Fisheries Management (Demerit Points) (Marine Scalefish Fishery Reform) Variation Regulations 2021 (SA)
South Australia
Fisheries Management (Demerit Points) (Marine Scalefish Fishery Reform) Variation Regulations 2021
under the Fisheries Management Act 2007
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Fisheries Management (Demerit Points) Regulations 2017
4 Variation of Schedule 1—Demerit point offences and demerit points
Part 1—Preliminary
1—Short title
These regulations may be cited as the Fisheries Management (Demerit Points) (Marine Scalefish Fishery Reform) Variation Regulations 2021.
2—Commencement
These regulations come into operation on 1 July 2021.
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 Management (Demerit Points) Regulations 2017
4—Variation of Schedule 1—Demerit point offences and demerit points
Schedule 1, Part 1, clause 2, table, entry relating to clause 29 of Schedule 6 of the Fisheries Management (General) Regulations 2017—delete the entry
Schedule 1, Part 2, clause 7, table—after the entry relating to regulation 15(3) of the Fisheries Management (Fish Processors) Regulations 2017 insert:
15A(2)
Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of King George whiting, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of King George whiting purchased or obtained by, or consigned or delivered to, fish processor—
(a) if the offence is expiated
15
(b) in any other case
75
15A(3)
Failing to keep records made under subregulation (1) in relation to King George whiting as determined by Minister—
(a) if the offence is expiated
10
(b) in any other case
50
15B(2)
Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of snapper, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of snapper purchased or obtained by, or consigned or delivered to, fish processor—
(a) if the offence is expiated
15
(b) in any other case
75
15B(3)
Failing to keep records made under subregulation (1) in relation to snapper as determined by Minister—
(a) if the offence is expiated
10
(b) in any other case
50
15C(2)
Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of southern calamari, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of southern calamari purchased or obtained by, or consigned or delivered to, fish processor—
(a) if the offence is expiated
15
(b) in any other case
75
15C(3)
Failing to keep records made under subregulation (1) in relation to southern calamari as determined by Minister—
(a) if the offence is expiated
10
(b) in any other case
50
15D(2)
Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of southern garfish, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of southern garfish purchased or obtained by, or consigned or delivered to, fish processor—
(a) if the offence is expiated
15
(b) in any other case
75
15D(3)
Failing to keep records made under subregulation (1) in relation to southern garfish as determined by Minister—
(a) if the offence is expiated
10
(b) in any other case
50
Schedule 1, Part 2, clause 10, table, entry relating to regulation 4(3) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017—delete the entry
Schedule 1, Part 2, clause 10, table, entry relating to regulation 11 of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017—delete "in respect of a marine scalefish fishery"
Schedule 1, Part 2, clause 10, table, entry relating to regulation 12 of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017—delete the entry
Schedule 1, Part 2, clause 10, table, entry relating to regulation 14(7) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017—delete the entry
Schedule 1, Part 2, clause 10, table, entry relating to regulation 17(6) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017—delete the entry
Schedule 1, Part 2, clause 10, table, entry relating to regulation 18(1) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017—delete "(other than licence subject to vongole quota entitlement) taking vongole other than for purpose of bait to be used under licence, or taking on 1 day for such purpose number of vongole in excess of daily limit—" and substitute:
taking vongole other than for purpose of bait to be used under licence, or taking vongole on 1 day for such purpose in excess of daily limit fixed by condition of licence—
Schedule 1, Part 2, clause 10, table, entry relating to regulation 18(6) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017—delete the entry and substitute:
18(6)
Licence holder taking sardines other than for purpose of bait to be used under licence, or taking sardines on 1 day for such purpose in excess of daily limit fixed by condition of 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
18(7)
Licence holder taking King George whiting 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
18(8)
Licence holder taking snapper 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
18(9)
Licence holder taking southern calamari 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
18(10)
Licence holder taking southern garfish 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
Schedule 1, Part 2, clause 10, table, entry relating to regulation 23(2) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017—delete the entry
Schedule 1, Part 2, clause 10, table, entry relating to regulation 24(2) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017—delete "Failing to comply with Minister's determination by failing to notify Department of certain information before fishing activities involving taking of vongole under licence subject to vongole quota entitlement—" and substitute:
Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to notify Department of certain information before fishing activities involving taking of King George whiting under licence subject to King George whiting quota entitlement—
Schedule 1, Part 2, clause 10, table—after the entry relating to regulation 25(2) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017 insert:
25A(2)
Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to notify Department of certain information before fishing activities involving taking of snapper under licence subject to snapper quota entitlement—
(a) if the offence is expiated
15
