Fisheries Management (Demerit Points) Regulations 2017 (SA)

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South Australia

Fisheries Management (Demerit Points) Regulations 2017

under the Fisheries Management Act 2007

1Short title

These regulations may be cited as the Fisheries Management (Demerit Points) Regulations 2017.

3Interpretation
  1. (1)

    In these regulations—

Act means the Fisheries Management Act 2007.

  1. (2)

    The clause headings in Schedule 1 form part of these regulations.

4Demerit points
  1. (1)

    For the purposes of section 104(1) of the Act—

    1. (a)

      an offence against a provision specified in Schedule 1 is an offence of a prescribed kind and the number of demerit points prescribed in relation to the offence is the number specified for the offence in Schedule 1; and

    2. (b)

      an offence against section 120 of the Act is an offence of a prescribed kind and the number of demerit points prescribed in relation to the offence is the same number as the number specified for the principal offence in Schedule 1.

  2. (2)

    Text set out in italic type under a column headed "Description of offence" in a table in Schedule 1 is a description for convenience purposes only and is not to be taken to define the offence for which a particular number is prescribed as the number of demerit points attracted by the offence.

Schedule 1—Demerit point offences and demerit points

Part 1—Offences against Act

1—Sections other than section 70

 

Section

Description of offence

Demerit points

52

Person not holding licence or permit in respect of fishery, or person not acting as agent of holder of such licence or permit, engaging, for commercial purpose, in fishing activity of class that constitutes fishery

100

53(1)(a)

Using boat other than registered boat, for commercial purpose, to engage in fishing activity of class that constitutes fishery

50

53(1)(b)

Using boat in charge of person other than registered master, for commercial purpose, to engage in fishing activity of class that constitutes fishery

50

53(2)

Using unregistered device, for commercial purpose, to engage in fishing activity of class that constitutes fishery

75

55(3)

Contravening condition of fishery authority related to quota entitlement—

(a)

if the offence is expiated by the holder of the authority and the Minister has not varied the conditions of the authority so as to reduce the quota entitlement under the licence

20

(b)

in any other case

100

55(3)

Contravening condition of fishery authority not related to quota entitlement—

(a)

if the offence is expiated

20

(b)

in any other case

50

59(1)

Holder of fishery authority failing to carry fishery authority or identification while engaging in fishing activity under fishery authority—

(a)

if the offence is expiated

5

(b)

in any other case

25

59(2)

Person in charge of registered boat on waters failing to carry fishery authority or identification—

(a)

if the offence is expiated

5

(b)

in any other case

25

59(3)(a)

Person using registered device on waters failing to carry fishery authority or identification—

(a)

if the offence is expiated

5

(b)

in any other case

25

59(3)(b)

Person in charge of boat on which registered device is being used failing to carry fishery authority or identification—

(a)

if the offence is expiated

5

(b)

in any other case

25

62(1)

Person not registered as fish processor acting as fish processor

75

62(3)

Registered fish processor using premises, place, boat or vehicle not specified in certificate of registration for or in connection with processing, storing, transporting or dealing with aquatic resources—

(a)

if the offence is expiated

10

(b)

in any other case

50

65(4)

Registered fish processor contravening condition of registration—

(a)

if the offence is expiated

10

(b)

in any other case

25

67(a)

Giving another person possession or control of fishery authority not in name of the other person

75

67(b)

Having possession or control of another person's fishery authority

75

67(c)

Falsely representing to be person named in fishery authority

75

71(1)(a)

Taking aquatic mammal

100

71(1)(a)

Taking aquatic resource of protected species—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

80

  1. (ii)

    second or subsequent offence

100

71(1)(b)

Injuring, damaging or otherwise harming aquatic mammal—

(a)

if the offence is expiated

20

(b)

in any other case

100

71(1)(b)

Injuring, damaging or otherwise harming aquatic resource of protected species—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

80

  1. (ii)

    second or subsequent offence

100

71(2)(a)

Interfering with, harassing or molesting aquatic mammal

100

71(2)(a)

Interfering with, harassing or molesting aquatic resource of protected species—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

80

  1. (ii)

    second or subsequent offence

100

71(2)(b)

Causing or permitting interference with, or harassment or molestation of, aquatic mammal

100

71(2)(b)

Causing or permitting interference with, or harassment or molestation of, aquatic resource of protected species—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

80

  1. (ii)

    second or subsequent offence

100

72(1)

Selling or purchasing aquatic resource taken without authority

100

72(2)(a)

Selling or purchasing, or having possession or control, of aquatic resource taken in contravention of Act or corresponding law

100

72(2)(b)

Selling or purchasing, or having possession or control of, aquatic resource of protected species

100

72(2)(c)

Selling or purchasing, or having possession or control of, aquatic resource of prescribed class—

(a)

first offence

45

(b)

second offence

60

(c)

third or subsequent offence

75

73(1)

Possessing quantity of fish of priority species exceeding prescribed quantity

100

73(1)

Possessing quantity of aquatic resource (other than fish of priority species) exceeding prescribed quantity—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

74(1)

Trafficking in, or having possession or control of, commercial quantity of fish of priority species

100

75(1)

Obstructing or interfering with lawful fishing activity or interfering with aquatic resources taken in course of lawful fishing activity—

(a)

if the offence is expiated

15

(b)

in any other case

50

75(2)

Failing to cease or discontinue obstructive conduct or interference with lawful fishing activity—

(a)

if the offence is expiated

15

(b)

in any other case

75

76(a)

Entering or remaining in aquatic reserve without authorisation or permit—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

76(b)

Engaging in fishing activity in aquatic reserve without authorisation or permit—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

77(1)(a)

Engaging in operation involving or resulting in disturbance of bed of waters in aquatic reserve without authorisation or permit—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

77(1)(b)

Engaging in operation involving or resulting in removal of or interference with aquatic or benthic animals or plants of waters in aquatic reserve—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

78(1)(a)

Bringing into State aquatic resources of noxious species without permit

100

78(1)(b)

Taking from any waters aquatic resources of noxious species without permit

100

78(1)(c)

Selling, purchasing or delivering aquatic resources of noxious species without permit

100

78(1)(d)

Having possession or control of aquatic resources of noxious species without permit

100

78(2)(a)

Releasing or permitting escape into any waters of exotic fish, aquaculture fish, or fish kept apart from natural habitat, without permit

100

78(2)(b)

Depositing into any waters exotic fish, aquaculture fish, fish kept apart from natural habitat, or exotic aquatic plants, without permit

100

79(9)(a)

Engaging in fishing activity in contravention of declaration or direction under section 79—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

79(9)(b)

Having possession or control of aquatic resources in contravention of declaration under section 79—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

79A(3)

Contravening condition of a permit issued for purposes of Part 7

100

80(8)

Failing to comply with requirement of Minister

5

84(3)

Resisting arrest or escaping from lawful custody

100

88(4)

Using registered boat without scientific observer aboard during period specified in notice given by Minister

100

91(1)

Hindering etc authorised person

100

91(2)

Assaulting authorised person etc

100

92(9)

Failing to comply with protection order—

(a)

if the offence is expiated

20

(b)

in any other case

100

94(9)

Failing to comply with reparation order

100

102(2)

Contravening suspension, disqualification or prohibition order made by court

100

115(6)

Contravening condition of exemption—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

119

Making false or misleading statement in information provided, or record kept, under Act

100

124(1)

