Fisheries Management (General) (Bag and Boat Limits) Variation Regulations 2016 (SA)
South Australia
Fisheries Management (General) (Bag and Boat Limits) Variation Regulations 2016
under the Fisheries Management Act 2007
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Fisheries Management (General) Regulations 2007
4 Variation of regulation 3—Interpretation
5 Insertion of regulation 8B
8B Possession of Pipi in vehicles carrying 3 or more persons
6 Variation of Schedule 2—Undersize fish
7 Variation of Schedule 5—Protected species
8 Variation of Schedule 6—Classes of fishing activities prescribed for purposes of section 70 of Act
9 Variation of Schedule 10—Expiation fees
Part 1—Preliminary
1—Short title
These regulations may be cited as the Fisheries Management (General) (Bag and Boat Limits) Variation Regulations 2016.
2—Commencement
These regulations will come into operation on 1 December 2016.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Fisheries Management (General) Regulations 2007
4—Variation of regulation 3—Interpretation
Regulation 3(1), definitions of Catfish, large catfish and small Catfish—delete the definitions
5—Insertion of regulation 8B
After regulation 8A insert:
8B—Possession of Pipi in vehicles carrying 3 or more persons
(1)If—
(a)a motor vehicle (other than a public passenger vehicle) is West of longitude 136° East; and
(b)2 or more persons (excluding the driver) are being carried in the vehicle; and
(c)there are more than 300 Pipi in or on the vehicle,
the person in charge of the vehicle is guilty of an offence.
Maximum penalty:
(a)for a first offence—$10 000;
(b)for a second or subsequent offence—$20 000.
Expiation fee: $315.
(2)If—
(a)a motor vehicle (other than a public passenger vehicle) is East of longitude 136° East; and
(b)2 or more persons (excluding the driver) are being carried in the vehicle; and
(c)there are more than 900 Pipi in or on the vehicle,
the person in charge of the vehicle is guilty of an offence.
Maximum penalty:
(a)for a first offence—$10 000;
(b)for a second or subsequent offence—$20 000.
Expiation fee: $315.
(3)In proceedings for an offence against subregulation (1) or (2), it is a defence if the defendant proves that—
(a)the Pipi were taken for a commercial purpose under an authority; or
(b)the Pipi were purchased—
(i)from a person whose ordinary business was the selling of fish or aquatic resources; and
(ii)in the ordinary course of that business; or
(c)the Pipi were not taken in contravention of the Act or these regulations.
(4)For the purposes of this regulation—
(a)Pipi will be taken to be in or on a motor vehicle if the Pipi are in or on a trailer being towed by a motor vehicle;
(b)a person will be taken to be in charge of a motor vehicle if—
(i)the person is driving, or has just driven, the vehicle; or
(ii)the person is attempting to put the vehicle in motion; or
(iii)the person is the registered owner or registered operator of the vehicle and is in, on or near the vehicle.
(5)In this regulation—
motor vehicle has the same meaning as in the Motor Vehicles Act 1959;
Pipi means any molluscs of the genus Donax;
public passenger vehicle has the same meaning as in the Passenger Transport Act 1994;
registered operator, in relation to a motor vehicle, has the same meaning as in the Motor Vehicles Act 1959;
registered owner, in relation to a motor vehicle, has the same meaning as in the Motor Vehicles Act 1959.