(b) in any other case
75
25B(2)
Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to notify Department of certain information before fishing activities involving taking of southern calamari under licence subject to southern calamari quota entitlement—
(a) if the offence is expiated
15
(b) in any other case
75
25C(2)
Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to notify Department of certain information before fishing activities involving taking of southern garfish under licence subject to southern garfish quota entitlement—
(a) if the offence is expiated
15
(b) in any other case
75
Schedule 1, Part 2, clause 10, table, entry relating to regulation 26(2) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017—delete the entry
Schedule 1, Part 2, clause 10, table, entry relating to regulation 27(6) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017—delete the entry
Schedule 1, Part 2, clause 10, table, entry relating to regulation 28(2) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017—delete "relevant fishing activity" and substitute:
taking pipi in the Lakes and Coorong
Schedule 1, Part 2, clause 10, table, entry relating to regulation 29(2) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017—delete "vongole" wherever occurring and substitute in each case:
King George whiting
Schedule 1, Part 2, clause 10, table, entry relating to regulation 32(2) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017—delete "sardines" and substitute:
snapper
Schedule 1, Part 2, clause 10, table, entry relating to regulation 32(2) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017—delete "sardine" and substitute:
snapper
Schedule 1, Part 2, clause 10, table—after the entry relating to regulation 32(3) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017 insert:
32A(2)
Licence holder 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 southern calamari 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 southern calamari 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
32A(3)
Failing to keep records as determined by Minister—
(a) if the offence is expiated
10
(b) in any other case
50
32B(2)
Licence holder 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 southern garfish 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 southern garfish 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
32B(3)
Failing to keep records as determined by Minister—
(a) if the offence is expiated
10
(b) in any other case
50
Schedule 1, Part 2, clause 10, table, entry relating to regulation 33(1) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017—delete "vongole" wherever occurring and substitute in each case:
King George whiting
Schedule 1, Part 2, clause 10, table, entry relating to regulation 33(2) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017—delete "Marine Scalefish Fishery"
Schedule 1, Part 2, clause 10, table, entry relating to regulation 33(3) of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017—delete the entry and substitute:
33(3)
Licence holder failing to ensure all snapper taken under licence subject to snapper 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
33(4)
Licence holder failing to ensure all southern calamari taken under licence subject to southern calamari 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
33(5)
Licence holder failing to ensure all southern garfish taken under licence subject to southern garfish 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
Schedule 1, Part 2, clause 10, table, entry relating to regulation 34 of the Fisheries Management (Marine Scalefish Fishery) Regulations 2017—delete the entry
Schedule 1, Part 2, clause 17, table, entry relating to regulation 13(6) of the Fisheries Management (Rock Lobster Fisheries) Regulations 2017—delete the entry
Schedule 1, Part 2, clause 17, table—after the entry relating to regulation 15(6) of the Fisheries Management (Rock Lobster Fisheries) Regulations 2017 insert:
17E(1)
Licence holder taking King George whiting for commercial purpose without King George whiting 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
17E(2)
Licence holder taking snapper for commercial purpose without snapper 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
17E(3)
Licence holder taking southern calamari for commercial purpose without southern calamari 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
17E(4)
Licence holder taking southern garfish for commercial purpose without southern garfish 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
Schedule 1, Part 2, clause 17, table, entry relating to regulation 18(1) of the Fisheries Management (Rock Lobster Fisheries) Regulations 2017—delete "Licence holder (other than licence subject to vongole quota entitlement) taking vongole other than for the purpose of bait or taking vongole in excess of the daily limit—" and substitute:
Licence holder taking vongole other than for the purpose of bait to be used under licence, or taking vongole on 1 day for such purpose in excess of daily limit fixed by condition of licence—
Schedule 1, Part 2, clause 17, table, entry relating to regulation 21(2) of the Fisheries Management (Rock Lobster Fisheries) Regulations 2017—delete "vongole" wherever occurring and substitute in each case:
King George whiting
Schedule 1, Part 2, clause 17, table—after the entry relating to regulation 21(2) of the Fisheries Management (Rock Lobster Fisheries) Regulations 2017 insert:
21A(2)
Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to notify Department of certain information before fishing activities involving taking of snapper under licence subject to snapper quota entitlement—
(a) if the offence is expiated
15
(b) in any other case
75
21B(2)
Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to notify Department of certain information before fishing activities involving taking of southern calamari under licence subject to southern calamari quota entitlement—
(a) if the offence is expiated
15
(b) in any other case
75
21C(2)
Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to notify Department of certain information before fishing activities involving taking of southern garfish under licence subject to southern garfish quota entitlement—
