Fisheries Management (General) Regulations 2007 (SA)

Case

South Australia

Fisheries Management (General) Regulations 2007

under the Fisheries Management Act 2007

Contents

1            Short title

3            Interpretation

4            Commercial quantity

5            Corresponding laws

6            Protected species

7           Classes of fishing activities prescribed for purposes of section 70 of Act

8            Sale, purchase or possession of aquatic resources

8A          Possession of prescribed quantity of aquatic resource in prescribed circumstances

8B          Possession of Pipi in vehicles carrying 3 or more persons

9            Aquatic or benthic animals

10          Registration of devices for non-commercial fishing

11          Duty to produce certificate of registration

12          Section 53(2) of Act not to apply to rods and lines and hand lines used for commercial fishing

13          Requirements relating to buoys and tags

14          Carriage of explosive devices in specified areas

15          Carriage of certain devices while using scuba etc

16          Carriage of devices near lock and weirs of Murray River

17          Distinguishing marks on boats

18          Mutilation of certain fish

19          Provisions relating to abalone fishing

20          Keeping of fish in corfs

21          Keeping of rock lobster

21A         Taking rock lobster or setting rock lobster pots in Northern Zone during closed season

22          Duty to clip tail fan of rock lobster

23          Berleying

24          Commercial bait nets not to be left unattended

25          Requirement to remove anchors etc from nets removed from Lakes and Coorong Fishery

26          Marking of receptacles in which aquatic resources are transported, consigned for sale etc

27          Notice of seizure of device

28          Duty to notify Minister of change of address

29          Evidentiary provision

30          Expiation of alleged offences

Schedule 1—Permitted devices

Schedule 2—Undersize fish

Part 1—Crustaceans

1            Blue Swimmer Crab

2            Giant Crab

3            Sand Crab

4            Rock lobster

Part 2—Molluscs

5            Abalone taken by licensed person

6            Abalone taken by unlicensed person

7           Cockle and Vongole

8            Pipi

9            Scallop

Part 3—Other fish

10          Gummy Shark and School Shark

11          Mulloway

12          Southern Garfish

13          King George Whiting

14          Other classes of fish

Schedule 3—Commercial quantities

Schedule 4—Corresponding laws

Schedule 5—Protected species

Schedule 6—Classes of fishing activities prescribed for purposes of section 70 of Act

Part 1—Fishing activities not to be engaged in by licensed persons

Division 1—Use of certain devices

1            Use of mesh nets in Coorong

2            Use of large mesh monofilament net in Coorong (area 1) or (area 2)

3            Use of certain nets in Coorong (area 1)

4            Use of hauling nets in coastal waters during certain holiday periods

5            Use of swinger net in coastal waters

6            Use of certain devices in River Murray

7           Use of nets other than bait nets to take fish for bait

8            Use of scallop dredge

Division 2—Use of more than permitted number of devices

9            Use of more than permitted number of devices to take fish in Lakes and Coorong

Division 3—Use of devices of unlawful specifications

10          Use of drum net of unlawful specifications

11          Use of gill net or mesh net of unlawful specifications in coastal waters

12          Use of small multifilament mesh nets of unlawful specifications in Coorong

13          Use of large multifilament mesh net of unlawful specifications as set net in Coorong

14          Use of large mesh monofilament mesh net of unlawful specifications other than as set net in Coorong

15          Use of multifilament hauling net of unlawful specifications in Coorong

16          Use of prawn trawl net of unlawful specifications in certain coastal waters

17          Use of crab net of unlawful specifications

18          Use of rock lobster pot of unlawful specifications in Northern Zone

19          Use of rock lobster pot of unlawful specifications in Southern Zone

20          Using fish trap of unlawful specifications to take leather jacket

21          Use of fish trap of unlawful specifications in other circumstances

21A         Use of cockle rake of unlawful specifications

Division 4—Use of devices with buoy or tag etc

22          Use of certain devices without buoy

23          Use of certain devices without tag

Division 5—Bag limits

24          Taking more than daily bag limit of Razorfish

Division 6—Miscellaneous

25          Use of trawl nets and boats in Gulf St. Vincent Prawn Fishery

26          Use of trawl nets and boats in Spencer Gulf Prawn Fishery

27          Use of trawl nets and boats in West Coast Prawn Fishery

28          Use of unattended long line

29          Use of more than permitted number of hooks attached to line

30          Taking of certain fish in River Murray

31          Taking of Blue Swimmer Crab in certain Spencer Gulf waters

32          Taking of Blue Swimmer Crab in other waters

33          Taking of Sand Crab in certain waters

34          Taking of Vongole in waters of Coffin Bay

35          Taking of Blue Swimmer Crab during closed season

36          Use of untagged device in River Fishery

37          Taking of fish by electrofishing in Lakes and Coorong

Part 2—Fishing activities not to be engaged in by unlicensed persons

Division 1—Use of prohibited devices

38          Use of fish net or long line in coastal waters

39          Use of fish net in River Murray

40          Use of fish net in Coorong during certain periods

41          Use of certain fish traps

Division 2—Use of more than permitted number of devices

42          Use of more than permitted number of devices in coastal waters

43          Use of more than permitted number of devices in River Murray

44          Use of more than permitted number of devices in Coorong (area 1)

45          Use of more than permitted number of devices in Coorong (area 2)

46          Using more than permitted number of devices in Lakes Albert and Alexandrina

47          Use of more than permitted number of devices in Lake George

Division 3—Use of devices of unlawful specifications

48          Use of mesh net of unlawful specifications in Coorong (area 1)

49          Use of mesh net of unlawful specifications in Coorong (area 2)

50          Use of mesh net of unlawful specifications in Lakes Albert and Alexandrina

51          Use of mesh net of unlawful specifications in Lake George

52          Use of crab net or hand net of unlawful specifications

53          Use of rock lobster pot of unlawful specifications

Division 4—Use of devices without buoy or tag etc

54          Use of certain devices without tag

55          Use of mesh net without tag

55A         Use of mesh net in Lake George without buoy or tag

56          Use of drop net without buoy or tag

57          Use of hoop net without buoy or tag

58          Use of rock lobster pot without buoy or tag etc

59          Use of shrimp trap or yabby pot without buoy or tag

60          Use of registered device with incorrect tag

Division 5—Boat and bag limits

61          Recreational non-charter boat fishing daily boat and bag limits

62          Recreational non‑charter boat fishing daily boat and bag limits

63          Recreational bag limits

64          Recreational charter boat fishing daily bag limits

65          Recreational charter boat fishing daily bag limits

66          Recreational charter boat fishing daily bag limits

67          Recreational charter boat fishing daily bag limits

Division 6—Miscellaneous

68          Use of mesh net in Coorong (area 1)

69          Use of mesh net in Coorong (area 2)

70          Use of mesh net in Lakes Albert and Alexandrina

71          Use of mesh net in Lake George

Part 3—Fishing activities not to be engaged in by any person

Division 1—Use of prohibited devices

72          Use of device other than permitted device etc

73          Use of unregistered mesh net or rock lobster pot

74          Use of bow and arrow

76          Use of pointed device to take rock lobster

Division 2—Use of more than permitted number of devices

77          Use of more than permitted number of rods and lines or hand lines

78          Use of more than permitted number of large mesh nets

79          Use of more than permitted number of teaser lines

Division 3—Use of devices of unlawful specifications

80          Use of yabby pot of unlawful specifications in inland waters

81          Use of fish net of unlawful specifications in Lake George

83          Use of hauling net of unlawful specifications in coastal waters

84          Use of hauling net of unlawful specifications for power hauling

85          Use of mesh net of unlawful specifications in certain Coorong waters

86          Use of mesh net of unlawful specifications in Goolwa waters

87          Use of mesh net of unlawful specifications in Lakes Albert and Alexandrina

88          Use of large mesh net of unlawful specifications

89          Use of purse seine net of unlawful specifications to take salmon

90          Use of shrimp trap of unlawful specifications

Division 4—Use of unbuoyed or untagged devices

91          Use of unbuoyed mesh net or set line

92          Use of unbuoyed fish net

Division 5—Use of devices near other devices

93          Use of fish net near another fish net in Lakes Albert and Alexandrina, Murray Mouth or Coorong

Division 6—Use of certain devices in certain waters

95          Use of device other than rod and line, handline or hand net in certain waters

96          Use of certain devices in inland waters

97          Use of towed net in certain waters

98          Use of fish net in certain waters

99          Use of fish net in Spencer Gulf

100         Use of fish net or set line in certain waters

101         Use of long line in Murray Mouth

102         Use of mesh net as set net in Murray Lakes, Murray Mouth and Coorong

103         Use of mesh net as set net on weekends in certain waters

104         Use of hauling net on weekends in certain waters

105         Use of certain devices near artificial reefs

106         Use of device for more than 4 hours

Division 7—Use of certain fishing methods

107         Taking of prawn by power hauling method

108         Taking fish in Gulf St. Vincent or Spencer Gulf using large mesh net

109         Taking fish by using fish net fixed etc across bay

110         Taking of fish by placing stake etc across mouth of waters

111         Taking of fish using pipeline

112         Taking of fish using explosives or certain substances

Division 8—Bag and boat limits

113         Bag limit on rock lobster taken by diving

Division 9—Miscellaneous

114         Taking of undersize or oversize fish

116         Taking of molluscs in West Lakes and adjacent foreshore area

117         Taking of certain shellfish in Port Adelaide River

118         Taking of benthic marine organisms in certain waters

119         Taking of prawn in certain waters less than 10 m deep

120         Taking of rock lobster in certain waters

121         Taking of fish near locks and weir of River Murray proper

122         Taking of certain fish during closed season

123         Taking fish using wire trace of unlawful gauge with certain hooks

124         Setting of rock lobster pots in Southern Zone during closed season

125         Setting of rock lobster pots containing rock lobster

126         Use of registered boat other than under fishery authority

127         Taking of cephalopods in False Bay (Spencer Gulf)

128         Taking fish using certain traces or hooks in certain waters

129         Taking fish near Horseshoe Reef

130         Taking fish in certain parts of Onkaparinga River

Schedule 7—Areas in which use of fish nets is prohibited under section 70 of Act

Part 1—Areas in which use of fish nets is prohibited

Part 2—Areas in which use of nets other than large mesh nets and sardine nets is prohibited

Schedule 7A—Prescribed quantities

Schedule 8—Classes of aquatic resources prescribed for purposes of section 77(2) of Act

Schedule 9—Areas in which explosive devices must not be carried while diving

Schedule 10—Expiation fees

Legislative history

1—Short title

These regulations may be cited as the Fisheries Management (General) Regulations 2007.