Person engaged in administration of Act divulging or communicating information obtained in course of official duties except in prescribed circumstances

100

124(3)

Person using for other purpose information disclosed for particular purpose

100

2—Section 70 (Prescribed fishing activities prohibited)—engaging in a fishing activity of class specified in Schedule 6 of Fisheries Management (General) Regulations 2017

 

Clause

Description of offence

Demerit points

1

Taking fish in Coorong (area 1), Coorong (area 2) or Coorong coastal waters by using net other than small or large mesh monofilament net or small or large multifilament hauling net (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

2

Taking fish in Coorong (area 1) or Coorong (area 2) using large mesh monofilament net other than as set net (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

3

Taking fish in Coorong (area 1) using certain net during closed season (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

4

Taking fish in coastal waters using hauling net during certain holiday periods (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

5

Taking fish in certain coastal waters using swinger net (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

6

Taking fish in River Murray proper using certain device (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

7

Taking fish for purpose of bait using fish net other than bait net (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

8

Taking Scallop using scallop dredge (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

9(1)

Taking certain fish in Lakes and Coorong using more than permitted number of certain nets at same time (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

10

Taking fish using drum net of unlawful specifications (commercial)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

11

Taking fish in coastal waters using gill net or mesh net of unlawful specifications (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

12(a)

Taking fish in Coorong (area 1), Coorong (area 2) or Coorong coastal waters using small mesh monofilament net of unlawful specifications as set net (commercial)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

12(b)

Taking fish in Coorong (area 1), Coorong (area 2) or Coorong coastal waters using small mesh monofilament net otherwise than as set net in certain circumstances (commercial)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

13

Taking fish in Coorong (area 1), Coorong (area 2) or Coorong coastal waters using large monofilament mesh net of unlawful specifications (commercial)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

14

Taking fish in Coorong coastal waters using large mesh monofilament net of unlawful specifications other than as set net (commercial)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

15

Taking fish in Coorong (area 1), Coorong (area 2) or Coorong coastal waters using multifilament hauling net of unlawful specifications (commercial)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

16(1)

Taking prawn in coastal waters using prawn trawl net of unlawful specifications (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

17

Taking Blue Swimmer Crab using crab net of unlawful specifications (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

18(1)

Taking rock lobster in Northern Zone using rock lobster pot of unlawful specifications (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

19

Taking rock lobster in Southern Zone using rock lobster pot of unlawful specifications (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

20

Taking Ocean Jacket in waters deeper than 60 m using fish trap of unlawful specifications (commercial)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

21

Taking fish using fish trap of unlawful specifications (commercial)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

22

Taking Pipi in Coorong coastal waters using cockle rake of unlawful specifications (commercial)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

23

Taking fish using certain device without buoy (commercial)—

(a)

if the offence is expiated

10

(b)

in any other case

25

24

Taking fish using certain device without tag (commercial)—

(a)

if the offence is expiated

10

(b)

in any other case

25

26

Taking fish by licensed person using trawl nets and boats in Gulf St. Vincent Prawn Fishery—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

27

Taking fish by licensed person using trawl nets and boats in Spencer Gulf Prawn Fishery—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

28

Taking fish by licensed person using trawl nets and boats in West Coast Prawn Fishery—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

30

Taking fish using set line with more than permitted number of hooks (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

31

Taking certain fish in River Murray (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

32

Taking Blue Swimmer Crab in certain Spencer Gulf waters (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

33

Taking Blue Swimmer Crab, Rock Crab or Spider Crab in certain other waters (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

34

Taking Sand Crab using sand crab pot in certain waters (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

35

Taking Vongole in certain waters (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

35A

Taking Pipi in certain waters (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

36

Taking Blue Swimmer Crab in certain waters during closed season (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

37

Taking fish in River Murray using certain device without buoy or tag (commercial)—

(a)

if the offence is expiated

10

(b)

in any other case

25

38

Taking fish in Lakes and Coorong by electrofishing (commercial)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

39

Taking fish in coastal waters using fish net or long line (recreational)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

40

Taking fish using fish net in River Murray proper (recreational)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

41

Taking fish in Coorong (area 1) using fish net during certain period (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

42(1)

Taking fish in waters of State using certain fish traps (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

42(2)

Taking fish in coastal waters using pyramid net (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

43

Taking fish in coastal waters using more than permitted number of certain devices (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

44

Taking fish in certain inland waters using more than permitted number of certain devices (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

45

Taking fish in Coorong (area 1) using more than permitted number of certain devices during certain period (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

46

Taking fish in Coorong (area 2) using more than permitted number of certain devices (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

47

Taking fish in Lakes Albert and Alexandrina using more than permitted number of certain devices (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

48

Taking fish in Lake George using more than permitted number of certain devices (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

49

Taking fish in Coorong (area 1) during certain period using mesh net of unlawful specifications (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

50

Taking fish in Coorong (area 2) using mesh net of unlawful specifications (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

51

Taking fish in Lakes Albert and Alexandrina using mesh net of unlawful specifications (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

52

Taking fish in Lake George using mesh net of unlawful specifications (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

53

Taking crabs using crab net or hand net of unlawful specifications (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

54

Taking rock lobster in Northern Zone or Southern Zone using rock lobster pot of unlawful specifications (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

55

Taking fish using device without tag (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

15

  1. (ii)

    second offence

20

  1. (iii)

    third or subsequent offence

25

56

Taking fish using mesh net without tag (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

15

  1. (ii)

    second offence

20

  1. (iii)

    third or subsequent offence

25

57

Taking fish in Lake George using mesh net without buoy or tag (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

15

  1. (ii)

    second offence

20

  1. (iii)

    third or subsequent offence

25

58

Taking fish using drop net without buoy or tag (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

15

  1. (ii)

    second offence

20

  1. (iii)

    third or subsequent offence

25

59

Taking fish using hoop net without buoy or tag (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

15

  1. (ii)

    second offence

20

  1. (iii)

    third or subsequent offence

25

60

Taking rock lobster using rock lobster pot without buoy or tag (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

15

  1. (ii)

    second offence

20

  1. (iii)

    third or subsequent offence

25

61

Taking fish using shrimp trap or pyramid net without buoy or tag (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

15

  1. (ii)

    second offence

20

  1. (iii)

    third or subsequent offence

25

62

Taking fish using device with tag bearing registration information relating to device registered for commercial fishing (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

15

  1. (ii)

    second offence

20

  1. (iii)

    third or subsequent offence

25

63(1) or (2)

Taking Albacore, Bronze Whaler Shark, Congolli, Dusky Shark, Gummy Shark, Harlequin Fish, Mulloway (outside Coorong), Samsonfish, School Shark, Snapper, Southern Bluefin Tuna, Western Blue Groper & Yellowtail Kingfish (recreational non‑charter boat fishing bag or boat limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by 1 fish

10

  1. (ii)

    by 2 fish

15

  1. (iii)

    by 3 fish

20

  1. (iv)

    by more than 3 fish

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

63(1) or (2)

Taking Blue Morwong (Queen Snapper), Cuttlefish, Golden Perch, Grunter, King George Whiting, Lake Eyre Perch, small Mulloway (within Coorong), Southern Calamari & Wrasse (recreational non‑charter boat fishing bag or boat limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 3 fish

10

  1. (ii)

    by more than 3 but not more than 6 fish

15

  1. (iii)

    by more than 6 but not more than 9 fish

20

  1. (iv)

    by more than 9 fish

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

63(1) or (2)

