp.)
300
150
Nannygai and swallowtail
The waters of the State
Nannygai (Centroberyx australis)
10
5
The waters of the State
Swallowtail (Centroberyx lineatus)
10
5
Razorfish
The waters of the State
Razorfish (Pinna bicolor)
50
25
Salmon
The waters of the State
Large salmon (Arripis truttaceus)
10
5
The waters of the State
Small salmon (Arripis truttaceus)
20
10
Samson fish and yellowtail kingfish
The waters of the State
Samson fish (Seriola hippos)
2
1
The waters of the State
Yellowtail kingfish
(Seriola grandis)
2
1
Scallop
The waters of the State
Scallop (Family Pectinidae)
100
50
Snook
The waters of the State
Snook (Sphyraena novaehollandiae)
20
10
Sweep
The waters of the State
Sweep (Genus Scorpis)
20
10
Tommy ruff
The waters of the State
Tommy ruff (Arripis georgianus)
60
30
Trevally
The waters of the State
Silver trevally (Pseudocaranx dentex)
20
10
Whiting
The waters of the State
School whiting (Sillago flindersi)
20
10
The waters of the State
Yellowfin whiting (Sillago schomburgkii)
20
10
(5)The taking by an unlicensed person, in the waters of the State—
(a)of calamary or cuttlefish from a boat carrying not more than 3 passengers—
(i)from which the person has already taken 15 calamary and cuttlefish in combination on the same day; or
(ii)from which 45 calamary and cuttlefish in combination have already been taken by unlicensed persons during the same trip (being a trip lasting more than 3 days); or
(b)of calamary or cuttlefish from a boat carrying more than 6 passengers—
(i)from which the person has already taken 8 calamary and cuttlefish in combination on the same day; or
(ii)from which 24 calamary and cuttlefish in combination have already been taken by unlicensed persons during the same trip (being a trip lasting more than 3 days).
(6)The taking by an unlicensed person, in the waters of the State—
(a)of crab (being blue crab or sand crab) from a boat carrying not more than 3 passengers—
(i)from which the person has already taken 40 crab (being a combination of blue crab and sand crab) on the same day; or
(ii)from which 120 crab (being a combination of blue crab and sand crab) have already been taken by unlicensed persons during the same trip (being a trip lasting more than 3 days); or
(b)of crab (being blue crab or sand crab) from a boat carrying more than 6 passengers—
(i)from which the person has already taken 20 crab (being a combination of blue crab and sand crab) on the same day; or
(ii)from which 60 crab (being a combination of blue crab and sand crab) have already been taken by unlicensed persons during the same trip (being a trip lasting more than 3 days).
(7)This clause applies only in relation to fish taken by unlicensed persons from a registered boat being used pursuant to a licence in respect of the Charter Boat Fishery.
71(1) The taking by an unlicensed person in any 1 day, in the waters specified in column 1 of the table below, from a boat carrying not more than 3 passengers, of more fish of the class specified in column 2 than the quantity specified in column 3.
(2)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 carrying not more than 3 passengers from which a quantity equal to 3 times the quantity specified in column 3 has already been taken by unlicensed persons during the same trip (being a trip lasting more than 3 days).
(3)The taking by an unlicensed person in any 1 day, in the waters specified in column 1 of the table below, from a boat carrying more than 3 passengers, of more fish of the class specified in column 2 than the quantity specified in column 4.
(4)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 carrying more than 3 passengers from which a quantity equal to 3 times the quantity specified in column 4 has already been taken by unlicensed persons during the same trip (being a trip lasting more than 3 days).
Table—Recreational charter boat fishing daily bag limits
Column 1
Waters
Column 2
Species of fish
Column 3
Maximum quantity per person per boat per day (charter boat carrying not more than 3 passengers)
Column 4
Maximum quantity per person per boat per day (charter boat carrying more than 3 passengers)
Abalone
The waters of the State
Abalone (Haliotis spp.)
5
3
Cockle
The waters of the State
Goolwa cockle (Donax deltoides)
600
300
The waters of the State
Mud cockle (Katelysia spp.)