3—Interpretation

  1. In these regulations, unless the contrary intention appears—

    Act means the Fisheries Management Act 2007;

    bait net means a fish net that—

    (a)is not more than 150 m in length; and

    (b)has a mesh size of not less than 30 mm and not more than 150 mm;

    Blacklip Abalone means Haliotis rubra;

    Blue Swimmer Crab means Portunus pelagicus;

    Central Zone Abalone Fishery means the fishery of that name constituted by the Fisheries Management (Abalone Fisheries) Regulations 2006;

    Charter Boat Fishery means the fishery constituted by the Fisheries Management (Charter Boat Fishery) Regulations 2016;

    cm means centimetre;

    coastal waters does not include Coorong (area 1), Coorong (area 2) and Lake George;

    cockle means any mollusc of—

    (a)the order Veneroida (other than Pipi (Donax spp) or Vongole (Katelysia spp)); or

    (b)the genus Anadara;

    cockle rake means a device designed to be held in the hand and consisting of a pole at 1 end of which is attached—

    (a)a cross‑bar with teeth; or

    (b)a cross‑bar with a net in the form of a bag or cone; or

    (c)a cross‑bar with teeth and a net in the form of a bag or cone;

    Coorong means that area of water separated from the Lower Murray, and from Lake Alexandrina, by the Goolwa, Mundoo, Boundary Creek, Ewe Island and Tauwitchere Barrages, and separated from the ocean by Sir Richard Peninsula and Younghusband Peninsula, and by the geodesic from the location on Mean High Water Springs closest to the mouth of the River Murray on the northern side of the headland of Sir Richard Peninsula to the location on Mean High Water Springs closest to the northern side of the headland of Younghusband Peninsula;

    Coorong (area 1) means the waters of the Coorong separated from the Lower Murray, and from Lake Alexandrina, by the Goolwa, Mundoo, Boundary Creek, Ewe Island and Tauwitchere Barrages, separated from the waters of the Coorong south east of Tauwitchere Barrage by the geodesic from the location on Mean High Water Springs closest to 35°35′37.17″ South, 139°01′26.49″ East (Pelican Point) to the location on Mean High Water Springs closest to 35°35′40.60″ South, 139°00′44.56″ East (Gnurlung Point), and separated from the ocean by Sir Richard Peninsula and Younghusband Peninsula, and by the geodesic from the location on Mean High Water Springs closest to the mouth of the River Murray on the northern side of the headland of Sir Richard Peninsula to the location on Mean High Water Springs closest to the northern side of the headland of Younghusband Peninsula;

    Coorong (area 2) means the waters of the Coorong south east of the geodesic from the location on Mean High Water Springs closest to 35°35′37.17″ South, 139°01′26.49″ East (Pelican Point) to the location on Mean High Water Springs closest to 35°35′40.60″ South, 139°00′44.56″ East (Gnurlung Point), and separated from the ocean by Younghusband Peninsula;

    Coorong coastal waters means the coastal waters from the location on Mean High Water Springs closest to 35°31′23.50″ South, 138°46′23.83″ East (Beach Road, Goolwa) to the location on Mean High Water Springs closest to 36°49′34.59″ South, 139°50′55.95″ East (Kingston SE jetty);

    corf includes any floating or submerged holding box or container used to hold live fish;

    crab net means a device used to take crabs (Family Portunidae) consisting of a drop net or a net in the form of a bag or cone attached to a hoop at its opening;

    crab pot means a fish trap that—

    (a)is designed and constructed for the purpose of taking Blue Swimmer Crabs; and

    (b)has a maximum height of 650 mm; and

    (c)has a maximum diameter of 2 m; and

    (d)is covered with a fish net that has—

    (i)a minimum mesh size of 75 mm; or

    (ii)an escape panel that has a minimum mesh size of 75 mm and is at least 700 mm by 300 mm;

    crab rake means a device designed to be held in the hand and consisting of a pole at 1 end of which is attached—

    (a)a cross‑bar with teeth; and

    (b)a circular metal framed mesh;

    Cuttlefish means Sepia spp;

    depth, in relation to a net, means the distance from the cork line, buoyant line or other line on which the net is slung to the lead line or to the bottom of the net if there is no lead line such distance to be measured when the cork line, buoyant line or other line on which the net is slung is taut and the lead line or the bottom of the net, if there is no lead line, is hanging free and out of water;

    dip tin means a perforated open metal basket that—

    (a)has a handle; and

    (b)has perforations of 8 mm in diameter; and

    (c)is not more than 400 mm long; and

    (d)is not more than 300 mm wide; and

    (e)is not more than 200 mm deep;

    drop line means a device consisting of a length of line with hooks attached by snoods along its length and that is anchored by a weight, buoyed at the surface and deployed vertically through the water;

    drop net means a net that consists of 2 hoops, the top hoop having a diameter not smaller than that of the bottom hoop, to which netting is attached so as to form a cylindrical bag or cone shaped bag;

    drum net means a fish trap consisting of mesh supported by 3 large diameter bands to form a body or shape which is closed at 1 end and a cove at the other end;

    electro‑fishing means the taking of fish by using a device consisting of a power source anode or cathode designed and constructed to apply an electric field to water so as to attract or stun fish;

    fish net means any net other than a hand net (including a dab net, dip net or shrimp net), hoop net, drop net or a prawn trawl net;

    fish trap means a device that is designed and constructed to trap fish and has an entrance or cove;

    fyke net means a fish trap consisting of a series of large diameter rings which support mesh on the exterior and a series of coves along the interior with a wing or wings at 1 end;

    gill net means a length of mesh net supported along its length by a rope attached to the top and bottom of the mesh and designed and constructed to be used as a static device to enmesh fish;

    Golden Perch means Macquaria ambigua;

    Greenlip Abalone means Haliotis laevigata;

    Gulf St. Vincent means the waters contained within Gulf St. Vincent north of the geodesic from the location on Mean High Water Springs closest to 35°10′04.74″ South, 137°40′38.64″ East (Troubridge Point, Yorke Peninsula) to the location on Mean High Water Springs closest to 35°36′48.51″ South, 138°05′44.01″ East (Cape Jervis, Fleurieu Peninsula);

    Gulf St. Vincent, Investigator Strait and Backstairs Passage means the waters of Gulf St. Vincent, Investigator Strait and Backstairs Passage contained within and bounded by a line commencing at Mean High Water Springs closest to 35°17′59.60″ South, 136°52′50.11″ East (Cape Spencer, Yorke Peninsula), then beginning north‑easterly following the line of Mean High Water Springs to the location closest to 35°38′33.80″ South, 138°31′20.83″ East (Newland Head, Fleurieu Peninsula), then south‑westerly to the location on Mean High Water Springs closest to 35°50′32.70″ South, 138°08′03.59″ East (Cape Willoughby, Kangaroo Island), then beginning north‑westerly following the line of Mean High Water Springs to the location closest to 35°44′55.88″ South, 136°35′14.77″ East (Cape Borda, Kangaroo Island), then north-easterly to the point of commencement;

    Gummy Shark means Mustelus antarcticus;

    hand fish spear means a fish spear propelled by human power without the use of any explosive, spring, elastic material or mechanism;

    hand line means fishing line used without a rod and to which not more than 3 fishing hooks are attached (for the purpose of this definition not more than 5 hooks joined by threading the point of 1 through the eye of another, or by fastening their shanks together will be taken to be 1 hook);

    hand net (including a dab net, dip net or shrimp net) means a net being conical in shape attached to a hoop or ring and extending not more than 1 m in depth from the hoop or ring, the hoop and ring being attached to a rigid handle and having a diameter that does not exceed 1 m;

    hauling net means a net hauled by a rope 1 end of which is securely anchored to the sea bed or attached to a securely anchored boat or securely attached to the shore;

    hoop net means a net consisting of 1 hoop of a diameter not exceeding 107 cm to which netting is attached in the form of a cone or bag that does not extend more than 92 cm from the hoop;

    in any 1 day means during the period commencing at midnight and ending at the midnight next following;

    inland waters means the River Murray and its tributaries, Lakes Albert and Alexandrina, Lake George, the Coorong above the Murray Mouth and all the waters of the State that are fresh waters;

    kg means kilogram;

    km means kilometre;

    kw means kilowatt;