Taking Bight Redfish, Silver Tandan, Blue Swimmer Crab, Bream, Flathead, Hyrtl’s Tandan, Redfish, Swallowtail, Razorfish, large Salmon, Sand Crab, Southern Garfish, Spangled Perch & Yellowfin Whiting (recreational non‑charter boat fishing bag or boat limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 5 fish

5

  1. (ii)

    by more than 5 but not more than 10 fish

10

  1. (iii)

    by more than 10 but not more than 15 fish

15

  1. (iv)

    by more than 15 but not more than 20 fish

20

  1. (v)

    by more than 20 fish

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

63(1) or (2)

Taking Australian Herring, Flounder, small Salmon, Sea Urchin, Scallop, Snook, Sweep & Trevally (recreational non‑charter boat fishing bag or boat limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 10 fish

5

  1. (ii)

    by more than 10 but not more than 20 fish

10

  1. (iii)

    by more than 20 but not more than 30 fish

15

  1. (iv)

    by more than 30 but not more than 40 fish

20

  1. (v)

    by more than 40 fish

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

63(1) or (2)

Taking Mullet & Yabby (recreational non‑charter boat fishing bag or boat limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 15 fish

5

  1. (ii)

    by more than 15 but not more than 30 fish

10

  1. (iii)

    by more than 30 but not more than 45 fish

15

  1. (iv)

    by more than 45 but not more than 60 fish

20

  1. (v)

    by more than 60 fish

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

63(3)(a) or (4)(a)

Taking Southern Calamari and Cuttlefish (recreational non‑charter boat fishing bag or boat combination limit)—exceeding combination limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 3 fish

10

  1. (ii)

    by more than 3 but not more than 6 fish

15

  1. (iii)

    by more than 6 but not more than 9 fish

20

  1. (iv)

    by more than 9 fish

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

63(3)(b) or (4)(b)

Taking crab (being a combination of Blue Swimmer Crab and Sand Crab) (recreational non‑charter boat fishing bag or boat combination limit)—exceeding combination limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 5 crab

5

  1. (ii)

    by more than 5 but not more than 10 crab

10

  1. (iii)

    by more than 10 but not more than 15 crab

15

  1. (iv)

    by more than 15 but not more than 20 crab

20

  1. (v)

    by more than 20 crab

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

63(3)(c) or (4)(c)

Taking perch (being a combination of Golden Perch and Lake Eyre Perch) (recreational non‑charter boat fishing bag or boat combination limit)—exceeding combination limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 3 fish

10

  1. (ii)

    by more than 3 but not more than 6 fish

15

  1. (iii)

    by more than 6 but not more than 9 fish

20

  1. (iv)

    by more than 9 fish

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

63(3)(d) or (4)(d)

Taking shark (being a combination of Gummy Shark and School Shark) (recreational non‑charter boat fishing bag or boat combination limit)—exceeding combination limit:

(a)

if the offence is expiated—

  1. (i)

    by 1 shark

10

  1. (ii)

    by 2 shark

15

  1. (iii)

    by 3 shark

20

  1. (iv)

    by more than 3 shark

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

63(3)(e) or (4)(e)

Taking shark (being a combination of Bronze Whaler Shark and Dusky Shark) (recreational non‑charter boat fishing bag or boat combination limit)—exceeding combination limit:

(a)

if the offence is expiated—

  1. (i)

    by 1 shark

10

  1. (ii)

    by 2 shark

15

  1. (iii)

    by 3 shark

20

  1. (iv)

    by more than 3 shark

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

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—

  1. (i)

    by up to 3 fish

10

  1. (ii)

    by more than 3 fish but not more than 6 fish

15

  1. (iii)

    by more than 6 fish but not more than 9 fish

20

  1. (iv)

    by more than 9 fish

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

64

Taking rock lobster in the Northern Zone or Southern Zone (recreational non‑charter boat fishing bag or boat limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by 1 rock lobster

10

  1. (ii)

    by 2 rock lobster

15

  1. (iii)

    by 3 rock lobster

20

  1. (iv)

    by more than 3 rock lobster

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

64

Taking abalone (recreational non‑charter boat fishing bag or boat limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by 1 abalone

10

  1. (ii)

    by 2 abalone

15

  1. (iii)

    by 3 abalone

20

  1. (iv)

    by more than 3 abalone

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

64

Taking Murray Cod (recreational non‑charter boat fishing bag or boat limit—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by 1 Murray Cod

15

  1. (ii)

    by 2 Murray Cod

20

  1. (iii)

    by more than 2 Murray Cod

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

65(1)

Taking Cockle and Vongole (recreational bag limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 25 cockles or vongole

5

  1. (ii)

    by more than 25 but not more than 50 cockles or vongole

10

  1. (iii)

    by more than 50 but not more than 75 cockles or vongole

15

  1. (iv)

    by more than 75 but not more than 100 cockles or vongole

20

  1. (v)

    by more than 100 cockles or vongole

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

65(1)

Taking Black Cowrie (recreational bag limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by 1 Black Cowrie

10

  1. (ii)

    by 2 Black Cowrie

15

  1. (iii)

    by 3 Black Cowrie

20

  1. (iv)

    by more than 3 Black Cowrie

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

65(1)

Taking Pipi (recreational bag limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 25 Pipi

5

  1. (ii)

    by more than 25 but not more than 50 Pipi

10

  1. (iii)

    by more than 50 but not more than 75 Pipi

15

  1. (iv)

    by more than 75 but not more than 100 Pipi

20

  1. (v)

    by more than 100 Pipi

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

65(1)

Taking Large Mulloway within the Coorong (recreational bag limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by 1 Large Mulloway

10

  1. (ii)

    by 2 Large Mulloway

15

  1. (iii)

    by 3 Large Mulloway

20

  1. (iv)

    by more than 3 Large Mulloway

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

65(2)

Taking bloodworms(recreational limit)—exceeding limit:

(a)

if the offence is expiated

  1. (i)

    by up to 4 litres

10

  1. (ii)

    by more than 4 litres

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

66

Taking Abalone, Albacore, Congolli, Giant Crab, Gummy Shark, Harlequin Fish, School Shark, Snapper and Rock Lobster (recreational charter boat fishing bag or trip limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by 1 fish

10

  1. (ii)

    by 2 fish

15

  1. (iii)

    by 3 fish

20

  1. (iv)

    by more than 3 fish

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

66

Taking Barracouta, Blue Morwong (Queen Snapper), Cuttlefish, Gemfish, Jackass Morwong, King George Whiting, Southern Calamari & Wrasse (recreational charter boat fishing bag or trip limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 3 fish

10

  1. (ii)

    by more than 3 but not more than 6 fish

15

  1. (iii)

    by more than 6 but not more than 9 fish

20

  1. (iv)

    by more than 9 fish

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

66

Taking Bight Redfish, Blue Swimmer Crabs, Bream, Eastern School Whiting, Flathead, Razorfish, large Salmon, Sand Crabs, Southern Garfish, Swallowtail, Yelloweye Redfish & Yellowfin Whiting (recreational charter boat fishing bag or trip limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 5 fish

5

  1. (ii)

    by more than 5 but not more than 10 fish

10

  1. (iii)

    by more than 10 but not more than 15 fish

15

  1. (iv)

    by more than 15 but not more than 20 fish

20

  1. (v)

    by more than 20 fish

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

66

Taking Australian Herring, Flounder, small Salmon, Sea Urchin, Scallop, Snook, Sweep & Trevally (recreational charter boat fishing bag or trip limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 10 fish