6—Variation of Schedule 2—Undersize fish
Schedule 2, clause 11(1)(b)—delete "75 cm" and substitute:
82 cm
Schedule 2, clause 13(1)(a)—delete "31 cm" and substitute:
32 cm
Schedule 2, clause 14, table, item relating to Bream, column 2—delete "28" and substitute:
30
Schedule 2, clause 14, table, Samsonfish (Seriola hippos), column 2—delete "75" and substitute:
88
Schedule 2, clause 14, table, item relating to Silver Trevally, column 1—delete "Silver Trevally (Pseudocaranx dentex)" and substitute:
Trevally (Pseudocaranx spp)
7—Variation of Schedule 5—Protected species
Schedule 5—after "River Blackfish (Gadopsis marmoratus)" insert:
Cooper Creek Catfish (Neosiluroides cooperensis)
8—Variation of Schedule 6—Classes of fishing activities prescribed for purposes of section 70 of Act
Schedule 6, clause 61(2), table—delete the table and substitute:
Table—Recreational non‑charter boat fishing daily boat and bag limits
Column 1
Waters
Column 2
Class of fish
Column 3
Maximum quantity per boat per day
Column 4
Maximum quantity per person per day
Crustaceans
The waters of the State
Blue Swimmer Crab (Portunus pelagicus)
60
20
The waters of the State
Sand Crab (Ovalipes spp)
60
20
The waters of the State
Yabby (Cherax spp)
600
200
Echinoderms
The waters of the State
Sea urchin (Echinoidea)
60
20
Molluscs
The waters of the State
Southern Calamari (Sepioteuthis australis)
45
15
The waters of the State
Cuttlefish (Sepia spp)
45
15
The waters of the State
Razorfish (Pinna bicolor)
75
25
The waters of the State
Scallop (Family Pectinidae)
150
50
Scalefish
The waters of the State
Bream (Acanthopagrus spp)
30
10
The waters of the State
Congolli (Pseudaphritis urvillii)
6
2
The waters of the State
Flathead (Platycephalus spp)
30
10
The waters of the State
Flounder (Family Bothidae or Pleuronectidae)
60
20
The waters of the State
Harlequin fish (Othos dentex)
6
2
The waters of the State
Hyrtl’s Tandan (Neosilurus hyrtlii)
30
10
The waters of the State
Southern Garfish (Hyporhamphus melanochir)
90
30
The waters of the State (other than those waters specified in Schedule 5)
Western Blue Groper (Achoerodus gouldii)
3
1
The waters of the State other than the waters of the Cooper Creek or the Diamantina Creek (and the anabranches and lakes of those creeks)
Grunter (Family Terapontidae) (not including Spangled Perch (Leiopotherapon unicolor))
15
5
The waters of the State
Australian Herring (Arripis georgianus)
120
40
The waters of the State
Blue Morwong (Nemadactylus valenciennesi)
15
5
The waters of the State
Mullet (Family Mugilidae)
180
60
The waters of the State other than Coorong (area 1) or Coorong (area 2)
Mulloway (Argyrosomus hololepidotus)
6
2
The waters of the State
Golden Perch (Macquaria ambigua))
15
5
The waters of the State
Lake Eyre Perch (Macquaria n.sp)
15
5
The waters of the State
Bight Redfish (Centroberyx gerrardi)
30
10
The waters of the State
Redfish (Centroberyx affinis)
30
10
The waters of the State
Large Salmon (Arripis truttaceus)
30
10
The waters of the State
Small Salmon (Arripis truttaceus)
60
20
The waters of the State
Samsonfish (Seriola hippos)
3
1
The waters of the State
Spangled Perch (Leiopotherapon unicolor)
45
15
The waters of the State
Yellowtail Kingfish (Seriola lalandi)
3
1
The waters of the State
Large Snapper (Pagrus auratus)
6
2
The waters of the State
Small Snapper (Pagrus auratus)
15
5
The waters of Coorong (area 1) or Coorong (area 2)
Small Mulloway (Argyrosomus hololepidotus)
30
10
The waters of the State
Snook (Sphyraena novaehollandiae)
60
20
The waters of the State
Swallowtail (Centroberyx lineatus)
30
10
The waters of the State
Sweep (Genus Scorpis)
60
20
The waters of the State
Trevally (Pseudocaranx spp)
60
20
The waters of the State
Wrasse (Labridae) (other than Western Blue Groper (Achoerodus gouldii))
15
5
The waters of the State
Albacore (Thunnus alalunga)
6
2
The waters of the State
Southern Bluefin Tuna (Thunnus maccoyii)
6
2
The waters of the State
King George Whiting (Sillaginodes punctatus)
30
10
The waters of the State
Yellowfin Whiting (Sillago schomburgkii)
60
20
Shark
The waters of the State
Bronze Whaler Shark (Carcharhinus brachyurus)
3
1
The waters of the State
Dusky Shark (Carcharhinus obscurus)
3
1
The waters of the State
Gummy Shark (Mustelus antarcticus)
6
2
The waters of the State
School Shark (Galeorhinus galeus)
6
2
Schedule 6, clause 61(3)(b)—delete "120" and substitute:
60
Schedule 6, clause 61(3)(e)—delete paragraph (e) and substitute:
of shark (being Bronze Whaler Shark or Dusky Shark) from a boat from which 3 shark (being a combination of Bronze Whale Shark and Dusky Shark) have been taken by unlicensed persons on the same day.