    Lake Eyre Perch means Macquaria spp;

    Lakes Albert and Alexandrina means all of the waters of Lake Albert and Lake Alexandrina downstream from the punt that services the main road joining the township of Wellington to the township of Wellington East near 35°19′52.53″ South, 139°23′04.30″ East, and separated from the Coorong by land and by the Goolwa, Mundoo, Boundary Creek, Ewe Island and Tauwitchere Barrages, and includes those waters of the Finnis River and Currency Creek situated upstream from Lake Alexandrina to the first road bridge by which they are crossed;

    Lakes and Coorong Fishery means the fishery of that name constituted by the Fisheries Management (Lakes and Coorong Fishery) Regulations 2006;

    large mesh monofilament net means a monofilament mesh net that—

    (a)has a mesh size exceeding 115 mm; and

    (b)consists of line with a minimum breaking strain of not less than 7 kg;

    large mesh multifilament hauling net means a multifilament hauling net that—

    (a)has a mesh size exceeding 95 mm; and

    (b)consists of line with a minimum ply of not less than 21;

    large mesh net means a mesh net or gill net with a mesh size of not less than 150 mm;

    large mulloway means Mulloway that exceeds 75 cm in length;

    large salmon means Salmon that exceeds 35 cm in length;

    large snapper means Snapper that exceeds 60 cm in length;

    length

    (a)in relation to a fish—means the distance from the foremost part of the head to the end of the tail;

    (b)in relation to a net—means the length of that part of the cork line, buoyant line or other line on which the net is slung;

    licensed person, in relation to a fishing activity, means—

    (a)a person who, for a commercial purpose, is engaged in a fishing activity of a class that constitutes the fishery in respect of which the person holds a fishery licence or permit; or

    (b)a person acting as the agent of a holder of such a licence or permit;

    long line means a length of line to which is attached 1 or more traces or hooks and which is anchored and buoyed at 1 or both ends;

    m means metre;

    Mean High Water Springs means the line representing the average of all high water observations at the time of spring tide over a period of 19 years;

    meat, in relation to an abalone, means all the muscular foot from which the viscera have been detached by the usual shucking procedure;

    mesh net means a net designed and constructed to enmesh fish;

    Miscellaneous Broodstock and Seedstock Fishery means the fishery of that name constituted by the Fisheries Management (Miscellaneous Broodstock and Seedstock Fishery) Regulations 2013;

    mm means millimetre;

    Mulloway means Argyrosomus hololepidotus;

    Murray Cod means Maccullochella peelii;

    Murray Mouth means the Coorong and coastal waters that are within 500 m of a line joining the locations on Mean High Water Springs closest to 35°33′18.69″ South, 138°52′45.87″ East (northern side of the headland of Sir Richard Peninsula) and 35°33′21.95″ South, 138°52′53.34″ East (northern side of the headland of Younghusband Peninsula);

    mussel dredge means a device that—

    (a)is designed and constructed to be held in the hand so as to facilitate the taking of fish by scraping the bed of any waters; and

    (b)is not more than 1 m wide; and

    (c)has attached to it a net not more than 1 m deep;

    non‑commercial purpose means a purpose other than trade or business;

    Northern Zone has the same meaning as in the Fisheries Management (Rock Lobster Fisheries) Regulations 2006;

    Northern Zone Rock Lobster Fishery means the fishery of that name constituted by the Fisheries Management (Rock Lobster Fisheries) Regulations 2006;

    on the same day means during the period commencing at midnight and ending at the midnight next following;

    overall length, in relation to a boat, means the horizontal distance between—

    (a)a perpendicular dropped from the extremity of the bow of the boat, or, if a fixture or structure attached to the bow projects beyond the bow, from the extremity of that fixture or structure; and

    (b)a perpendicular dropped from the extremity of the stern of the boat, or, if a fixture or structure attached to the stern projects beyond the stern, from the extremity of that fixture or structure;

    permitted device means a device specified in Schedule 1;

    power hauling method of fishing means a fishing activity involving the use of a fish net where—

    (a)the net is hauled through the water by means other than by hand; and

    (b)not more than 1 boat is used to haul the net; and

    (c)1 end of the net is anchored so as to secure that end to the sea bed while—

    (i)the net is shot out; or

    (ii)1 end of the net is being hauled back to the other end;

    prawn means King Prawn (Melicertus latisulcatus);

    prawn trawl net means a trawl net that is designed and constructed for the taking of prawn;

    purse seine net means a long winged hauling net with a bunt and a pursing line attached by rings to the bottom mesh or foot rope;

    revoked regulations means the Fisheries (General) Regulations 2000;

    ring net means a mesh net that has floats on the head line and leads on the bottom line and is designed and constructed to encircle a school of fish;

    River Fishery means the fishery of that name constituted by the Fisheries Management (River Fishery) Regulations 2006;

    River Murray proper means all the waters of the River Murray and its anabranches, tributaries, lagoons and lakes situated upstream of the punt which services the main road joining the township of Wellington to the township of Wellington East;

    rock lobster means Southern Rocklobster (Jasus edwardsii);

    rock lobster fishery means—

    (a)the Northern Zone Rock Lobster Fishery; or

    (b)the Southern Zone Rock Lobster Fishery;

    rock lobster pot means a fish trap that is designed and constructed for the purpose of taking rock lobster;

    rock lobster snare means a device that—

    (a)consists of a noose attached to a length of tubing; and

    (b)is designed and constructed for the taking of rock lobster;

    rod and line means a rod to which is attached a fishing line having not more than 3 fishing hooks attached to it (and, for the purpose of this definition, not more than 5 hooks joined by threading the point of 1 through the eye of another or by fastening their shanks to each other will be taken to be 1 hook);

    Salmon means Western Australian Salmon (Arripis truttaceus);

    Sand Crab means Ovalipes spp;

    sand crab pot means a fish trap that—

    (a)is designed and constructed for the purpose of taking Sand Crabs; and

    (b)has a maximum height of 450 mm; and

    (c)has a maximum diameter of 1.5 m; and

    (d)is covered with a fish net that has—

    (i)a minimum mesh size of 75 mm; or

    (ii)an escape panel that has a minimum mesh size of 75 mm and is at least 700 mm by 300 mm;

    sardine net means a purse seine net that—

    (a)is no more than 1000 m in length; and

    (b)is no more than 200 m in depth; and

    (c)has a minimum mesh size of 14 mm; and

    (d)has a maximum mesh size of 22 mm;

    scallop dredge means a device consisting of mesh supported by framework that is designed and constructed to be pulled behind a boat so as to facilitate the taking of fish by scraping the bed of any waters;

    School Shark means Galeorhinus galeus;

    set line includes any device using hooks and known as a cross line, springer, side line, long line or buoyed line;

    set net means a static mesh net;

    set‑net method of fishing means a fishing activity involving the use of a fish net—

    (a)of up to 600 m in length; and

    (b)having a mesh size of at least 50 mm and less than 150 mm,

    and in which the fish net is run out into the water and set, the ends of the fish net not meeting or being joined;

    shrimp trap means a fish trap that is designed and constructed for the purpose of taking shrimps (Suborder Natantia);

    small mesh monofilament net means a monofilament mesh net that—

    (a)has a mesh size exceeding 50 mm but not exceeding 64 mm; and

    (b)consists of line with a minimum breaking strain of not less than 5.5 kg;

    small mesh multifilament hauling net means a multifilament hauling net that—

    (a)has a mesh size exceeding 50 mm but not exceeding 64 mm; and

    (b)consists of line with a minimum ply of not less than 15;

    small Mulloway means Mulloway that is at least 46 cm in length but does not exceed 75 cm in length;

    small Salmon means Salmon that is at least 21 cm in length but does not exceed 35 cm in length;

    small Snapper means Snapper that is at least 38 cm in length but does not exceed 60 cm in length;

    Snapper means Pagrus auratus;

    Southern Bluefin Tuna means Thunnus maccoyii;

    Southern Zone has the same meaning as in the Fisheries Management (Rock Lobster Fisheries) Regulations 2006;

    Southern Zone Abalone Fishery means the fishery of that name constituted by the Fisheries Management (Abalone Fisheries) Regulations 2006;

    Southern Zone Rock Lobster Fishery means the fishery of that name constituted by the Fisheries Management (Rock Lobster Fisheries) Regulations 2006;

    spear gun means a device for spearing fish consisting of a spear and an apparatus for discharging the spear by means of explosive, spring or elastic material or other mechanical means;

    Spencer Gulf means the waters contained within Spencer Gulf north of the geodesic from the location on Mean High Water Springs closest to 34°59′07.15″ South, 136°00′11.06″ East (Cape Catastrophe, Eyre Peninsula) to the location on Mean High Water Springs closest to 35°17′59.60″ South, 136°52′50.11″ East (Cape Spencer, Yorke Peninsula);

    swinger net means a non‑static gill net to which is attached a rope that is anchored to the shore so as to enable the net to drift with the aid of offshore and longshore currents;

    teaser line means a line (without an attached hook) used to lure or attract fish;

    trawl net includes a lampara net, Danish seine net, beam trawl net or otter trawl net and any net towed by a boat;

    trot line means a combination of—

    (a)buoyed lines anchored or weighted; and

    (b)a line or lines connecting the buoyed lines and supported under the surface of the waters by a line of floats; and

    (c)a line or lines attached to the connecting line and weighted to which are attached hooks or snoods with hooks;

    undersize fish means fish that is undersize as determined in accordance with Schedule 2 but does not include—

    (a)scalefish of the family Bothidae or Pleuronectidae taken by an unlicensed person; or

    (b)aquaculture fish taken by the holder of an aquaculture licence from an area in which aquaculture is carried on; or

    (c)fish taken by the holder of an aquaculture licence under a permit in respect of the Miscellaneous Broodstock and Seedstock Fishery;

    unlicensed person, in relation to a fishing activity, means a person who is not a licensed person in relation to that activity;

    vongole means any mollusc of the genus Katelysia;

    waters of the State means all the waters to which the Act applies;

    Western Blue Groper means Achoerodus gouldii;

    Western Zone Abalone Fishery means the fishery of that name constituted by the Fisheries Management (Abalone Fisheries) Regulations 2006;

    Yabby means Yabby (Cherax spp);

    yabby pot means a fish trap designed and constructed for the purpose of taking Yabby;

    Yellowfin Tuna means Thunnus albacares.