5

  1. (ii)

    by more than 10 but not more than 20 fish

10

  1. (iii)

    by more than 20 but not more than 30 fish

15

  1. (iv)

    by more than 30 but not more than 40 fish

20

  1. (v)

    by more than 40 fish

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

66

Taking Mullet (recreational charter boat fishing bag or trip limit—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 15 Mullet

5

  1. (ii)

    by more than 15 but not more than 30 Mullet

10

  1. (iii)

    by more than 30 but not more than 45 Mullet

15

  1. (iv)

    by more than 45 but not more than 60 Mullet

20

  1. (v)

    by more than 60 Mullet

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

66

Taking Cockle or Vongole (recreational charter boat fishing bag or trip limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 25 cockles or vongole

5

  1. (ii)

    by more than 25 but not more than 50 cockles or vongole

10

  1. (iii)

    by more than 50 but not more than 75 cockles or vongole

15

  1. (iv)

    by more than 75 but not more than 100 cockles or vongole

20

  1. (v)

    by more than 100 cockles or vongole

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

66

Taking Pipi (recreational charter boat fishing bag or trip limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 25 Pipi

5

  1. (ii)

    by more than 25 but not more than 50 Pipi

10

  1. (iii)

    by more than 50 but not more than 75 Pipi

15

  1. (iv)

    by more than 75 but not more than 100 Pipi

20

  1. (v)

    by more than 100 Pipi

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

67(a)

Taking Southern Calamari and Cuttlefish (recreational charter boat fishing daily bag (combination) limit)—exceeding combination limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 3 fish

10

  1. (ii)

    by more than 3 but not more than 6 fish

15

  1. (iii)

    by more than 6 but not more than 9 fish

20

  1. (iv)

    by more than 9 fish

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

67(b)

Taking Cockle and Vongole (recreational charter boat fishing daily bag (combination) limit)—exceeding combination limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 25 cockle and vongole

5

  1. (ii)

    by more than 25 but not more than 50 cockle and vongole

10

  1. (iii)

    by more than 50 but not more than 75 cockle and vongole

15

  1. (iv)

    by more than 75 but not more than 100 cockle and vongole

20

  1. (v)

    by more than 100 cockle and vongole

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

67(c)

Taking crab (being a combination of Blue Swimmer Crab and Sand Crab) (recreational charter boat fishing daily bag (combination) limit)— exceeding combination limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 5 crab

5

  1. (ii)

    by more than 5 but not more than 10 crab

10

  1. (iii)

    by more than 10 but not more than 15 crab

15

  1. (iv)

    by more than 15 but not more than 20 crab

20

  1. (v)

    by more than 20 crab

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

67(d)

Taking redfish (being a combination of Yelloweye Redfish and Bight Redfish) (recreational charter boat fishing daily bag (combination) limit)— exceeding combination limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 5 fish

5

  1. (ii)

    by more than 5 but not more than 10 fish

10

  1. (iii)

    by more than 10 but not more than 15 fish

15

  1. (iv)

    by more than 15 but not more than 20 fish

20

  1. (v)

    by more than 20 fish

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

67(e)

Taking shark (being Gummy Shark or School Shark) (recreational charter boat fishing daily bag (combination) limit)—exceeding combination limit:

(a)

if the offence is expiated—

  1. (i)

    by 1 shark

10

  1. (ii)

    by 2 shark

15

  1. (iii)

    by 3 shark

20

  1. (iv)

    by more than 3 shark

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

67(f)

Taking shark (being Bronze Whaler Shark or Dusky Shark) (recreational charter boat fishing daily bag (combination) limit)— exceeding combination limit

(a)

if the offence is expiated—

  1. (i)

    by 1 shark

10

  1. (ii)

    by 2 shark

15

  1. (iii)

    by 3 shark

20

  1. (iv)

    by more than 3 shark

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

68

Taking Blue Warehou (recreational charter boat fishing daily bag or trip limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 5 Blue Warehou

5

  1. (ii)

    by more than 5 but not more than 10 Blue Warehou

10

  1. (iii)

    by more than 10 but not more than 15 Blue Warehou

15

  1. (iv)

    by more than 15 but not more than 20 Blue Warehou

20

  1. (v)

    by more than 20 Blue Warehou

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

68

Taking Rock Ling (recreational charter boat fishing daily bag or trip limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by 1 Rock Ling

10

  1. (ii)

    by 2 Rock Ling

15

  1. (iii)

    by 3 Rock Ling

20

  1. (iv)

    by more than 3 Rock Ling

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

68

Taking Silver Warehou (recreational charter boat fishing daily bag or trip limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by up to 5 Silver Warehou

5

  1. (ii)

    by more than 5 but not more than 10 Silver Warehou

10

  1. (iii)

    by more than 10 but not more than 15 Silver Warehou

15

  1. (iv)

    by more than 15 but not more than 20 Silver Warehou

20

  1. (v)

    by more than 20 Silver Warehou

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

68

Taking Southern Bluefin Tuna (recreational charter boat fishing daily bag or trip limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by 1 Southern Bluefin Tuna

10

  1. (ii)

    by 2 Southern Bluefin Tuna

15

  1. (iii)

    by 3 Southern Bluefin Tuna

20

  1. (iv)

    by more than 3 Southern Bluefin Tuna

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

68

Taking Western Blue Groper in certain waters (recreational charter boat fishing daily bag or trip limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by 1 Western Blue Groper

10

  1. (ii)

    by 2 Western Blue Groper

15

  1. (iii)

    by 3 Western Blue Groper

20

  1. (iv)

    by more than 3 Western Blue Groper

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

68

Taking Yellowtail Kingfish (recreational charter boat fishing daily bag or trip limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by 1 Yellowtail Kingfish

10

  1. (ii)

    by 2 Yellowtail Kingfish

15

  1. (iii)

    by 3 Yellowtail Kingfish

20

  1. (iv)

    by more than 3 Yellowtail Kingfish

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

68

Taking Mulloway (Outside Coorong) (recreational charter boat fishing daily bag or trip limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by 1 Mulloway

10

  1. (ii)

    by 2 Mulloway

15

  1. (iii)

    by 3 Mulloway

20

  1. (iv)

    by more than 3 Mulloway

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

68

Taking Samsonfish (recreational charter boat fishing daily bag or trip limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by 1 Samsonfish

10

  1. (ii)

    by 2 Samsonfish

15

  1. (iii)

    by 3 Samsonfish

20

  1. (iv)

    by more than 3 Samsonfish

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

68

Taking Bronze Whaler Shark (recreational charter boat fishing daily bag or trip limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by 1 Bronze Whaler Shark

10

  1. (ii)

    by 2 Bronze Whaler Shark

15

  1. (iii)

    by 3 Bronze Whaler Shark

20

  1. (iv)

    by more than 3 Bronze Whaler Shark

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

68

Taking Dusky Shark (recreational charter boat fishing daily bag or trip limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by 1 Dusky Shark

10

  1. (i)

    by 1 Dusky Shark

15

  1. (iii)

    by 3 Dusky Shark

20

  1. (iv)

    by more than 3 Dusky Shark

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

70

Taking fish in Coorong (area 1) during certain period using mesh net in unlawful manner or without attending net (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