Schedule 6, clause 61(4)(b)—delete "40" and substitute:
20
Schedule 6, clause 61(4)(e)—delete paragraph (e) and substitute:
(e)of shark (being Bronze Whaler Shark or Dusky Shark) if the person has already taken 1 shark (being Bronze Whale Shark or Dusky Shark) on the same day; or
Schedule 6, clause 63, table—delete the table and substitute:
Table—Recreational fishing—daily bag limits
Column 1
Waters
Column 2
Class of fish
Column 3
Maximum quantity per person per day
Molluscs
The waters of the State
Mud Cockle (Katelysia spp)
300
The waters of the State
Black Cowrie (Zoila friendii thersites)
1
The waters of the State west of longitude 136° East
Pipi (Donax spp)
100
The waters of the State east of longitude 136° East
Pipi (Donax spp)
300
Scalefish
The waters of Coorong (area 1) or Coorong (area 2)
Large Mulloway (Argyrosomus hololepidotus)
2
Schedule 6, clause 63—after its present contents as varied (now to be designated as subclause (1)) insert:
(2)The taking by an unlicensed person in any 1 day, in the waters of the State, of bloodworms (Glycera) exceeding a volume that fits a container capable of holding 4 litres of liquid.
Schedule 6, clause 64(2), table—delete the items relating to Large Snapper and Small Snapper and substitute:
The waters of the State
Large Snapper (Pagrus auratus)
6
The waters of the State
Small Snapper (Pagrus auratus)
15
Schedule 6, clause 64(2), table, column 2—delete "Silver Trevally (Pseudocaranx dentex)" and substitute:
Trevally (Pseudocaranx spp)
Schedule 6, clause 65(4), table—delete the table and substitute:
Table—Recreational charter boat fishing daily bag limits
Column 1
Waters
Column 2
Species of fish
Column 3
Maximum quantity per person per boat per day (charter boat carrying not more than 3 passengers)
Column 4
Maximum quantity per person per boat per day (charter boat carrying more than 6 passengers)
Molluscs
The waters of the State
Southern Calamari (Sepioteuthis australis)
15
8
The waters of the State
Mud Cockle (Anadara & Katelysia spp)
300
150
The waters of the State
Cuttlefish (Sepia spp.)
15
8
The waters of the State
Razorfish (Pinna bicolor)
25
13
Scalefish
The waters of the State
Bream (Acanthopagrus spp.)
10
5
The waters of the State
Flathead (Platycephalus spp.)