  1. In these regulations—

    (aaa)all lines in spatial descriptions are geodesics based on the Geocentric Datum of Australia 1994 (GDA94) as defined in the Commonwealth of Australia Gazette GN35 of 6 September 1995, and all coordinates are expressed in terms of GDA94;

    (aa)common and scientific fish names are given according to AS:SSA‑001 Australian Fish Names Standard published by Seafood Services Australia in July 2007, as amended from time to time;

    (a)a reference to a person carrying a device includes a reference to—

    (i)having the device on or about his or her person; or

    (ii)having the device so near to his or her person that he or she is able to exercise physical control over the device;

    (b)a reference to the taking of aquatic resources or a particular class or species of aquatic resources includes a reference to any act that is preparatory to or involved in the taking of those aquatic resources or class or species of aquatic resources, whether or not any such aquatic resources or class or species of aquatic resources have been taken;

    (c)a reference to using or to the use of a device by a person engaged in a fishing activity includes a reference to using the device—

    (i)to take aquatic resources; and

    (ii)in or as part of any act preparatory to, or involved in, the taking of aquatic resources.

  2. For the purposes of these regulations, the mesh size of a net is to be determined as follows:

    (a)10 meshes of the net are to be measured by the method referred to in paragraph (b) and the sum is to be divided by 10;

    (b)the distance between 1 corner of the mesh of the net and the corner of the same mesh diagonally opposite to that corner (with the corners extended so that as near as is practicable there is no space between adjacent threads of mesh) is to be measured by the following method:

    (i)that part of the net containing the mesh to be measured must be soaked in water for at least 5 minutes; and

    (ii)immediately after soaking, a weight of 1.5 kg must be attached or slung to 1 corner of the mesh to be measured (the weighted corner); and

    (iii)while the weight is attached to or slung on the weighted corner, the distance between the weighted corner and the corner of the same mesh diagonally opposite to the weighted corner must be measured, the measurement being taken from the inside of each corner.

  3. For the purposes of these regulations—

    (a)a device registered for use for recreational fishing is attended only if it is at all times actually being attended by the person in whose name it is registered under regulation 10 and that person is at all times—

    (i)while the device is in the waters of Lake George—no more than 50 m from the landward boundary of the Lake;

    (ii)while the device is in any other waters of the State—no more than 50 m from any part of the device;

    (b)a device registered for use under a fishery authority is attended only if it is at all times actually being attended by the person who holds the fishery authority, or a person acting as an agent of the holder of the fishery authority, and that person is at all times—

    (i)while the device is in the waters of Lake George—no more than 50 m from the landward boundary of the Lake;

    (ii)while the device is in any other waters of the State—no more than 50 m from any part of the device.

4—Commercial quantity

For the purposes of the definition of commercial quantity in section 3(1) of the Act, a quantity specified in Schedule 3 is declared to be a commercial quantity in relation to the class of aquatic resource specified alongside that quantity.

5—Corresponding laws

For the purposes of the definition of corresponding law in section 3(1) of the Act, the laws specified in Schedule 4 are declared to be corresponding laws.

6—Protected species

For the purposes of the definition of protected species in section 3(1) of the Act, the species specified in Schedule 5 are declared to be protected.

7—Classes of fishing activities prescribed for purposes of section 70 of Act

For the purposes of section 70 of the Act, the following classes of fishing activities are prescribed:

(a)the classes of fishing activities specified in Schedule 6;

(b)the taking of fish by a person—

(i)by using a fish net in any of the waters of the State specified in Schedule 7 Part 1; or

(ii)by 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.

8—Sale, purchase or possession of aquatic resources

  1. For the purposes of section 72(2)(c) of the Act, the following classes of aquatic resources are prescribed:

    (a)undersize fish;

    (b)aquatic resources of a class specified in Schedule 3.

  2. For the purposes of section 72(6) of the Act, a quantity specified in Schedule 3 alongside a class of aquatic resources is the prescribed quantity of aquatic resources of that class.

8A—Possession of prescribed quantity of aquatic resource in prescribed circumstances

  1. For the purposes of section 73(1) of the Act—

    (a)a quantity specified in Schedule 7A is fixed in relation to the class of fish or other aquatic resource specified alongside that quantity; and

    (b)the following circumstances, or any combination of the following circumstances, are prescribed:

    (i)where the fish or other aquatic resource is—

    (A)frozen; or

    (B)stored in a freezer;

    (ii)where the fish or other aquatic resource—

    (A)has been pickled, salted, smoked, cooked or otherwise processed; or

    (B)is otherwise stored,

    in a manner designed to preserve the fish or other aquatic resource.

  2. For the purposes of section 73(2)(c) of the Act, in proceedings for an offence against section 73(1) of the Act it is a defence if the defendant proves that the fish or aquatic resources to which the proceedings relate—

    (a)were purchased from a person whose ordinary business was the selling of such fish or aquatic resources; and

    (b)were purchased in the ordinary course of that business.

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.

9—Aquatic or benthic animals

For the purposes of section 77(2) of the Act, the classes of aquatic or benthic animals specified in Schedule 8 are prescribed.

10—Registration of devices for non-commercial fishing

  1. This regulation applies in relation to a mesh net or rock lobster pot to be used by a person (including the holder of a fishery authority) for non-commercial fishing.

  2. An application for registration of a device to which this regulation applies must—

    (a)be made to the Minister in a manner and form approved by the Minister; and

    (b)be accompanied by the appropriate fee fixed by the Fisheries Management (Fees) Regulations 2007.

  3. An application for registration of a mesh net—

    (a)in the case of a mesh net for use in the waters of Lake George—

    (i)cannot be made earlier than 2 months before the commencement of the registration period during which the registration is to have effect; and

    (ii)cannot be made at all if the applicant has by a separate application obtained the registration of another mesh net for use in the waters of Lake George for the same registration period;

    (b)in any other case—cannot be made except by a person who, immediately before 1 December 2007, had the mesh net registered in the person's name under regulation 8 of the revoked regulations.

  4. An application for registration of a rock lobster pot—

    (a)cannot be made earlier than 2 months before the commencement of the registration period during which the registration is to have effect;

    (b)cannot be made at all if the applicant has by a separate application obtained the registration of another rock lobster pot for the same registration period.

  5. Before registering a device under this regulation the Minister may require the applicant to produce the device for examination by a fisheries officer.

  6. The Minister must refuse to register a device if—

    (a)it is not produced for examination pursuant to a requirement made under subregulation (5); or

    (b)the applicant could not, on registration of the device, lawfully use it for the purpose of taking aquatic resources in the waters of the State; or

    (c)registration would result in the number of devices registered in the applicant's name being in excess of the greatest number of devices that the applicant may lawfully use, at any 1 time, in the waters of the State.

  7. If the Minister is satisfied that—

    (a)an application to register a device has been made in accordance with this regulation; and

    (b)the applicant is a natural person of at least 15 years of age; and

    (c)the device complies with these regulations,

    the Minister may register the device in the name of the applicant—

    (d)in the case of a rock lobster pot—

    (i)if the application was made on or before the commencement of the registration period—for the whole of the registration period;

    (ii)if the application was made after the commencement of the registration period—for a period commencing on the date of grant of the application and ending on the expiry of the last day of the registration period; or

    (da)in the case of a mesh net for use in the waters of Lake George—

    (i)if the application was made on or before the commencement of the registration period—for the whole of the registration period;

    (ii)if the application was made after the commencement of the registration period—for a period commencing on the date of grant of the application and ending on the expiry of the last day of the registration period; or

    (e)in any other case—for a period not exceeding 3 years.

  8. The Minister must, on registering a device—

    (a)allot a registered number to the device; and

    (b)in the case of a rock lobster pot—issue to the person in whose name the pot is registered a tag bearing the registered number; and

    (c)in the case of a mesh net for use in the waters of Lake George—issue to the person in whose name the net is registered a tag bearing the registered number.

  9. If the Minister is satisfied that a tag issued in respect of a rock lobster pot, or a mesh net for use in the waters of Lake George, registered under this regulation has been lost, stolen, damaged or destroyed, the Minister must, on application made in a manner and form approved by the Minister and payment of the appropriate fee fixed by the Fisheries Management (Fees) Regulations 2007, issue a replacement tag.

  10. In this regulation—

    registration period

    (a)in relation to a rock lobster pot—means a period of 8 months commencing on 1 October in any year;

    (b)in relation to a mesh net for use in the waters of Lake George—means a period of 12 months commencing on 1 July in any year.