71

Taking fish in Coorong (area 2) using mesh net in unlawful manner or without attending net (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

72

Taking fish in Lakes Albert and Alexandrina using mesh net in unlawful manner or without attending net (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

73

Taking fish in Lake George using mesh net in unlawful manner or at certain times of day without attending net (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

73A

Taking Pipi in certain waters (recreational)—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

73B

Taking Pipi in certain waters in closed season (recreational)—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

74

Taking fish for non‑commercial purpose using device other than permitted device etc—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

75

Taking fish for non‑commercial purpose using mesh net or rock lobster pot not registered in user's name—

(a)

if the offence is expiated

20

(b)

in any other case

100

76

Taking fish using bow and arrow—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

77

Taking rock lobster using fish spear etc—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

78

Taking fish using more than permitted number of rod and lines or hand lines etc—

(a)

if the offence is expiated

5

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

79

Taking fish using more than permitted number of large mesh nets—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

80

Taking fish using more than permitted number of teaser lines from jetty etc—

(a)

if the offence is expiated

5

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

82

Taking fish by licensed person in Lake George using fish net of unlawful specifications—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

82

Taking fish by unlicensed person in Lake George using fish net of unlawful specifications—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

83

Taking fish in coastal waters other than by power hauling method using hauling net of unlawful specifications—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

84

Taking fish by power hauling method using hauling net of unlawful specifications etc—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

85

Taking fish by licensed person in certain Coorong waters using mesh net of unlawful specifications—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

85

Taking fish by unlicensed person in certain Coorong waters using mesh net of unlawful specifications—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

86

Taking fish on week days in certain waters using mesh net of unlawful specifications—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

87

Taking fish by licensed person in Lakes Albert and Alexandrina using mesh net of unlawful specifications—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

87

Taking fish by unlicensed person in Lakes Albert and Alexandrina using mesh net of unlawful specifications—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

88

Taking fish using large mesh net of unlawful specifications—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

89

Taking Salmon using purse seine net of unlawful specifications—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

90

Taking fish by licensed person using shrimp trap of unlawful specifications—

(a)

if the offence is expiated

5

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

90

Taking fish by unlicensed person using shrimp trap of unlawful specifications—

(a)

if the offence is expiated

5

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

91

Taking fish by licensed person using mesh net or set line without buoys—

(a)

if the offence is expiated

10

(b)

in any other case

25

91

Taking fish by unlicensed person using mesh net or set line without buoys—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

15

  1. (ii)

    second offence

20

  1. (iii)

    third or subsequent offence

25

92

Taking fish by licensed person using fish net without buoys—

(a)

if the offence is expiated

10

(b)

in any other case

25

92

Taking fish by unlicensed person using fish net without buoys—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

15

  1. (ii)

    second offence

20

  1. (iii)

    third or subsequent offence

25

93

Taking fish by licensed person in Lakes Albert and Alexandrina, Murray Mouth or Coorong using fish net within certain distance of another fish net—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

93

Taking fish by unlicensed person in Lakes Albert and Alexandrina, Murray Mouth or Coorong using fish net within certain distance of another fish net—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

94

Taking fish in certain waters using device other than rod and line, hand line or hand net—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

95(1)

Taking fish by licensed person in certain inland waters using a fyke net—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

95(1)

Taking fish by unlicensed person in certain inland waters using a fyke net—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

96

Taking fish using towed net in certain waters—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

97

Taking fish in certain waters deeper than 5 m using fish net—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

98

Taking fish in certain waters of Spencer Gulf using fish net—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

99

Taking fish by licensed person in certain waters of Coorong using fish net or set line—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

99

Taking fish by unlicensed person in certain waters of Coorong using fish net or set line—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

100

Taking fish in Murray Mouth using long line—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

101

Taking fish by licensed person in certain waters using mesh net as set net—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

101

Taking fish by unlicensed person in certain waters using mesh net as set net—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

102

Taking fish by licensed person in certain waters of Coorong using mesh net as set net on weekend—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

102

Taking fish by unlicensed person in certain waters of Coorong using mesh net as set net on weekend—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

103

Taking fish in certain waters of Coorong using hauling net on weekend—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

104(1) or (2)

Taking fish by licensed person using certain device near artificial reef—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

104(1) or (2)

Taking fish by unlicensed person using certain device near artificial reef—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

105

Taking fish using large mesh net left in water more than 4 hours—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

106

Taking prawn by licensed person by power hauling method—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

106

Taking prawn by unlicensed person by power hauling method—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

107

Taking fish in Gulf St. Vincent or Spencer Gulf using large mesh net not shot out in straight line—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

108

Taking fish using fish net fixed etc across bay, inlet etc—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

109

Taking fish by licensed person by fixing or placing stake, log etc across mouth of waters, channel etc so as to impair free passage of fish—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

109

Taking fish by unlicensed person by fixing or placing stake, log etc across mouth of waters, channel etc so as to impair free passage of fish—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

110

Taking fish by licensed person using pipeline—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

110

Taking fish by unlicensed person using pipeline—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

111

Taking fish using explosive or certain substances—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

112

Taking rock lobster by diving (bag limit)—exceeding limit:

(a)

if the offence is expiated—

  1. (i)

    by 1 rock lobster

10

  1. (ii)

    by 2 rock lobster

15

  1. (iii)

    by 3 rock lobster

20

  1. (iv)

    by more than 3 rock lobster

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

113(1)(a)

Taking undersize Abalone, Giant Crab, Gummy Shark , School Shark, Mulloway (Outside Coorong), Murray Cod, Rock Lobster, Samsonfish, Snapper, Southern Bluefin Tuna, Western Blue Groper & Yellowtail Kingfish—

(a)

if the offence is expiated—

  1. (i)

    1 fish

10

  1. (ii)

    2 fish

15

  1. (iii)

    3 fish

20

  1. (iv)

    more than 3 fish

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

113(1)(a)

Taking undersize Blue Morwong (Queen Snapper), Brown Trout, Golden Perch, King George Whiting, Lake Eyre Perch, Mulloway (within Coorong), Rainbow Trout—

(a)

if the offence is expiated—

  1. (i)

    up to 3 fish

10

  1. (ii)

    more than 3 but not more than 6 fish

15

  1. (iii)

    more than 6 but not more than 9 fish

20

  1. (iv)

    more than 9 fish

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

113(1)(a)

Taking undersize Bight Redfish, Blue Swimmer Crab, Bream, Flathead, Redfish, Swallowtail, Sand Crab, Southern Garfish & Yellowfin Whiting—

(a)

if the offence is expiated—

  1. (i)

    up to 5 fish

5

  1. (ii)

    more than 5 but not more than 10 fish

10

  1. (iii)

    more than 10 but not more than 15 fish

15

  1. (iv)

    more than 15 but not more than 20 fish

20

  1. (v)

    more than 20 fish

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

113(1)(a)

Taking undersize Salmon, Scallop, Snook, Sweep & Trevally—

(a)

if the offence is expiated—

  1. (i)

    up to 10 fish

5

  1. (ii)

    more than 10 but not more than 20 fish

10

  1. (iii)

    more than 20 but not more than 30 fish

15

  1. (iv)

    more than 30 but not more than 40 fish

20

  1. (v)

    more than 40 fish

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

113(1)(a)

