Fisheries Management (Demerit Points) (Lakes and Coorong Fishery) Amendment Regulations 2024 (SA)

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South Australia

Fisheries Management (Demerit Points) (Lakes and Coorong Fishery) Amendment Regulations 2024

under the Fisheries Management Act 2007

Part 1Preliminary1Short title

These regulations may be cited as the Fisheries Management (Demerit Points) (Lakes and Coorong Fishery) Amendment Regulations 2024.

2Commencement

These regulations come into operation on the day on which the Fisheries Management (Lakes and Coorong Fishery) Regulations 2024 come into operation.

Part 2Amendment of Fisheries Management (Demerit Points) Regulations 20173Substitution of Schedule 1 Part 2 clause 9

Schedule 1 Part 2 clause 9—delete clause 9 and substitute:

9—Fisheries Management (Lakes and Coorong Fishery) Regulations 2024

 

Regulation

Description of offence

Demerit points

11(2)

Causing or permitting agents to be engaged in fishing activities on shore when licence holder or registered master is not so engaged at the same time and agents and licence holder or registered master do not remain within 700 m of each other

(a)

if the offence is expiated

15

(b)

in any other case

50

11(3)

Causing or permitting more than prescribed number of agents to be engaged in taking pipi on shore at the same time

(a)

if the offence is expiated

15

(b)

in any other case

50

11(4)

Causing or permitting more than prescribed number of agents to be engaged in fishing activities on shore at the same time

(a)

if the offence is expiated

15

(b)

in any other case

50

11(5)

Causing or permitting agents to be engaged in fishing activities on boat when licence holder or registered master is not so engaged at the same time and agents and licence holder or registered master do not remain within 500 m of each other

(a)

if the offence is expiated

15

(b)

in any other case

50

11(6)

Causing or permitting more than prescribed number of agents to be engaged in fishing activities on boat at the same time

(a)

if the offence is expiated

15

(b)

in any other case

50

12(2)

Causing or permitting agents to be engaged in fishing activities on shore when licence holder or nominated agent is not so engaged at the same time and agents and licence holder or nominated agent do not remain within 700 m of each other

(a)

if the offence is expiated

15

(b)

in any other case

50

12(3)

Causing or permitting more than prescribed number of agents to be engaged in taking pipi on shore at the same time

(a)

if the offence is expiated

15

(b)

in any other case

50

12(4)

Causing or permitting agents to be engaged in fishing activities on shore when licence holder is not so engaged at the same time and agents and licence holder do not remain within 700 m of each other

(a)

if the offence is expiated

15

(b)

in any other case

50

12(5)

Causing or permitting more than prescribed number of agents to be engaged in fishing activities on shore at the same time

(a)

if the offence is expiated

15

(b)

in any other case

50

12(9)

Contravening or failing to comply with condition of approval

(a)

if the offence is expiated

15

(b)

in any other case

50

14(1)

Licence holder taking pipi for commercial purpose without quota entitlement

(a)

if the offence is expiated

15

(b)

in any other case—

(i)

first offence

45

(ii)

second offence

60

(iii)

third or subsequent offence

75

14(2)

Licence holder (other than licence subject to pipi quota entitlement) taking pipi other than for purpose of bait or taking pipi in excess of daily limit

(a)

if the offence is expiated

15

(b)

in any other case—

(i)

first offence

45

(ii)

second offence

60

(iii)

third or subsequent offence

75

14(3)

Licence holder taking vongole other than for purpose of bait or taking vongole in excess of daily limit

(a)

if the offence is expiated

15

(b)

in any other case—

(i)

first offence

45

(ii)

second offence

60

(iii)

third or subsequent offence

75

14(4)

Licence holder taking cockles in excess of daily limit

(a)

if the offence is expiated

15

(b)

in any other case—

(i)

first offence

45

(ii)

second offence

60

(iii)

third or subsequent offence

75

15

Using more than 6 cockle rakes at any 1 time for purpose of taking pipi under licence

(a)

if the offence is expiated

15

(b)

in any other case

50

16(2)

Failing to comply with Minister's determination made for purposes of subregulation (1) as to provision of certain information to Department if fishing activities involving taking of pipi are, or are to be, engaged in

(a)

if the offence is expiated

15

(b)

in any other case

75

17

Failing to land pipi taken under licence subject to pipi quota entitlement within State

(a)

if the offence is expiated

20

(b)

in any other case—

(i)

first offence

60

(ii)

second offence

80

(iii)

third or subsequent offence

100

18

Failing to ensure all pipi taken under licence subject to pipi quota entitlement are delivered or consigned to registered fish processor

(a)

if the offence is expiated

15

(b)

in any other case—

(i)

first offence

45

(ii)

second offence

60

(iii)

third or subsequent offence

75

19(2)

Licence holder, nominated agent or registered master failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of catch and disposal of pipi taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of pipi taken under licence

(a)

if the offence is expiated

15

(b)

in any other case—

(i)

first offence

45

(ii)

second offence

60

(iii)

third or subsequent offence

75

19(3)

Failing to keep records as determined by Minister

(a)

if the offence is expiated

10

(b)

in any other case

50

20(1)

Failing to provide return to Department as determined by Minister

(a)

if the offence is expiated

10

(b)

in any other case

50

20(2)

Failing to keep copy of return provided to Department as determined by Minister

(a)

if the offence is expiated

10

(b)

in any other case

50

21

Failing to keep records in good condition etc or failing to produce records for inspection by fisheries officer—

(a)

if the offence is expiated

10

(b)

in any other case

50

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

with the advice and consent of the Executive Council

on 27 June 2024

No 56 of 2024

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