11—Duty to produce certificate of registration

A person who is using a registered device for recreational fishing must, if requested by a fisheries officer to produce his or her certificate of registration of the device, produce the certificate within 48 hours after the making of the request.

Maximum penalty: $2 500.

Expiation fee: $210.

12—Section 53(2) of Act not to apply to rods and lines and hand lines used for commercial fishing

Section 53(2) of the Act does not apply in relation to a rod and line or hand line used under a fishery authority.

13—Requirements relating to buoys and tags

For the purposes of these regulations—

(a)a buoy must—

(i)be made of material that is durable in water; and

(ii)clearly display the marks required by these regulations in letters and figures of not less than 70 mm in height; and

(iii)have a volume of not less than—

(A)in the case of a buoy attached to a drop net, drum net, hoop net, shrimp trap or yabby pot used by any person to take fish in the River Murray proper, Lakes Albert and Alexandrina or the Coorong—2 litres; or

(B)in any other case—4 litres; and

(iv)float on the surface of water;

(b)a tag must—

(i)be made of material that is durable and non‑corrodible in water; and

(ii)clearly display the marks required by these regulations in letters and figures of not less than 20 mm in height; and

(iii)be not less than 100 mm long and 50 mm wide.

14—Carriage of explosive devices in specified areas

  1. A person must not carry a hand fish spear, spear gun or device that operates by means of an explosive cartridge in the areas specified in Schedule 9.

    Maximum penalty: $2 500.

    Expiation fee: $210.

  2. It is a defence to a charge of an offence against subregulation (1) to prove that the defendant was carrying the spear, spear gun or device only for the purpose of transporting it across the area.

15—Carriage of certain devices while using scuba etc

  1. Subject to subregulation (2), a person must not, while using a scuba, hookah or other apparatus for breathing underwater, carry a hand fish spear, spear gun or device that operates by means of an explosive cartridge.

    Maximum penalty: $2 500.

    Expiation fee: $210.

  2. A person may, while using a scuba, hookah or other apparatus for breathing under water, carry a device that operates by means of an explosive cartridge if—

    (a)the device is not attached to a hand fish spear or spear gun; and

    (b)the device is carried only for protection; and

    (c)any fish that is injured or killed is left in the water.

(3)Subregulation (2) does not permit the carrying of a device in an aquatic reserve or an area specified in Schedule 9.

16—Carriage of devices near lock and weirs of Murray River

A person must not carry a device within 150 m of each side of each lock and weir of the River Murray proper.

Maximum penalty: $2 500.

Expiation fee: $210.

17—Distinguishing marks on boats

  1. The Minister must, on registering a boat under section 53 of the Act, allot to the boat a distinguishing mark consisting of 1 or more numbers or letters or a combination of numbers and letters.

  2. The holder of a fishery authority must not use a registered boat for the purposes of engaging in a fishing activity of a class that constitutes the fishery in respect of which he or she holds a fishery authority unless the registered boat bears distinguishing marks that—

    (a)are painted or otherwise marked on each side of the registered boat; and

    (b)are painted or otherwise marked in legible figures; and

    (c)contain figures each of which—

    (i)is not less than 150 mm high; and

    (ii)is not less than 100 mm wide; and

    (iii)contains no line that is less than 30 mm broad; and

    (d)are clearly visible above the water line; and

    (e)are painted in—

    (i)black paint or otherwise marked in black if painted on a light coloured background; or

    (ii)white paint or otherwise marked in white if painted or marked on a dark coloured background.

    Maximum penalty: $2 500.

    Expiation fee: $210.

  3. A person must not use a dinghy as a tender to a registered boat unless it bears the same distinguishing marks as the registered boat to which it is used as a tender with the addition of the letter "T" forming part of the distinguishing marks as a prefix to them.

    Maximum penalty: $2 500.

    Expiation fee: $210.

  4. If a boat that has been a registered boat ceases to be a registered boat, the owner must, as soon as practicable after the boat ceases to be a registered boat, remove or cause to be removed any distinguishing mark that had been painted or otherwise marked on the boat.

    Maximum penalty: $2 500.

    Expiation fee: $210.

18—Mutilation of certain fish

  1. This regulation applies to—

    (a)shark of any species belonging to the Class Chondricthyes; and

    (b)fish of a class specified in Schedule 2.

  2. If fish of a class to which this regulation applies are taken in the course of fishing from a boat, a person must not mutilate those fish before they are brought ashore or landed on a jetty or other landing place.

    Maximum penalty: $2 500.

    Expiation fee: $210.

  3. In proceedings for an offence against subregulation (2), it will be presumed, in the absence of proof to the contrary, that any mutilated fish on a boat have been mutilated by the person in charge of the boat unless that person proves that some other person mutilated them and that he or she made reasonable efforts to prevent the mutilation.

  4. This regulation does not apply in relation to fish on a boat that, within 24 hours of their mutilation, are to be—

    (a)consumed as food on that boat; or

    (b)used as bait in the course of a fishing activity in which persons on that boat intend, and are lawfully entitled, to engage in.

  5. In this regulation—

    mutilate, in relation to fish, means to divide, cut up, mangle or dismember fish in any way but does not include—

    (a)the removal of the guts or scales of fish; or

    (b)in the case of shark—

    (i)the removal of pelvic fins and claspers; or

    (ii)the removal of the tail at the sub‑terminal notch, leaving the caudal lobe attached to the body.

19—Provisions relating to abalone fishing

  1. A person must not remove from the shell abalone taken under a licence in respect of the Southern Zone Abalone Fishery unless the abalone is removed on land at the premises of a registered fish processor in the course of the business of the fish processor.

    Maximum penalty: $2 500.

  2. An unlicensed person who takes abalone in the waters of the State must bring the abalone to a position above the water line before the abalone is removed from its shell.

    Maximum penalty: $2 500.

    Expiation fee: $210.

  1. A person who takes abalone in the waters of the State must have attached to his or her person an effective and accurate measuring device suitable for measuring abalone.

    Maximum penalty: $2 500.

    Expiation fee: $210.

  2. A person who takes abalone in the waters of the State must measure each abalone by using a device of a kind referred to in subregulation (3) immediately after detaching the abalone from the rock or other place to which it was attached and must immediately, with care, replace on that rock or other place to which the abalone had been attached any abalone that is undersize.

    Maximum penalty: $2 500.

    Expiation fee: $210.

  3. Subject to subregulation (6), a person must not have possession, control or custody of abalone that has been removed from its shell.

    Maximum penalty: $2 500.

    Expiation fee: $210.

(6)Subregulation (5) does not apply to a person who has in his or her possession, control or custody abalone that has been removed from its shell if—

(a)being an unlicensed person, the person has complied with subregulation (2); or

(b)the person is acting during the course of his or her work or employment at the premises of a registered fish processor that are situated on land; or

(c)the abalone has previously been delivered to and processed at the premises of a registered fish processor that are situated on land; or

(d)the abalone was taken under a licence in respect of the Central Zone Abalone Fishery or Western Zone Abalone Fishery.

  1. In this regulation—

    land does not include land below waters.

20—Keeping of fish in corfs

A person must not store or confine fish in a corf unless—

(a)a red buoy that—

(i)complies with regulation 13; and

(ii)is marked with the letter "C",

is attached to the corf; and

(b)the buoy—

(i)is marked with the owner's fishery licence number; or

(ii)if the owner does not hold a fishery licence—has attached to it a tag bearing the owner's name and address.

Maximum penalty: $2 500.

Expiation fee: $210.

21—Keeping of rock lobster

A person must not store or confine rock lobster in a corf unless he or she holds a licence in respect of a rock lobster fishery.

Maximum penalty: $5 000.

Expiation fee: $315.

21A—Taking rock lobster or setting rock lobster pots in Northern Zone during closed season

  1. Unless the Minister has, by notice in the Gazette, made a determination to the contrary, an unlicensed person must not take rock lobster in the Northern Zone during the closed season.

    Maximum penalty:

    (a)for a first offence—$10 000;

    (b)for a second or subsequent offence—$20 000.

    Expiation fee: $200.

  2. Unless the Minister has, by notice in the Gazette, made a determination to the contrary, an unlicensed person must not set a rock lobster pot in the Northern Zone during the closed season.

    Maximum penalty:

    (a)for a first offence—$10 000;

    (b)for a second or subsequent offence—$20 000.

    Expiation fee: $315.

  3. In this regulation—

    closed season means the period commencing at 1800 hours on 31 May in any year and ending at 1200 hours on the following 1 November.

22—Duty to clip tail fan of rock lobster

A person who takes rock lobster in the waters of the State (other than under a licence in respect of a rock lobster fishery) must, before the rock lobster is brought ashore or landed, clip its middle tail fan in half horizontally across the tail and remove it.

Maximum penalty: $5 000.

Expiation fee: $315.

23—Berleying

  1. A person must not use blood, bone, meat, offal or skin of an animal as berley (otherwise than in a rock lobster pot or other fish trap) within 2 nautical miles of—

    (a)the mainland of the State; or

    (b)any island or reef that forms part of the State and is exposed at the low water mark.

    Maximum penalty: $2 500.

    Expiation fee: $210.

(1a)Subregulation (1)(b) does not apply to the use of blood, bone, meat, offal or skin of an animal as berley in the Neptune Islands Group (Ron and Valerie Taylor) Marine Park established under section 10 of the Marine Parks Act 2007 if that use is authorised under the National Parks and Wildlife Act 1972.