Taking undersize Mullet—

(a)

if the offence is expiated—

  1. (i)

    up to 15 Mullet

5

  1. (ii)

    more than 15 but not more than 30 Mullet

10

  1. (iii)

    more than 30 but not more than 45 Mullet

15

  1. (iv)

    more than 45 but not more than 60 Mullet

20

  1. (v)

    more than 60 Mullet

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

113(1)(a)

Taking undersize Cockle, Pipi & Vongole—

(a)

if the offence is expiated—

  1. (i)

    up to 25 cockles, pipi or vongole

5

  1. (ii)

    more than 25 but not more than 50 cockles, pipi or vongole

10

  1. (iii)

    more than 50 but not more than 75 cockles, pipi or vongole

15

  1. (iv)

    more than 75 but not more than 100 cockles, pipi or vongole

20

  1. (v)

    more than 100 cockles, pipi or vongole

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

113(1)(b)

Taking oversize Western Blue Groper or Murray Cod—

(a)

if the offence is expiated

20

(b)

in any other case

50

113(2)

Taking undersize or oversize Wrasse (other than Blue Groper)—

(a)

if the offence is expiated—

  1. (i)

    up to 3 Wrasse

10

  1. (ii)

    more than 3 but not more than 6 Wrasse

15

  1. (iii)

    more than 6 but not more than 9 Wrasse

20

  1. (iv)

    more than 9 Wrasse

25

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

114

Taking molluscs in waters of West Lakes etc—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

15

  1. (ii)

    second offence

20

  1. (iii)

    third or subsequent offence

25

115

Taking filter‑feeding marine molluscan shellfish in certain waters of Port Adelaide River—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

15

  1. (ii)

    second offence

20

  1. (iii)

    third or subsequent offence

25

116

Taking benthic marine organisms by licensed person in certain waters—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

116

Taking benthic marine organisms by unlicensed person in certain waters—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

117

Taking prawn by licensed person in certain waters less than 10 m deep—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

117

Taking prawn by unlicensed person in certain waters less than 10 m deep—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

118

Taking rock lobster by licensed person in certain waters—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

118

Taking rock lobster by unlicensed person in certain waters—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

119

Taking fish by licensed person near locks and weir of River Murray—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

119

Taking fish by unlicensed person near locks and weir of River Murray—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

120

Taking fish by licensed person during closed season in certain waters—

(a)

if the offence is expiated—

  1. (ii)

    in the case of taking Bream

15

  1. (iii)

    in the case of taking Razorfish

15

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

120

Taking fish by unlicensed person during closed season in certain waters—

(a)

if the offence is expiated

  1. (ii)

    in the case of taking Bream

15

  1. (iii)

    in the case of taking Razorfish

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

121

Taking fish by licensed person using 2 mm or greater trace wire with size 12/0 fishing hooks—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

121

Taking fish by unlicensed person using 2 mm or greater trace wire with size 12/0 fishing hooks—

(a)

if the offence is expiated

10

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

123

Setting rock lobster pots containing rock lobster for purpose other than commercial purpose—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

124(1)

Taking fish (other than under fishery authority) using registered boat

(a)

if the offence is expiated

20

(b)

in any other case

50

125

Taking cephalopod in False Bay, Spencer Gulf—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

126

Taking fish using certain traces or hooks in certain waters between 0500 and 2100 hours on any day—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

127

Taking fish near Horseshoe Reef—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

15

  1. (ii)

    second offence

20

  1. (iii)

    third or subsequent offence

25

128

Taking fish in certain parts of Onkaparinga River—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

15

  1. (ii)

    second offence

20

  1. (iii)

    third or subsequent offence

25

3—Section 70 (Prescribed fishing activities prohibited)—engaging in a fishing activity of class specified in Schedule 7 of Fisheries Management (General) Regulations 2017

 

Part

Description of offence

Demerit points

Part 1

Engaging in a fishing activity of a prescribed class—taking fish by using a fish net in any of the waters of the State specified in Schedule 7 Part 1 of the Fisheries Management (General) Regulations 2017:

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

Part 2

Engaging in a fishing activity of a prescribed class—taking fish using a net other than a large mesh net or sardine net in any of the waters of the State specified in Schedule 7 Part 2 of the Fisheries Management (General) Regulations 2017:

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

Part 2—Offences against regulations

4—Fisheries Management (Abalone Fisheries) Regulations 2017

 

Regulation

Description of offence

Demerit points

10(6)

Licence holder taking abalone of certain class for commercial purpose where unit entitlement under licence falls below prescribed number (Central Zone Abalone Fishery)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

11(6)

Licence holder taking abalone of certain class for commercial purpose where unit entitlement under licence falls below prescribed number (Southern Zone Abalone Fishery)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

12(6)

Licence holder taking abalone of certain class for commercial purpose where unit entitlement under licence falls below prescribed number (Western Zone Abalone Fishery)—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

13

Licence holder taking abalone under licence using more than 1 registered boat at any 1 time, or causing etc more than 1 registered boat to be used at any 1 time to take abalone under licence—

(a)

if the offence is expiated

15

(b)

in any other case

50

14(1)

Licence holder causing etc more than 1 person to engage in fishing activities under licence on the same day—

(a)

if the offence is expiated

15

(b)

in any other case

50

15

Licence holder causing etc registered boat to be transported or towed by another boat to fishing location

50

16(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 abalone 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 abalone taken under licence—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

16(3)

Failing to keep records as determined by Minister—

(a)

if the offence is expiated

10

(b)

in any other case

50

17(1)

Failing to provide return to Department as determined by Minister—

(a)

if the offence is expiated

10

(b)

in any other case

50

17(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

18

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

5—Fisheries Management (Blue Crab Fishery) Regulations 2013

 

Regulation

Description of offence

Demerit points

11(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 blue crab 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 blue crab taken under licence—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

11(3)

Failing to keep records as determined by Minister—

(a)

if the offence is expiated

10

(b)

in any other case

50

12(1)

Failing to provide return to Department as determined by Minister—

(a)

if the offence is expiated

10

(b)

in any other case

50

12(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

13

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

6—Fisheries Management (Charter Boat Fishery) Regulations 2016

 

Regulation

Description of offence

Demerit points

11(1)

Using, possessing or controlling rock lobster pot (recreational) registered in name of licensed person, registered master or agent of licensed person aboard registered boat being used under licence—

(a)

if the offence is expiated

20

(b)

in any other case

50

12(2)

Failing to comply with determination of Minister made for purposes of subregulation (1) by failing to provide certain information to Department if registered boat is, or is to be, used under licence—

(a)

if the offence is expiated

15

(b)

in any other case

75

13(1)

Failing to provide return to Department as determined by Minister—

(a)

if the offence is expiated

10

(b)

in any other case

50

13(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

14

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

7—Fisheries Management (Fish Processors) Regulations 2017

 

Regulation

Description of offence

Demerit points

7(1)

Failing to check for undersize fish in consignment of aquatic resources

50

7(2)

Failing to dispose of undersize fish found in consignment of aquatic resources

50

8(2)

Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of abalone, 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 abalone purchased or obtained by fish processor—

(a)

if the offence is expiated

15

(b)

in any other case

75

8(3)

Failing to keep records made under subregulation (1) in relation to abalone as determined by Minister—

(a)

if the offence is expiated

10

(b)

in any other case

50

9(2)

Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of vongole, 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 vongole purchased or obtained by, or consigned or delivered to, fish processor—

