Fisheries Management (Aquatic Reserves) Regulations 2016 (SA)

South Australia

Fisheries Management (Aquatic Reserves) Regulations 2016

under the Fisheries Management Act 2007

Contents

1            Short title

2            Commencement

3            Interpretation

4            Authorised access to, and fishing activities in, aquatic reserves

Schedule 1—Revocation of Fisheries Management (Aquatic Reserves) Regulations 2008

Legislative history

1—Short title

These regulations may be cited as the Fisheries Management (Aquatic Reserves) Regulations 2016.

2—Commencement

These regulations will come into operation 4 months after the day on which they are made (see Subordinate Legislation Act 1978 (section 10AA)).

3—Interpretation

(1)In these regulations—

Act means the Fisheries Management Act 2007;

Coobowie Fishing Zone means the Coobowie Aquatic Reserve excluding the waters of or near Salt Creek Swamp west of the main road causeway;

West Island Encounter Bay Exclusion Zone means that portion of the West Island Encounter Bay Aquatic Reserve contained within and bounded by a line commencing at Mean High Water Springs closest to 35°36′20.75″ South, 138°35′33.16″ East, then generally south‑westerly following the line of Mean High Water Springs to the location closest to 35°36′27.84″ South, 138°35′21.14″ East, then westerly to a line 100 metres seaward of Mean High Water Springs closest to 35°36′27.84″ South, 138°35′16.99″ East, then generally north‑easterly following a line 100 metres seaward of Mean High Water Springs to the location closest to 35°36′17.51″ South, 138°5′3.16″ East, then southerly to the point of commencement;

West Island Encounter Bay Fishing Zone means that portion of the West Island Encounter Bay Aquatic Reserve comprising the waters contained within and bounded by a line commencing at 200 metres seaward of Mean High Water Springs (King Beach) closest to 35°6′2.61″ South, 138°35′08.34″ East, then south‑easterly to a line 100 metres seaward of Mean High Water Springs (West Island) closest to 35°36′17.90″ South, 138°35′35.62″ East, then beginning generally westerly following a line 100 metres seaward of Mean High Water Springs (West Island) to the location closest to 35°36′38.04″ South, 138°35′20.46″ East, then north‑westerly to a line 200 metres seaward of Mean High Water Springs (King Head) closest to 35°36′24.15″ South, 138°34′58.14″ East, then beginning north‑easterly following a line 200 metres seaward of Mean High Water Springs to the point of commencement.

(2)In these regulations—

(a)words and expressions used that are defined in the Fisheries Management (General) Regulations 2007 have the same respective meanings as in those regulations; and

(b)a reference to a named aquatic reserve is a reference to the aquatic reserve of that name constituted under section 4 of the Act; and

(c)all lines in spatial descriptions are geodesics based on the Geocentric Datum of Australia 1994 (GDA94) as defined in the Commonwealth of Australia Gazette GN35 of 6 September 1995, and all coordinates are expressed in terms of GDA94.

4—Authorised access to, and fishing activities in, aquatic reserves

For the purposes of section 76 of the Act—

(a)a person may enter and remain in any of the following aquatic reserves:

(i)Barker Inlet—St. Kilda Aquatic Reserve;

(ii)Coobowie Aquatic Reserve;

(iii)St. Kilda—Chapman Creek Aquatic Reserve;

(iv)Troubridge Hill Aquatic Reserve;

(v)West Island Encounter Bay Aquatic Reserve (other than the West Island Encounter Bay Exclusion Zone); and

(b)a person may engage in a fishing activity (including an act preparatory to, or involved in, the taking of an aquatic resource) in an aquatic reserve as follows:

(i)Barker Inlet—St. Kilda Aquatic Reserve—

(A)taking fish by using a rod and line or hand line;

(B)taking bloodworms (Class Polychaeta) for bait by using a hand net;

(ii)Coobowie Fishing Zone—

(A)taking fish by using a hand line or rod and line;

(B)taking fish for bait from the shore by any means;

(iii)St. Kilda—Chapman Creek Aquatic Reserve—

(A)taking Blue Swimmer Crab (Portunus pelagicus) by hand or by using a crab net or crab rake;

(B)taking fish by using a hand line or rod and line from the northern side of the breakwater;

(iv)Troubridge Hill Aquatic Reserve—taking fish by using a hand line or rod and line;

(v)West Island Encounter Bay Fishing Zone—taking fish by using a hand line or rod and line.

Note—

In this regulation, common and scientific fish names are given according to AS 5300—2015 Australian Fish Names Standard, as amended from time to time.

Schedule 1—Revocation of Fisheries Management (Aquatic Reserves) Regulations 2008

The Fisheries Management (Aquatic Reserves) Regulations 2008 are revoked.

Legislative history

Notes

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

Year	No	Reference	Commencement
2016	247	Gazette 20.10.2016 p4083	20.2.2017: r 2