  1. A person must not deposit or use in marine waters of the State the body, or part of the body, of a mammal or bird.

    Maximum penalty: $2 500.

    Expiation fee: $210.

24—Commercial bait nets not to be left unattended

  1. Subject to subregulation (2), a bait net that is registered for use under a fishery authority must not be left unattended after it has been set in waters from a registered boat.

  2. A bait net that has a mesh size of not less than 50 mm may be left unattended for a continuous period not exceeding 12 hours.

  3. If subregulation (1) is contravened, the registered owner and registered master of the registered boat are each guilty of an offence.

    Maximum penalty: $5 000.

    Expiation fee: $315.

25—Requirement to remove anchors etc from nets removed from Lakes and Coorong Fishery

  1. A person who—

    (a)for a commercial purpose engages in a fishing activity of a class that constitutes the Lakes and Coorong Fishery; and

    (b)for the purposes of engaging in that activity places a net in the Lakes and Coorong,

    must, on removing the net from the Lakes and Coorong, immediately remove from the Lakes and Coorong any buoy, anchor or other device or thing to which the net was attached.

    Maximum penalty: $2 500.

    Expiation fee: $210.

  2. In this regulation—

    Lakes and Coorong means the waters of the Coorong, Lake Alexandrina, Lake Albert, and the coastal waters adjacent to South Australia between the location on Mean High Water Springs closest to 35°31′23.50″ South, 138°46′23.83″ East (Beach Road, Goolwa) and the location on Mean High Water Springs closest to 36°49′34.59″ South, 139°50′55.95″ East (Kingston SE Jetty).

26—Marking of receptacles in which aquatic resources are transported, consigned for sale etc

  1. A person who is—

    (a)the holder of a fishery authority; or

    (b)a registered fish processor; or

    (c)otherwise involved in a business that involves the handling, storage, movement or dealing with aquatic resources,

    must not transport, consign for or have on sale, in a receptacle any aquatic resources unless there is legibly marked on the outside of the receptacle or on a label attached to the outside of the receptacle—

    (d)the person's full name or initials and surname; and

    (e)if the person is the holder of a fishery licence or permit or an aquaculture licence—the person's licence or permit number.

    Maximum penalty: $2 500.

    Expiation fee: $210.

  2. In this regulation—

    receptacle includes any container, box or other package.

27—Notice of seizure of device

For the purposes of section 90(2)(d) of the Act, notice of the seizure of a device must be given by notice published in the Gazette within 28 days of the seizure of the device containing—

(a)a description of the device; and

(b)the place where, and the date on which, it was seized; and

(c)the place where it may be inspected for a period of 1 month following the date of the notice.

28—Duty to notify Minister of change of address

  1. A natural person who holds an authority under the Act must, within 30 days of changing his or her residential or business address, give the Minister written notice of his or her new address.

    Maximum penalty: $1 250.

    Expiation fee: $105.

  2. A body corporate that holds an authority under the Act must, within 30 days of changing its registered address, give the Minister written notice of the body corporate's new registered address.

    Maximum penalty: $1 250.

    Expiation fee: $105.

29—Evidentiary provision

In proceedings for an offence against these regulations or any other regulations made under the Act, if it is proved that a person apparently over the age of 15 years was on board a registered boat on a particular day while the registered boat was being used for the purpose of engaging in a fishing activity of a class that constitutes a fishery, it will be presumed, in the absence of proof to the contrary, that the person was on that day engaged in the fishing activity for which purpose the registered boat was being used.

30—Expiation of alleged offences

  1. The expiation fees set out in Schedule 10 are fixed for alleged offences against section 70 of the Act (other than an offence referred to in subregulation (2)).

  2. The expiation fee for an alleged offence against section 70 of the Act constituted of the taking of fish by a person—

    (a)by using a fish net in any of the waters of the State specified in Schedule 7 Part 1; or

    (b)by 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,

    is a fee of $200.

  3. Text set out in italic type in a column headed "Description of fishing activity constituting offence" in the Table in Schedule 10 is a description for convenience purposes only and is not to be taken to define the offence for which a particular amount is fixed as the expiation fee.

Schedule 1—Permitted devices

(Regulation 3(1))

Bait fork

Bait pump

Bait spade

Bow and arrow (other than a crossbow)

Cockle rake

Crab net

Crab rake

Dip tin

Drop net

Hand fish spear

Hand net, including a dab net, dip net or shrimp net

Hoop net

Mesh net

Mussel dredge

Razorfish tongs

Rock lobster pot

Rock lobster snare

Shrimp trap

Spear gun

Squid jig

Yabby pot

Schedule 2—Undersize fish

(Regulation 3(1))

Part 1—Crustaceans

1—Blue Swimmer Crab

Blue Swimmer Crab is undersize if the length of its carapace, as shown in diagram 1, is less than 11 cm when measured from side to side at the base of the largest spines.

Diagram 1—Blue Swimmer Crab (Portunus pelagicus)

2—Giant Crab

Giant Crab is undersize if the length of its carapace, as shown in diagram 2, is less than 15 cm when measured from top to bottom.

Diagram 2—Giant Crab (Pseudocarcinus gigas)

3—Sand Crab

Sand Crab is undersize if the length of its carapace, as shown in diagram 3, is less than 10 cm when measured from side to side at its widest point.

Diagram 3—Sand crab (Ovalipes spp)

4—Rock lobster

  1. Rock lobster is undersize if its length, as shown in diagram 4, is—

    (a)in the case of rock lobster taken from the Northern Zone—less than 10.5 cm; or

    (b)in any other case—less than 9.85 cm.

  2. In subclause (1)—

    length, in relation to rock lobster, means the length of the carapace measured in a direct medial line from the most forward part of the median suture marked on the frontal tubercle that is situated between the epimeral plates below and in front of the rostrum to the centre of the posterior edge of the carapace (but not including any hairs on the carapace).

Diagram 4—Rock lobster (Jasus edwardsii)

Part 2—Molluscs

5—Abalone taken by licensed person

  1. Abalone of all species (except Blacklip Abalone and Greenlip Abalone) is undersize if—

    (a)it is less than 13 cm in length; or

    (b)the meat, having been removed from the shell, weighs less than 113 gm.

  2. Blacklip abalone is undersize—

    (a)if taken in an abalone fishing area in the Southern Zone—its length is less than the length specified by the Minister from time to time by notice in the Gazette; or

    (b)if taken in waters other than the Southern Zone—

    (i)it is less than 13 cm in length; or

    (ii)the meat, having been removed from the shell, weighs less than 113 gm.

  3. Greenlip Abalone is undersize—

    (a)if taken in the waters of the Western Zone—

    (i)it is less than 14.5 cm in length; or

    (ii)the meat, having been removed from the shell, weighs less than 140 gm; or

    (b)if taken in any other waters of the State—

    (i)it is less than 13 cm in length; or

    (ii)the meat, having been removed from the shell, weighs less than 113 gm.

  4. Despite subclauses (1), (2) and (3), abalone of all species is not to be taken to be undersize if the meat when removed is below the minimum weight referred to in those subclauses provided that—

    (a)the abalone is brought ashore and before shucking is delivered to a registered fish processor at premises at which that fish processor is registered to carry on business as a fish processor by virtue of the Act; and

    (b)the length of the abalone is not below that required by this clause.

  5. In this clause—

    abalone fishing area has the same meaning as in regulation 15 of the Fisheries Management (Abalone Fisheries) Regulations 2006;

    length, of an abalone, means the length of the abalone as measured at its greatest dimension as shown in diagram 5;

    Southern Zone has the same meaning as in the Fisheries Management (Abalone Fisheries) Regulations 2006;

    Western Zone has the same meaning as in the Fisheries Management (Abalone Fisheries) Regulations 2006.

  6. This clause applies only in relation to abalone taken by a licensed person.

Diagram 5—Abalone (Haliotis spp)

6—Abalone taken by unlicensed person

  1. Abalone of all species (except Greenlip Abalone) is undersize—

    (a)if it is less than 13 cm in length; or

    (b)if the meat, having been removed from the shell, weighs less than 113 gm.

  2. Greenlip Abalone is undersize—

    (a)if taken in the waters of the Western Zone—

    (i)it is less than 14.5 cm in length; or

    (ii)the meat, having been removed from the shell, weighs less than 140 gm; or

    (b)if taken in any other waters of the State—

    (i)it is less than 13 cm in length; or

    (ii)the meat, having been removed from the shell, weighs less than 113 gm.

  3. In this clause—

    length, of an abalone, means the length of the abalone as measured at its greatest dimension as shown in diagram 5 of clause 5;

    Southern Zone means all coastal waters east of the meridian of longitude 139° East such waters not including the waters of the Coorong or any other waters above the Murray Mouth;

    Western Zone means all coastal waters west of the meridian of longitude 136°30′00″ East.

  4. This clause applies only in relation to abalone taken by an unlicensed person.

7—Cockle and Vongole

  1. Cockle or vongole taken by a licensed person is undersize if, when measured at its greatest dimension as shown in diagram 6—

    (a)in the case of cockle, White Vongole (Katelysia peroneii) or Yellow Vongole (Katelysia rhytiphora) taken from the waters of Coffin Bay south of the geodesic from the location on Mean High Water Springs closest to 34°31′19.92″ South, 135°21′12.12″ East (Point Longnose) to the location on Mean High Water Springs closest to 34°31′19.92″ South, 135°22′38.52″ East—the cockle or vongole is less than 3.5 cm; or

    (b)in any other case—the cockle or vongole is less than 3 cm.

