Fisheries Management (Demerit Points) (Miscellaneous) Amendment Regulations 2023 (SA)

South Australia

Fisheries Management (Demerit Points) (Miscellaneous) Amendment Regulations 2023

under the Fisheries Management Act 2007

Contents

Part 1—Preliminary

1            Short title

2            Commencement

Part 2—Amendment of Fisheries Management (Demerit Points) Regulations 2017

3            Amendment 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) (Miscellaneous) Amendment Regulations 2023.

2—Commencement

These regulations come into operation on 1 May 2023.

Part 2—Amendment of Fisheries Management (Demerit Points) Regulations 2017

3—Amendment of Schedule 1—Demerit point offences and demerit points

1. Schedule 1, clause 2, table, third entry relating to clause 63(1) or (2)—after "Redfish," insert:

   Silver Tandan

2. Schedule 1, clause 2, table—before the first entry relating to clause 64 insert:

63(3)(f) or (4)(f)	Taking Silver Tandan (Porochilus argenteus) and Hyrtl’s Tandan (Neosilurus hyrtlii) (recreational non‑charter boat fishing bag or boat combination limit)—exceeding combination limit:
(a)    if the offence is expiated—
(i)     by up to 3 fish	10
(ii)    by more than 3 fish but not more than 6 fish	15
(iii)    by more than 6 fish but not more than 9 fish	20
(iv)    by more than 9 fish	25
(b)    in any other case—
(i)     first offence	60
(ii)    second offence	80
(iii)    third or subsequent offence	100

1. Schedule 1, clause 8, table after the entry relating to regulation 23E(1)(b) of the Fisheries Management (General) Regulations 2017 insert:

23F	Taking cuttlefish by licensed person in certain waters of Spencer Gulf—
(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
23F	Taking cuttlefish by unlicensed person in certain waters of Spencer Gulf—
(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

1. Schedule 1, clause 17, table, after the entry relating to regulation 14(4) of the Fisheries Management (Rock Lobster Fisheries) Regulations 2017 insert:

14A(1)	Northern Zone Rock Lobster Fishery licence holder taking rock lobster in Northern Zone using rock lobster pot not fitted with 2 escape gaps that comply with prescribed requirements without approval of Minister—
(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
14A(3)	Northern Zone Rock Lobster Fishery Licence holder contravening condition of approval of Minister—
(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

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

with the advice and consent of the Executive Council

on 20 April 2023

No 22 of 2023