(a)

if the offence is expiated

15

(b)

in any other case

75

9(3)

Failing to keep records made under subregulation (1) in relation to vongole as determined by Minister—

(a)

if the offence is expiated

10

(b)

in any other case

in any other case

50

11(1)

Failing to provide return to Department as determined by Minister—

(a)

if the offence is expiated

10

(b)

in any other case

50

11(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

12

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

12—Fisheries Management (Miscellaneous Broodstock and Seedstock Fishery) Regulations 2013

 

Regulation

Description of offence

Demerit points

10(1)

Failing to provide return to Department as determined by Minister—

(a)

if the offence is expiated

10

(b)

in any other case

50

10(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

11

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

13—Fisheries Management (Miscellaneous Developmental Fishery) Regulations 2013

 

Regulation

Description of offence

Demerit points

10(1)

Failing to provide return to Department as determined by Minister—

(a)

if the offence is expiated

10

(b)

in any other case

50

10(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

11

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

14—Fisheries Management (Miscellaneous Research Fishery) Regulations 2013

 

Regulation

Description of offence

Demerit points

9(1)

Failing to provide return to Department as determined by Minister—

(a)

if the offence is expiated

10

(b)

in any other case

50

9(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

10

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

15—Fisheries Management (Prawn Fisheries) Regulations 2017

 

Regulation

Description of offence

Demerit points

9(6)

Engaging in fishing activity under licence during daylight hours or closed season—

(a)

if the offence is expiated

10

(b)

in any other case

50

9(7)

Engaging in fishing activity under licence by using amalgamated gear without Minister's approval—

(a)

if the offence is expiated

10

(b)

in any other case

50

10(3)

Contravening or failing to comply with notice under subregulation (1)—

(a)

if the offence is expiated

10

(b)

in any other case

50

11(2)

Licence holder or registered master (Gulf St. Vincent Prawn Fishery) 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 prawn 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 prawn taken under licence—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

11(3)

Failing to keep records as determined by Minister—

(a)

if the offence is expiated

10

(b)

in any other case

50

12(1)

Failing to provide return to Department as determined by Minister—

(a)

if the offence is expiated

10

(b)

in any other case

50

12(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

13

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

16—Fisheries Management (River Fishery) Regulations 2017

 

Regulation

Description of offence

Demerit points

9(a)

Causing or permitting agents to be engaged in fishing activities 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

9(b)

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

10(1)

Failing to provide return to Department as determined by Minister—

(a)

if the offence is expiated

10

(b)

in any other case

50

10(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

11

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

17—Fisheries Management (Rock Lobster Fisheries) Regulations 2017

 

Regulation

Description of offence

Demerit points

9(1)

Using, or causing or permitting the use of, 2 registered boats at the same time

50

10(5)

Contravening regulation 10 by using registered boat to take aquatic resources under Southern Zone Rock Lobster Fishery licence where boat has been used on same day under Victorian licence (subregulation (1))—

(a)

if the offence is expiated

15

(b)

in any other case

75

10(5)

Failing to comply with regulation 10 by failing to notify Department if using registered boat to take aquatic resources under Southern Zone Rock Lobster Fishery licence or Victorian licence (subregulation (2))—

(a)

if the offence is expiated

15

(b)

in any other case

75

10(5)

Contravening regulation 10 by using registered boat to take aquatic resources under Southern Zone Rock Lobster Fishery licence, or storing aquatic resources taken under such licence on registered boat, while aquatic resources taken outside waters to which Act applies are aboard boat (subregulation (4))—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

11(2)

Registered master failing to notify Department as determined by the Minister of certain information before registered bait net is set in waters from registered boat—

(a)

if the offence is expiated

15

(b)

in any other case

75

12(3)

Southern Zone Rock Lobster Fishery licence holder taking rock lobster in Southern Zone during closed season—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

12(4)

Southern Zone Rock Lobster Fishery licence holder setting rock lobster pot in Southern Zone during closed season—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

14(3)

Northern Zone Rock Lobster Fishery licence holder engaging, for commercial purpose, in fishing activities of class constituting Fishery while rock lobster pot entitlement under licence is less than prescribed number—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

14(4)

Southern Zone Rock Lobster Fishery licence holder engaging, for commercial purpose, in fishing activities of class constituting Fishery while rock lobster pot entitlement under licence is less than prescribed number—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

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—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (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—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

15(6)

Northern Zone Rock Lobster Fishery licence holder engaging, for commercial purpose, in fishing activities of class constituting Fishery while number of rock lobster units allocated to licence is less than prescribed number—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

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—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (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—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (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—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (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—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

18(1)

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—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

18(2)

Licence holder taking cockles in any 1 day in excess of daily limit fixed by condition of licence—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

19

Failing to ensure that rock lobster taken under Northern Zone Rock Lobster Fishery licence is landed whole and within State—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

20(1)

Failing to ensure all rock lobster and giant crab taken under licence are consigned or delivered to registered fish processor—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

21(2)

Failing to notify Department of certain information if fishing activities involving taking of King George whiting under licence subject to King George whiting quota entitlement are, or are to be, engaged in—

(a)

if the offence is expiated

15

(b)

in any other case

75

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

22(3)

Licence holder or registered master (Northern Zone Rock Lobster Fishery) failing to comply with regulation 22(1) by failing to notify Department before rock lobster taken under licence is removed from registered boat, or failing to notify Department of any changes in information notified—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

22(3)

Licence holder or registered master (Northern Zone Rock Lobster Fishery) failing to comply with Minister's determination made for purposes of subregulation (2) by failing to record information in respect of catch and disposal of rock lobster 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 rock lobster taken under licence—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

22(4)

Failing to keep records as determined by Minister—

(a)

if the offence is expiated

10

(b)

in any other case

50

23(3)

Licence holder or registered master (Southern Zone Rock Lobster Fishery) failing to comply with regulation 23(1) by failing to notify Department before rock lobster taken under licence is removed from registered boat, or failing to notify Department of any changes in information notified—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

23(3)

Licence holder or registered master (Southern Zone Rock Lobster Fishery) failing to comply with Minister's determination made for purposes of subregulation (2) by failing to record information in respect of catch and disposal of rock lobster 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 rock lobster taken under licence—

(a)

if the offence is expiated

15

(b)

in any other case

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

23(4)

Failing to keep records as determined by Minister—

(a)

if the offence is expiated

10

(b)

in any other case

50

24(3)

Licence holder or registered master (Southern Zone Rock Lobster Fishery) failing to comply with regulation 24(1) by failing to notify Department before giant crab taken under licence is removed from registered boat, or failing to notify Department of any changes in information notified—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

24(3)

Licence holder or registered master (Southern Zone Rock Lobster Fishery) failing to comply with Minister's determination made for purposes of subregulation (2) by failing to record information in respect of catch and disposal of giant crab 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 giant crab taken under licence—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

24(4)

Failing to keep records as determined by Minister—

(a)

if the offence is expiated

10

(b)

in any other case

50

25(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 King George whiting 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 King George whiting taken under licence—

(a)

if the offence is expiated

15

(b)

in any other case—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

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—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (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—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (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—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (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

25(3)

Failing to keep records as determined by Minister—

(a)

if the offence is expiated

10

(b)

in any other case

50

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—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (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—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (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—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (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—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (iii)

    third or subsequent offence

75

27(1)