  2. Cockle or vongole taken by an unlicensed person is undersize if, when measured at its greatest dimension as shown in diagram 6—

    (a)in the case of cockle or vongole taken from the waters of Coffin Bay south of the geodesic from the location on Mean High Water Springs closest to 34°31′19.92″ South, 135°21′12.12″ East (Point Longnose) to the location on Mean High Water Springs closest to 34°31′19.92″ South, 135°22′38.52″ East—the cockle or vongole is less than 3.8 cm; or

    (b)in any other case—the cockle or vongole is less than 3 cm.

Diagram 6—Cockle and vongole

8—Pipi

Pipi is undersize if, when measured at its greatest dimension as shown in diagram 7, it is less than 3.5 cm.

Diagram 7—Pipi (Donax spp)

9—Scallop

Scallop is undersize if, when measured at its greatest dimension as shown in diagram 8, it is less than 6.5 cm.

Diagram 8—Scallop (Family PECTINIDAE)

Part 3—Other fish

10—Gummy Shark and School Shark

  1. Gummy Shark or School Shark is undersize if its length is less than 45 cm.

  2. In this clause—

    length, in relation to a shark, means the partial length of the shark from the fifth gill slit to the base of the tail, measured in a straight line from the middle of the posterior edge of the gill slit nearest the tail to the ventral insertion of the caudal fin, as shown in diagram 9 or 10.

Diagram 9—Gummy Shark (Mustelus antarcticus)

Diagram 10—School Shark (Galeorhinus galeus)

11—Mulloway

  1. Mulloway is undersize if its length, when measured as shown in diagram 11, is—

    (a)in the case of mulloway taken in Coorong (area 1) or Coorong (area 2)—less than 46 cm; or

    (b)in any other case—less than 82 cm.

  2. In subclause (1)—

    length, in relation to mulloway, means the distance from the foremost part of the head to the end of the tail.

Diagram 11—Mulloway (Argyrosomus hololepidotus)

12—Southern Garfish

Southern Garfish (Hyporhamphus melanochir) is undersize if its length, when measured as shown in diagram 12, is less than 23 cm from the foremost part of the upper jaw to the end of the tail fin.

Diagram 12—Southern Garfish (Hyporhamphus melanochir)

13—King George Whiting

  1. King George Whiting (Syllaginodes punctatus) is undersize if—

    (a)in the case of King George Whiting taken in waters of the State east of the meridian of longitude 136° East, or in waters of Spencer Gulf west of that meridian—its length is less than 32 cm; or

    (b)in any other case—its length is less than 30 cm.

  2. In subclause (1)—

    length, in relation to King George Whiting, means the distance measured, as shown in diagram 13, from the foremost part of the head to the end of the tail.

Diagram 13—King George Whiting (Syllaginodes punctatus)

14—Other classes of fish

A fish of a class specified in column 1 of the table below is undersize if that fish is, when measured from the foremost part of the head to the end of the tail as shown in diagram 14, is less than the length (in cm) shown in column 2 of the table immediately alongside of the class so specified.

Diagram 14—Other fish

Column 1

Class of fish

Column 2

Length (cm)

Bream (Acanthopagrus spp)

30

Flathead (Platycephalus spp.)

30

Flounder (Family Pleuronectidae)(Family Bothidae)

25

Western Blue Groper (Achoerodus gouldii)

60

Yellowtail Kingfish (Seriola lalandi)

60

Blue Morwong (Nemadactylus valenciennesi)

38

Mullet (Family Mugilidae)

21

Murray Cod (Maccullochella peeli)

60

Redfish (Centroberyx affinis)

30

Bight Redfish (Centroberyx gerrardi )

30

Golden Perch (Macquaria ambigua)

33

Lake Eyre Perch (Macquaria spp)

33

Silver Perch (Bidyanus bidyanus)

33

Western Australian Salmon (Arripis truttaceus)

21

Samsonfish (Seriola hippos)

88

Snapper (Pagrus auratus)

38

Snook (Sphyraena novaehollandiae)—

    (a)    if taken by a licensed person

41

    (b)    if taken by an unlicensed person

45

Swallowtail (Centroberyx lineatus)

30

Sweep (Family Scorpididae)

24

Trevally (Pseudocaranx spp)

24

Brown Trout (Salmo trutta)

28

Rainbow Trout (Oncorhynchus mykiss)

28

Yellowfin Whiting (Sillago schomburgkii)

24

Schedule 3—Commercial quantities

(Regulation 4)

Column 1

Class of fish

Column 2

Quantity

Crustaceans

Blue Swimmer Crab (Portunus pelagicus)

more than 100

Sand Crab (Ovalipes spp)

more than 100

Southern Rocklobster (Jasus edwardsii)

more than 15

Molluscs

Abalone (Haliotis spp.)

more than 25

Southern Calamari (Sepioteuthis australis)

more than 40

Razorfish (Pinna bicolor)

more than 125

Scalefish

Flounder (Family Bothidae or Pleuronectidae)

more than 50

Southern Garfish (Hyporhamphus melanochir)

more than 200

Western Blue Groper (Achoerodus gouldii)

more than 5

Mulloway (Argyrosomus hololepidotus)—

    (a)    75 cm or more in length

more than 10

    (b)    less than 75 cm in length

more than 25

Western Australian Salmon (Arripis truttaceus) more than 35 cm in length

more than 40

Snapper (Pagrus auratus)—

    (a)    less than 60 cm in length

more than 40

    (b)    60 cm or more in length

more than 5

Snook (Sphyraena novaehollandiae)

more than 65

King George Whiting (Sillaginodes punctatus)

more than 75

Yellowfin Whiting (Sillago schombergkii)

more than 65

Schedule 4—Corresponding laws

(Regulation 5)

Fisheries Act of the Northern Territory

Fisheries Act 1994 of Queensland

Fisheries Act 1995 of Victoria

Fisheries Act 2000 of the Australian Capital Territory

Fisheries Management Act 1994 of New South Wales

Fish Resources Management Act 1994 of Western Australia

Living Marine Resources Management Act 1995 of Tasmania

Schedule 5—Protected species

(Regulation 6)

Crustaceans of the following classes carrying external eggs:

Bug (Ibacus spp)

Blue Swimmer Crab (Portunus pelagicus)

Giant Crab (Pseudocarcinus gigas)

Slipper Lobster (Scyllarides spp)

Southern Rocklobster (Jasus edwardsii)

Yabby (Cherax spp)

Murray River Crayfish (Euastacus armatus)

South‑east Crayfish (Euastacus bispinosa)

Western Blue Groper (Achoerodus gouldii) in the waters of or near Spencer Gulf and Gulf St. Vincent contained within and bounded by a line commencing at Mean High Water Springs closest to 34°56′46.59″ South, 135°37′33.92″ East (Cape Carnot, Eyre Peninsula), then beginning north‑easterly following the line of Mean High Water Springs to the location closest to 35°38′33.80″ South, 138°31′20.83″ East (Newland Head, Fleurieu Peninsula), then south‑westerly to the location on Mean High Water Springs closest to 35°50′32.70″ South, 138°08′03.59″ East (Cape Willoughby, Kangaroo Island), then beginning north‑easterly following the line of Mean High Water Springs to the location closest to 35°53′11.31″ South, 136°32′03.88″ East (Vennachar Point, Kangaroo Island), then north‑westerly to the point of commencement.

Scalefish of the Family Syngnathidae

Scalefish of the Genus Ambassidae

Scalefish of any species of Mogurnda

Scalefish of any species of Nannoperca

Scalefish of the following species:

River Blackfish (Gadopsis marmoratus)

Cooper Creek Catfish (Neosiluroides cooperensis)

Freshwater Catfish (Tandanus tandanus)

Trout Cod (Maccullochella macquariensis)

Silver Perch (Bidyanus bidyanus)

White Shark (Carcharodon carcharias)

Schedule 6—Classes of fishing activities prescribed for purposes of section 70 of Act

(Regulation 7(a))

Part 1—Fishing activities not to be engaged in by licensed persons

Division 1—Use of certain devices

1—Use of mesh nets in Coorong

The taking of fish by a licensed person in Coorong (area 1), Coorong (area 2) or Coorong coastal waters by using a net other than—

(a)a small mesh monofilament net; or

(b)a large mesh monofilament net; or

(c)a small mesh multifilament hauling net; or

(d)a large mesh multifilament hauling net.

2—Use of large mesh monofilament net in Coorong (area 1) or (area 2)

The taking of fish by a licensed person in Coorong (area 1) or Coorong (area 2) by using a large mesh monofilament net otherwise than as a set net.

3—Use of certain nets in Coorong (area 1)

The taking of fish by a licensed person in Coorong (area 1) by using—

(a)a fish net during the period commencing on 25 December in any year and ending on the following 7 January; or

(b)a small mesh monofilament net as a set net or a small mesh multifilament hauling net during the period commencing on 1 November in any year and ending on the following 31 March.

4—Use of hauling nets in coastal waters during certain holiday periods

The taking of fish in coastal waters by a licensed person by using a hauling net during—

(a)the period commencing at 0100 hours on 23 December in any year and ending at midnight on 1 January in the following year; and

(b)the period commencing at 0100 hours on the Thursday preceding Easter Sunday in any year and ending at midnight on the following Monday; and

(c)the period commencing at 0100 hours on a Thursday in any year and ending at midnight on the following Sunday if the Friday in that period is a public holiday; and

(d)the period commencing at 0100 hours on a Friday in any year to midnight on the following Monday if that Monday is a public holiday.