10
5
The waters of the State
Flounder (Family Bothidae or Pleuronectidae)
20
10
The waters of the State
Blue Morwong (Nemadactylus valenciennesi)
5
3
The waters of the State
Mullet (Family Mugilidae)
60
30
The waters of the State other than Coorong (area 1) or Coorong (area 2)
Large Mulloway (Argyrosomus hololepidotus)
2
1
The waters of the State
Yelloweye Redfish (Centroberyx australis)
10
5
The waters of the State
Swallowtail (Centroberyx lineatus)
10
5
The waters of the State
Large Salmon (Arripis truttaceus)
10
5
The waters of the State
Small Salmon (Arripis truttaceus)
20
10
The waters of the State
Large Snapper (Pagrus auratus)
2
1
The waters of the State
Small Snapper (Pagrus auratus)
5
3
The waters of the State
Snook (Sphyraena novaehollandiae)
20
10
The waters of the State
Sweep (Genus Scorpis)
20
10
The waters of the State
Trevally (Pseudocaranx spp)
20
10
The waters of the State
Eastern School Whiting (Sillago flindersi)
20
10
The waters of the State
Yellowfin Whiting (Sillago schomburgkii)
20
10
Schedule 6, clause 65(6)—delete subclause (6)
Schedule 6, clause 66(4), table—delete the table and substitute:
Table—Recreational charter boat fishing daily bag limits
Column 1
Waters
Column 2
Species of fish
Column 3
Maximum quantity per person per boat per day (charter boat carrying not more than 3 passengers)
Column 4
Maximum quantity per person per boat per day (charter boat carrying more than 3 passengers)
Crustaceans
The waters of the State
Blue Swimmer Crab (Portunus pelagicus)
20
20
The waters of the State
Sand Crab (Ovalipes spp)
20
20
The waters of the State
Giant Crab (Pseudocarcinus gigas)
2
2
The waters of the State
Southern Rocklobster (Jasus edwardsii)
4
2
Echinoderms
The waters of the State
Sea urchin (Echinoidea)
20
20
Molluscs
The waters of the State
Abalone (Haliotis spp)
5
3
The waters of the State
Cockle (Anadara & Katelysia spp)
300
150
The waters of the State
Pipi (Donax spp)
300
300
The waters of the State
Scallop (Family Pectinidae)
50
50
Scalefish
The waters of the State
Congolli (Pseudaphritis urvillii)
2
2
The waters of the State
Harlequin fish (Othos dentex)
2
2
The waters of the State
Southern Garfish (Hyporhamphus melanochir)
30
30
The waters of the State (other than those waters specified in Schedule 5
Western Blue Groper (Achoerodus gouldii)
1
1
The waters of the State
Australian Herring (Arripis georgianus)
40
40
The waters of the State
Samsonfish (Seriola hippos)
1
1
The waters of the State
Yellowtail Kingfish
(Seriola lalandi)
1
1
The waters of the State
Wrasse (Labridae) (other than Western Blue Groper)
5
5
The waters of the State
King George Whiting (Sillaginodes punctatus)
10
10
Shark
The waters of the State
Bronze Whaler Shark (Carcharhinus brachyurus)
1
1
The waters of the State
Dusky Shark (Carcharhinus obscurus)
1
1
Schedule 6, clause 66—after subclause (4) insert:
(4a)The taking by an unlicensed person, in the waters of the State—
(a)of crab (being Blue Swimmer Crab or Sand Crab) from a boat—
(i)from which the person has already taken 20 Blue Swimmer Crab and Sand Crab in combination on the same day; or
(ii)from which 60 Blue Swimmer Crab and Sand Crab in combination have already been taken by unlicensed persons during the same trip (being a trip lasting more than 3 days); or
(b)of shark (being Bronze Whaler Shark or Dusky Shark) from a boat—
(i)from which the person has already taken 1 Bronze Whaler Shark or Dusky Shark on the same day; or
(ii)from which 3 Bronze Whaler Shark and Dusky Shark in combination have already been taken by unlicensed persons during the same trip (being a trip lasting more than 3 days).
Schedule 6, clause 67(3), table—delete the item relating to Yellowfin Tuna
Schedule 6, clause 67(5)—delete subclause (5)
Schedule 6, clauses 114 and 115—delete clauses 114 and 115 and substitute:
114—Taking of undersize or oversize fish
(1)The taking, in the waters of the State, of—
(a)undersize fish; or
(b)Western Blue Groper or Murray Cod that exceeds 100 cm in length.