300
150
Crab
The waters of the State
Giant crab (Pseudocarcinus gigas)
2
2
Rock lobster
The waters of the State
Rock lobster (Jasus edwardsii)
4
2
Whiting
The waters of the State
King George whiting (Sillaginodes punctatus)
12
10
(5)This clause applies only in relation to fish taken by unlicensed persons from a registered boat being used pursuant to a licence in respect of the Charter Boat Fishery.
72(1) The taking by an unlicensed person, in the waters specified in column 1 of the table below, of fish of a class specified in column 2, from a boat carrying more than 3 passengers from which the quantity specified in column 3 has already been taken by unlicensed persons on the same day.
(2)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 during the same trip (being a trip lasting more than 3 days).
(3)The taking by an unlicensed person in any 1 day, in the waters specified in column 1 of the table below, from a boat carrying not more than 3 passengers, of more fish of the class specified in column 2 than the quantity specified in column 4.
Table—Recreational charter boat fishing daily boat and bag limits
Column 1
Waters
Column 2
Species of fish
Column 3
Maximum quantity per boat per day (charter boat carrying more than 3 passengers)
Column 4
Maximum quantity per person per boat per day (charter boat carrying not more than 3 passengers)
Barracouta
The waters of the State
Barracouta (Thyrsites atun)
30
10
Bight redfish
The waters of the State
Bight redfish (Centroberyx garrardi)
30
10
Gemfish
The waters of the State
Gemfish (Rexea solandri)
30
10
Ling
The waters of the State
Ling (Genypterus tigerinus)
18
3
Morwong
The waters of the State
Jackass morwong (Nemadactylus macropterus)
30
10
Shark
The waters of the State
Gummy shark (Mustelus antarcticus)
6
2
The waters of the State
School shark (Galeorhinus galeus)
6
2
Tuna
The waters of the State
Albacore (Thunnus alalunga)
6
2
The waters of the State
Southern bluefin tuna (Thunnus maccoyii)
6
2
The waters of the State
Yellowfin tuna (Thunnus albacares)
6
2
Warehou
The waters of the State
Blue warehou (Seriolella brama)
30
10
The waters of the State
Spotted warehou (Seriolella punctata)
30
10
(4)The taking by an unlicensed person, in the waters of the State—
(a)of shark (being gummy shark or school shark) from a boat carrying more than 3 passengers from which 6 shark (being a combination of gummy shark and school shark) have already been taken by unlicensed persons on the same day; or
(b)of shark (being gummy shark or school shark) from a boat from which 6 shark (being a combination of gummy shark and school shark) have already been taken by unlicensed persons on the same trip (being a trip lasting more than 3 days); or
(c)of shark (being gummy shark or school shark) from a boat carrying not more than 3 passengers from which the person has already taken 2 shark (being a combination of gummy shark and school shark) on the same day.
(5)The taking by an unlicensed person, in the waters of the State—
(a)of tuna (being southern bluefin tuna or yellowfin tuna) from a boat carrying more than 3 passengers from which 6 tuna (being a combination of southern bluefin tuna and yellowfin tuna) have already been taken by unlicensed persons on the same day; or
(b)of tuna (being southern bluefin tuna or yellowfin tuna) from a boat from which 6 tuna (being a combination of southern bluefin tuna and yellowfin tuna) have already been taken by unlicensed persons on the same trip (being a trip lasting more than 3 days); or
(c)of tuna (being southern bluefin tuna or yellowfin tuna) from a boat carrying not more than 3 passengers from which the person has already taken 2 tuna (being a combination of southern bluefin tuna and yellowfin tuna) on the same day.
(6)This clause applies only in relation to fish taken by unlicensed persons from a registered boat being used pursuant to a licence in respect of the Charter Boat Fishery.
73The taking in any 1 day by any person of more than 4 rock lobster by diving in the waters of the State.
74The taking by any person, in the waters of the State, of blue groper that exceeds 100 centimetres in length.
75The taking by any person, in the waters of the State, of Murray cod that exceeds 100 centimetres in length.
