Fisheries Management (Blue Crab Fishery) (Quota) Amendment Regulations 2022 (SA)

South Australia

Fisheries Management (Blue Crab Fishery) (Quota) Amendment Regulations 2022

under the Fisheries Management Act 2007

Contents

Part 1—Preliminary

1            Short title

2            Commencement

Part 2—Amendment of Fisheries Management (Blue Crab Fishery) Regulations 2013

3            Amendment of regulation 10—Individual blue crab catch quota system

Part 1—Preliminary

1—Short title

These regulations may be cited as the Fisheries Management (Blue Crab Fishery) (Quota) Amendment Regulations 2022.

2—Commencement

These regulations come into operation on 1 July 2022.

Part 2—Amendment of Fisheries Management (Blue Crab Fishery) Regulations 2013

3—Amendment of regulation 10—Individual blue crab catch quota system

1. Regulation 10(2)(da) to (g)—delete paragraphs (da) to (g) (inclusive) and substitute:

   (e)if the total catch of blue crab taken by the holder of a licence in respect of the Blue Crab Fishery subject to a condition fixing a blue crab quota entitlement in respect of a particular blue crab fishing zone during a quota period (the first quota period) (being a quota period that commenced on or after 1 July 2021) is less than the blue crab quota entitlement under the licence for that fishing zone and that quota period, the Minister may vary the conditions of the licence so as to increase the blue crab quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) by 1 kilogram of blue crab for each kilogram by which the catch fell short of the blue crab quota entitlement for the first quota period up to—

   (i)—

   (A)10% of the quota entitlement for the first quota period; or

   (B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the subsequent quota period; or

   (ii)if the Minister is satisfied that exceptional circumstances apply—

   (A)a percentage that exceeds 10% of the quota entitlement for the first quota period; or

   (B)such other greater kilogram amount of catch,

   as is determined by the Minister on or before the commencement of the subsequent quota period;

   (f)if the total catch of blue crab taken by the holder of a licence in respect of the Blue Crab Fishery subject to a condition fixing a blue crab quota entitlement in respect of a particular blue crab fishing zone during a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the blue crab quota entitlement under the licence for that fishing zone and that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) as follows:

   (i)if the catch exceeded the quota entitlement by—

   (A)an amount not exceeding 10% of the quota entitlement for the first quota period; or

   (B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,

   by 1 kilogram of blue crab for each kilogram taken in excess of the quota entitlement; or

   (ii)if the catch exceeded the quota entitlement by—

   (A)an amount greater than 10% of the quota entitlement for the first quota period; or

   (B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,

   by 2 kilograms of blue crab for each kilogram taken in excess of the quota entitlement.

2. Regulation 10(3) and (4)—delete subregulations (3) and (4) and substitute:

   (3)For the purposes of—

   (a)subregulation (2)(e)(i) and (ii); and

   (b)subregulation (2)(f)(i) and (ii),

   any increase in the quota entitlement under a licence applying during a first quota period as a result of a variation of the quota entitlement under the licence previously made under subregulation (2)(e)(i) or (ii) must be disregarded.

   (4)A variation of a quota entitlement under subregulation (2)(e) or (f) must be expressed to apply only for the quota period during which the variation is made.

   (5)An application under subregulation (2)(a), (b), (c)(i) or (d) may not be made in respect of blue crab units allocated to the licence under subregulation (2)(e).

   (6)An application to vary unit entitlements must—

   (a)be made in a manner and form approved by the Minister; and

   (b)be completed in accordance with the instructions contained in the form; and

   (c)be accompanied by the prescribed fee.

   (7)In this regulation—

   following quota period, in relation to a first quota period and the holder of a licence in respect of the fishery, means the next quota period during which blue crab may be taken by the holder of the licence following the first quota period.

Editorial note—

As required by section 10AA(2) of the Legislative Instruments 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's Deputy

with the advice and consent of the Executive Council

on 16 June 2022

No 36 of 2022