(2)The taking, in coastal waters, of Wrasse (Family Labridae) (other than Western Blue Groper) that is less than 25 cm in length or more than 35 cm in length.
9—Variation of Schedule 10—Expiation fees
Schedule 10, table—delete all the items relating to clause 63 and substitute:
63(1)
Taking Cockle (recreational bag limit)—exceeding limit:
• by up to 50 cockles
$50
• by more than 50 but not more than 100 cockles
$100
• by more than 100 cockles
$200
63(1)
Taking Black Cowrie (recreational bag limit)—exceeding limit:
• by up to 5 Black Cowrie
$200
• by more than 5 Black Cowrie
$300
63(1)
Taking Pipi (recreational bag limit)—exceeding limit:
• by up to 50 Pipi
$50
• by more than 50 but not more than 100 Pipi
$100
• by more than 100 Pipi
$200
63(1)
Taking Mulloway (recreational bag limit)—exceeding limit:
• by up to 10 Mulloway
$50
• by more than 10 but not more than 20 Mulloway
$100
• by more than 20 Mulloway
$200
63(2)
Taking bloodworms (recreational limit)—exceeding limit:
$315
Schedule 10, table—delete all the items relating to clause 66 and substitute:
66
Taking Abalone (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 5 Abalone
$50
• by more than 5 but not more than 10 Abalone
$100
• by more than 10 Abalone
$200
66
Taking Cockle (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 100 Cockles
$50
• by more than 100 but not more than 200 Cockles
$100
• by more than 200 Cockles
$200
66
Taking Congolli (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 5 Congolli
$100
• by more than 5 Congolli
$200
66
Taking Giant Crab (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 5 Giant Crab
$100
• by more than 5 Giant Crasb
$200
66
Taking Harlequin fish (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 5 Harlequin fish
$100
• by more than 5 Harlequin fish
$200
66
Taking Western Blue Groper (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 5 Western Blue Groper
$100
• by more than 5 Western Blue Groper
$200
66
Taking Yellowtail Kingfish (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 5 Yellowtail Kingfish
$100
• by more than 5 Yellowtail Kingfish
$200
66
Taking Pipi (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 50 Pipi
$50
• by more than 50 but not more than 100 Pipi
$100
• by more than 100 Pipi
$200
66
Taking Rock Lobster (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 5 rock lobster
$50
• by more than 5 but not more than 10 rock lobster
$100
• by more than 10 rock lobster
$200
66
Taking Samsonfish (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 5 Samsonfish
$100
• by more than 5 Samsonfish
$200
66
Taking Bronze Whaler Shark (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 5 Bronze Whaler Shark
$100
• by more than 5 Bronze Whaler Shark
$200
66
Taking Dusky Shark (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 5 Dusky Shark
$100
• by more than 5 Dusky Shark
$200
66
Taking King George Whiting (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 10 Whiting
$50
• by more than 10 but not more than 20 Whiting
$100
• by more than 20 Whiting
$200
66
Taking Wrasse (other than Western Blue Groper) (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 5 Wrasse
$100
• by more than 5 Wrasse
$200
66
Taking fish (other than Abalone, Cockle, Congolli, Giant Crab, Harlequin fish, Western Blue Groper, Yellowtail Kingfish, Pipi, Rock Lobster, Samsonfish, Bronze Whaler Shark, Dusky Shark, King George Whiting or Wrasse) (recreational charter boat fishing bag, boat or trip limit)—exceeding limit:
• by up to 10 fish
$50
• by more than 10 but not more than 20 fish
$100
• by more than 20 fish
$200
Schedule 10, table, item relating to clause 114—delete the item and substitute:
114(1)(a)
Taking undersize fish—
• up to 10 fish
$50
• more than 10 fish
$100
114(1)(b)
Taking oversize Western Blue Groper or Murray Cod
$500
114(2)
Taking undersize or oversize Wrasse (other than Western Blue Groper)
$315
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 3 November 2016
No 256 of 2016
16MAFF0062
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