76The taking by any person, in the waters of the State, of Murray cod during the period commencing on 1 September and ending on the following 31 December in any year.
Schedule 1, clause 123—after its present contents (now to be designated as subclause (1)) insert:
(2)Subclause (1) does not apply in relation to the taking of fish by unlicensed persons for a purpose other than trade or business from a registered boat being used pursuant to a licence in respect of the Charter Boat Fishery.
6—Variation of Schedule 9—Expiation of offences
Schedule 9, table, items relating to clauses 66 to 77D (inclusive)—delete the items and substitute:
66
Taking fish (recreational non-charter boat fishing bag or boat limit)—exceeding limit:
• by up to 10 fish
$50
• by 11 to 20 fish
$100
• by more than 20 fish
$200
67
Taking abalone (recreational non-charter boat fishing bag or boat limit)—exceeding limit:
• by up to 5 abalone
$50
• by 6 to 10 abalone
$100
• by more than 10 abalone
$200
67
Taking Murray cod (recreational non-charter boat fishing bag or boat limit)—exceeding limit:
• by up to 5 Murray cod
$100
• by more than 5 Murray cod
$200
67
Taking rock lobster—exceeding recreational non-charter fishing bag or boat limit in a rock lobster fishery
$300
68
Taking black cowrie (recreational bag limit)—exceeding limit:
• by up to 5 black cowrie
$200
• by more than 5 black cowrie
$300
68
Taking Goolwa cockles (recreational bag limit)—exceeding limit:
• by up to 100 cockles
$50
• by 101 to 200 cockles
$100
• by more than 200 cockles
$200
68
Taking mud cockles (recreational bag limit)—exceeding limit:
• by up to 50 cockles
$50
• by 51 to 100 cockles
$100
• by more than 100 cockles
$200
68
Taking mulloway in Coorong (area 1) or Coorong (area 2) (recreational bag limit)—exceeding limit:
• by up to 10 mulloway
$50
• by 11 to 20 mulloway
$100
• by more than 20 mulloway
$200
68
Taking South-east crayfish (recreational bag limit)—exceeding limit:
• by up to 5 crayfish
$100
• by more than 5 crayfish
$200
68
Taking yabbies—exceeding bag limit (recreational)
$300
69
Taking fish (recreational charter boat fishing boat or trip limit)—exceeding limit:
• by up to 10 fish
$50
• by 11 to 20 fish
$100
• by more than 20 fish
$200
70
Taking fish (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 10 fish
$50
• by 11 to 20 fish
$100
• by more than 20 fish
$200
71
Taking abalone (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 5 abalone
$50
• by 6 to 10 abalone
$100
• by more than 10 abalone
$200
71
Taking Goolwa cockles (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 100 cockles
$50
• by 101 to 200 cockles
$100
• by more than 200 cockles
$200
71
Taking mud cockles (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 100 cockles
$50
• by 101 to 200 cockles
$100
• by more than 200 cockles
$200
71
Taking rock lobster (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 5 rock lobster
$50
• by 6 to 10 rock lobster
$100
• by more than 10 rock lobster
$200
71
Taking King George whiting (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 10 whiting
$50
• by 11 to 20 whiting
$100
• by more than 20 whiting
$200
72
Taking fish (recreational charter boat fishing bag, boat or trip limit)—exceeding limit:
• by up to 10 fish
$50
• by 11 to 20 fish
$100
• by more than 20 fish
$200
73
Taking rock lobster by diving (bag limit)—exceeding limit:
• by up to 5 abalone
$50
• by 6 to 10 abalone
$100
• by more than 10 abalone
$200
74
Taking blue groper—exceeding maximum length limit:
• by up to 5 blue groper
$100
• by more than 5 blue groper
$200
75
Taking Murray cod—exceeding maximum length limit:
• by up to 5 Murray cod
$100
• by more than 5 Murray cod
$200
76
Taking Murray cod during closed season
$200
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 22 September 2005
No 204 of 2005
MAFF05/0015CS
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