(a) if the offence is expiated
15
(b) in any other case
75
Schedule 1, Part 2, clause 17, table, entry relating to regulation 25(2) of the Fisheries Management (Rock Lobster Fisheries) Regulations 2017—delete "vongole" wherever occurring and substitute in each case:
King George whiting
Schedule 1, Part 2, clause 17, table—after the entry relating to regulation 25(2) of the Fisheries Management (Rock Lobster Fisheries) Regulations 2017 insert:
25A(2)
Licence holder 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 snapper 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 snapper 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
25A(3)
Failing to keep records as determined by Minister—
(a) if the offence is expiated
10
(b) in any other case
50
25B(2)
Licence holder 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 southern calamari 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 southern calamari 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
25B(3)
Failing to keep records as determined by Minister—
(a) if the offence is expiated
10
(b) in any other case
50
25C(2)
Licence holder 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 southern garfish 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 southern garfish 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
25C(3)
Failing to keep records as determined by Minister—
(a) if the offence is expiated
10
(b) in any other case
50
Schedule 1, Part 2, clause 17, table, entry relating to regulation 26 of the Fisheries Management (Rock Lobster Fisheries) Regulations 2017—delete the entry and substitute:
26(1)
Licence holder failing to ensure all King George whiting taken under licence subject to King George whiting 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
26(2)
Licence holder failing to ensure all snapper taken under licence subject to snapper 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
26(3)
Licence holder failing to ensure all southern calamari taken under licence subject to southern calamari 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
26(4)
Licence holder failing to ensure all southern garfish taken under licence subject to southern garfish 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
Schedule 1, Part 2—after clause 17 insert:
17A—Fisheries Management (Sardine Fishery) Regulations 2021
Regulation
Description of offence
Demerit points
9(6)
Licence holder taking sardines while unit entitlement is below prescribed number—
(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
10(2)
Being registered owner or registered master of boat registered under more than 1 licence in respect of the fishery used to take sardines under more than 1 licence at the same time—
(a) if the offence is expiated
15
(b) in any other case
50
11(2)
Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to notify Department of certain information before boat registered under more than 1 licence in respect of the fishery is used to take sardines under such licence—
(a) if the offence is expiated
15
(b) in any other case
75
12(2)
Licence holder 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 sardines 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 sardines 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
12(3)
Failing to keep records as determined by Minister—
(a) if the offence is expiated
10
(b) in any other case
50
13
Licence holder failing to ensure all sardines taken under licence 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
14
Licence holder or registered master causing, suffering or permitting sardines to be unloaded onto boat not specified on certificate of registration of fish processor to whom sardines are to be consigned—
(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(1)
Failing to provide return to Department as determined by Minister—
(a) if the offence is expiated
15
(b) in any other case
50
15(2)
Failing to keep record of return provided to Department as determined by Minister—
(a) if the offence is expiated
15
(b) in any other case
50
16
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
Schedule 1, Part 2—after clause 18 insert:
19—Fisheries Management (Vongole Fishery) Regulations 2021
Regulation
Description of offence
Demerit points
9(7)
Licence holder taking vongole for commercial purpose in a vongole fishing zone without quota entitlement relating to that zone—
(a) first offence
45
(b) second offence
60
(c) third or subsequent offence
75
10(2)
Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to notify Department of certain information before fishing activities involving taking of vongole under licence—
(a) if the offence is expiated
15
(b) in any other case
75
11(2)
Causing or permitting agents to be engaged in taking vongole on shore when licence holder or registered master is not also so engaged etc at the same time—
(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 vongole on shore 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 taking vongole on shore when licence holder is not also so engaged etc at the same time—
(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 vongole on shore at the same time—
(a) if the offence is expiated
15
(b) in any other case
50
13(2)
Licence holder 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 vongole 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 vongole 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
13(3)
Failing to keep records as determined by Minister—
(a) if the offence is expiated
10
(b) in any other case
50
14
Licence holder failing to ensure all vongole taken under licence 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
15(1)
Failing to provide return to Department as determined by Minister—
(a) if the offence is expiated
15
(b) in any other case
50
15(2)
Failing to keep record of return provided to Department as determined by Minister—
(a) if the offence is expiated
15
(b) in any other case
50
16
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 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 24 June 2021
No 91 of 2021
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