Failing to provide return to Department as determined by Minister—

(a)

if the offence is expiated

10

(b)

in any other case

50

27(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

28

Southern Zone Rock Lobster Fishery licence holder failing to notify Department on becoming holder of, or on ceasing to hold, Victorian licence—

(a)

if the offence is expiated

5

(b)

in any other case

25

29(1)

Southern Zone Rock Lobster Fishery licence holder selling live rock lobster during closed season—

(a)

if the offence is expiated

20

(b)

in any other case—

  1. (i)

    first offence

60

  1. (ii)

    second offence

80

  1. (iii)

    third or subsequent offence

100

30

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

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—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (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—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (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—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (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—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (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

18—Fisheries Management (Vessel Monitoring Scheme) Regulations 2017

 

Regulation

Description of offence

Demerit points

4(1)

Failing to ensure registered boat is fitted with approved VMS unit—

(a)

if the offence is expiated

10

(b)

in any other case

50

4(2)

Failing to ensure device capable of sending and receiving email is connected to VMS unit in registered boat used to take sardines—

(a)

if the offence is expiated

10

(b)

in any other case

50

5(1)

Failing to ensure VMS unit is operating at all times during fishing season—

(a)

if the offence is expiated

10

(b)

in any other case

50

5(2)

Failing to ensure device capable of sending and receiving email is operating at all times while VMS unit is operating—

(a)

if the offence is expiated

10

(b)

in any other case

50

5(3)

Failing to take reasonable measures to ensure registered owner is made aware of cessation of operation of VMS unit etc—

(a)

if the offence is expiated

10

(b)

in any other case

50

5(4)

Failing to notify Minister that VMS unit has ceased to operate—

(a)

if the offence is expiated

10

(b)

in any other case

25

6(4)

Contravention of or failure to comply with condition of approval relating to switching off or placing in sleep mode VMS unit—

(a)

if the offence is expiated

10

(b)

in any other case

25

6(7)

Failing to ensure VMS unit is switched on etc before engaging in fishing activity after period when VMS was switched off or placed in sleep mode—

(a)

if the offence is expiated

10

(b)

in any other case

50

6(8)

Failing to ensure device capable of sending and receiving email connected to VMS unit is switched on etc before engaging in fishing activity after period when VMS unit and device were switched off or placed in sleep mode—

(a)

if the offence is expiated

10

(b)

in any other case

50

7

Failing to ensure testing of operation of VMS unit etc following servicing or repairing of boat—

(a)

if the offence is expiated

10

(b)

in any other case

50

8(2)

Failing to comply with requirements of notice relating to modification or replacement of VMS unit—

(a)

if the offence is expiated

10

(b)

in any other case

50

9(1)

Person other than approved installer installing etc VMS unit on registered boat—

(a)

if the offence is expiated

10

(b)

in any other case

25

9(2)

Failing to take reasonable steps to prevent person other than approved installer installing etc VMS unit on registered boat—

(a)

if the offence is expiated

10

(b)

in any other case

25

10(1)

Failing to ensure alternative means of communication with boat is provided (paragraph (a)), failing to ensure that Department is notified of call sign etc (paragraph (b)), failing to provide Department with details of nominated contact person (paragraph (c)), failing to ensure alternative means of communication with boat is operating at all times during fishing season (paragraph (d)) or failing to ensure directions given by fisheries officer or VMS administrator respecting alternative means of communications are complied with (paragraph (e))—

(a)

if the offence is expiated

10

(b)

in any other case

25

10(2)

Failing to notify Department of change in name or contact details of nominated contact person—

(a)

if the offence is expiated

10

(b)

in any other case

25

10(4)

Nominated contact person failing to immediately inform registered master of registered boat by alternative means of communication on boat that VMS unit is not operating—

(a)

if the offence is expiated

10

(b)

in any other case

25

12

Failing to comply with directions given by Minister, fisheries officer or VMS administrator—

(a)

if the offence is expiated

10

(b)

in any other case

25

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—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (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—

  1. (i)

    first offence

45

  1. (ii)

    second offence

60

  1. (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

Legislative history

Notes

  • •

    Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

  • •

    Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

  • •

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

    The Fisheries Management (Demerit Points) Regulations 2017 revoked the following:

    Fisheries Management (Demerit Points) Regulations 2009

    Principal regulations and variations

    New entries appear in bold.

    Year

    No

    Reference

    Commencement

    2017

    223

    Gazette 8.8.2017 p3186

    15.1.2018: r 2

    2019

    35

    Gazette 26.4.2019 p1141

    26.4.2019: r 2

    2020

    69

    Gazette 21.5.2020 p2466

    21.5.2020: r 2

    2020

    299

    Gazette 19.11.2020 p5102

    19.3.2021: r 2

    2021

    91

    Gazette 24.6.2021 p2353

    1.7.2021: r 2

    2021

    107

    Gazette 1.7.2021 p2614

    1.7.2021: r 2

    2022

    18

    Gazette 17.2.2022 p504

    17.2.2022: r 2

    2022

    80

    Gazette 8.9.2022 p5895

    15.9.2022: r 2

    2023

    22

    Gazette 20.4.2023 p836

    1.5.2023: r 2

    2023

    25

    Gazette 20.4.2023 p844

    1.7.2023: r 2

    2023

    72

    Gazette 27.7.2023 p2385

    1.11.2023: r 2

    2024

    56

    Gazette 27.6.2024 p1912

    1.7.2024: r 2

    Provisions varied

    New entries appear in bold.

    Entries that relate to provisions that have been deleted appear in italics.

    Provision

    How varied

    Commencement

    r 2

    omitted under Legislation Revision and Publication Act 2002

    26.4.2019

    Sch 1

    Pt 1

    cl 2

    varied by 35/2019 r 4(1)

    26.4.2019

    varied by 69/2020 r 4(1)

    21.5.2020

    substituted by 299/2020 r 4

    19.3.2021

    varied by 91/2021 r 4(1)

    1.7.2021

    varied by 107/2021 r 4(1)—(14)

    1.7.2021

    amended by 22/2023 r 3(1), (2)

    1.5.2023

    amended by 25/2023 r 3(1)—(4)

    1.7.2023

    Pt 2

    cl 7

    varied by 91/2021 r 4(2)

    1.7.2021

    cl 8

    varied by 35/2019 r 4(2)

    26.4.2019

    varied by 69/2020 r 4(2)

    21.5.2020

    varied by 107/2021 r 4(15)

    1.7.2021

    amended by 18/2022 r 3(1), (2)

    17.2.2022

    amended by 80/2022 r 3

    15.9.2022

    amended by 22/2023 r 3(3)

    1.5.2023

    cl 9

    substituted by 56/2024 r 3

    1.7.2024

    cl 10

    varied by 91/2021 r 4(3)—(23)

    1.7.2021

    cl 17

    varied by 69/2020 r 4(3)

    21.5.2020

    varied by 91/2021 r 4(24)—(31)

    1.7.2021

    amended by 22/2023 r 3(4)

    1.5.2023

    amended by 72/2023 r 3

    1.11.2023

    cl 17A

    inserted by 91/2021 r 4(32)

    1.7.2021

    cl 19

    inserted by 91/2021 r 4(33)

    1.7.2021

    Sch 2

    omitted under Legislation Revision and Publication Act 2002

    26.4.2019

    Historical versions

    26.4.2019

    21.5.2020

    19.3.2021

    1.7.2021

    17.2.2022

    15.9.2022

    1.5.2023

    1.7.2023

    1.11.2023

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