5—Use of swinger net in coastal waters

The taking of fish by a licensed person by using a swinger net in coastal waters other than coastal waters between the Goolwa Beach Road and Kingston Jetty.

6—Use of certain devices in River Murray

The taking of fish by a licensed person in the waters of the River Murray proper by using a device other than a rod and line, hand line, shrimp trap, yabby pot, hoop net, drum net, set line or drop net.

7—Use of nets other than bait nets to take fish for bait

The taking of fish by a licensed person for the purpose of bait in the waters of the State by using a fish net other than a bait net.

8—Use of scallop dredge

The taking of Scallop (Family Pectinidae) by a licensed person in the waters of the State by using a scallop dredge.

Division 2—Use of more than permitted number of devices

9—Use of more than permitted number of devices to take fish in Lakes and Coorong

  1. The taking of fish of a class referred to in Schedule 1 of the Fisheries Management (Lakes and Coorong Fishery) Regulations 2006 by a licensed person for a commercial purpose—

    (a)by using, in the Lakes and Coorong—

    (i)2 or more hauling nets at the same time; or

    (ii)2 or more swinger nets at the same time; or

    (b)by using, in coastal marine waters of the Lakes and Coorong, 2 or more mesh nets at the same time.

  2. In subclause (1)—

    Lakes and Coorong means the waters of the Coorong, Lake Alexandrina, Lake Albert, and the coastal waters adjacent to South Australia between the location on Mean High Water Springs closest to 35°31′23.50″ South, 138°46′23.83″ East (Beach Road, Goolwa) and the location on Mean High Water Springs closest to 36°49′34.59″ South, 139°50′55.95″ East (Kingston SE Jetty).

Division 3—Use of devices of unlawful specifications

10—Use of drum net of unlawful specifications

The taking of fish by a licensed person in the waters of the State by using a drum net that—

(a)is not made of cotton or synthetic twine; or

(b)has more than 3 bands; or

(c)has a band the outside diameter of which exceeds 115 cm; or

(d)has a body that exceeds 2 m in length; or

(e)has a wing that exceeds 3 m in length; or

(f)has a body or wing not covered with cotton or synthetic mesh; or

(g)has a body covered with a mesh of less than 7.5 cm; or

(h)has a wing covered with cotton or synthetic mesh of less than 15 cm.

11—Use of gill net or mesh net of unlawful specifications in coastal waters

The taking of fish by a licensed person in coastal waters by using a gill net or mesh net that—

(a)exceeds 600 m in length; or

(b)exceeds 5 m in depth; or

(c)has a mesh of less than 5 cm; or

(d)has attached to it 1 or more ropes other than floating ropes; or

(e)has, except where used as a swinger net, attached to it 1 or more ropes the length or combined length of which exceeds 100 m.

12—Use of small multifilament mesh nets of unlawful specifications in Coorong

The taking of fish by a licensed person in Coorong (area 1), Coorong (area 2) or Coorong coastal waters by using a small mesh monofilament net—

(a)as a set net if—

(i)in the case of Coorong (area 1)—

(A)the length of the net, or, if the net is being used by the person together with other nets, the total length of the nets exceeds 500 m; or

(B)the depth of the net from the surface of the water exceeds 33 meshes of the net;

(ii)in the case of Coorong (area 2)—

(A)the length of the net exceeds 550 m; or

(B)the depth of the net from the surface of the water exceeds 50 meshes of the net;

(iii)in the case of Coorong coastal waters—

(A)the length of the net exceeds 600 m; or

(B)any part of the net extends more than 1 m below the surface of the water; or

(b)otherwise than as a set net if—

(i)the depth of the net from the surface of the water exceeds 50 meshes of the net; or

(ii)the length of the net exceeds 100 m; or

(iii)the net is not, at least once in every hour, physically examined and cleared of any fish.

13—Use of large multifilament mesh net of unlawful specifications as set net in Coorong

The taking of fish by a licensed person in Coorong (area 1), Coorong (area 2) or Coorong coastal waters by using a large mesh monofilament net as a set net if—

(a)the depth of the net exceeds 2 m; or

(b)in the case of—

(i)Coorong (area 1)—the length of the net, or, if the net is being used by the person together with other nets, the total length of the nets, exceeds 500 m;

(ii)Coorong (area 2)—the length of the net exceeds 550 m;

(iii)Coorong coastal waters—the length of the net exceeds 600 m.

14—Use of large mesh monofilament mesh net of unlawful specifications other than as set net in Coorong

The taking of fish by a licensed person in Coorong coastal waters by using a large mesh monofilament net other than as a set net if—

(a)the net has a mesh that does not exceed 120 mm; or

(b)the net consists of line with a minimum breaking strain of less than 9 kg; or

(c)the net has attached to it a rope or ropes the length or total length of which exceeds 600 m; or

(d)the length of the net exceeds 100 m.

15—Use of multifilament hauling net of unlawful specifications in Coorong

The taking of fish by a licensed person—

(a)by using, in Coorong (area 1), Coorong (area 2) or Coorong coastal waters, a small mesh multifilament hauling net that exceeds 400 m in length;

(b)by using, in Coorong (area 1), Coorong (area 2) or Coorong coastal waters, a small mesh multifilament hauling net to which is attached—

(i)a rope that exceeds 100 m in length; or

(ii)ropes the total length of which exceeds 100 m in length; or

(c)by using, in Coorong (area 1), a large mesh multifilament hauling net that exceeds 240 m in length; or

(d)by using, in Coorong (area 2), a large mesh multifilament hauling net that exceeds 400 m in length; or

(e)by using, in Coorong coastal waters, a large mesh multifilament hauling net that exceeds 600 m in length; or

(f)by using, in Coorong (area 1), Coorong (area 2) or Coorong coastal waters, a large mesh multifilament hauling net to which is attached—

(i)a rope which exceeds 50 m in length; or

(ii)ropes the total length of which exceeds 50 m in length; or

(g)by using, in Coorong (area 1), Coorong (area 2) or Coorong coastal waters, a large mesh multifilament hauling net being hauled by use of mechanical power.

16—Use of prawn trawl net of unlawful specifications in certain coastal waters

  1. The taking of prawn by a licensed person in coastal waters (other than Gulf St. Vincent) by using a prawn trawl net that has a mesh size of less than 45 mm (as measured from the middle of the knot).

  2. In subclause (1)—

    Gulf St. Vincent has the same meaning as in the Fisheries Management (Prawn Fisheries) Regulations 2006.

17—Use of crab net of unlawful specifications

The taking of Blue Swimmer Crabs by a licensed person in the waters of the State by using a crab net consisting of a net—

(a)attached at its opening to a hoop the diameter of which exceeds 150 cm; or

(b)any part of which extends from the hoop at its opening for more than 30 per cent of the diameter of the hoop; or

(c)having a mesh size at its base of less than 3 cm.

18—Use of rock lobster pot of unlawful specifications in Northern Zone

  1. The taking of rock lobster by a licensed person in the Northern Zone—

    (a)by using, in waters less than 100 m in depth, a rock lobster pot that is not fitted with a metal rod that is securely fastened to the centroid of the base of the pot and extends perpendicular to a height not less than level with the base of the neck of the pot; or

    (b)by using a rock lobster pot that does not comply with subclause (2); or

    (c)by using, at any 1 time, more than 3 rock lobster pots not fitted with 2 escape gaps that comply with subclause (3).

  2. A rock lobster pot must—

    (a)weigh not more than 40 kg; and

    (b)be not more than 61 cm high; and

    (c)be not more than 122 cm wide at its base; and

    (d)have its cove mouth at the top; and

    (e)be attached by a line to a buoy that complies with regulation 13.

  3. Escape gaps must—

    (a)be as near as practicable to 180° apart; and

    (b)be kept free of obstructions at all times; and

    (c)be not less than 5.7 cm high and 28 cm wide; and

    (d)be not more than 11 cm above the base of the pot at their highest point.

19—Use of rock lobster pot of unlawful specifications in Southern Zone

The taking of rock lobster by a licensed person in the Southern Zone by using a rock lobster pot that—

(a)exceeds 150 cm at its widest part; or

(b)exceeds 120 cm in height; or

(c)is not attached by a line to a buoy that complies with regulation 13; or

(d)does not have its cove or mouth at the top; or

(e)is not fitted with 2 rectangular escape gaps—

(i)that are on opposite sides; and

(ii)each of which is not less than 15 cm in length and 5.5 cm in depth; and

(iii)the highest point of each is no more than 11 cm above the base,

(provided that for the purposes of this paragraph, a rock lobster pot need not be fitted with escape gaps if its sides are covered with mesh of a size of not less than 5 cm which is such that a cylindrical rod 5 cm in diameter is able to be passed through it freely without distorting it).

20—Using fish trap of unlawful specifications to take leather jacket

The taking of Ocean Jacket (Nelusetta ayraudi) by a licensed person in the waters of the State deeper than 60 m by means of a fish trap unless the trap—

(a)is cylindrical, rectangular or square in shape; and

(b)is constructed of rigid steel rods not less than 8 mm in diameter; and

(c)is not, when calculated by measuring its outside dimensions, greater than 1 cubic m in volume; and

(d)does not have more than 2 openings each not exceeding 30 cm in length and 8 cm in width.

21—Use of fish trap of unlawful specifications in other circumstances

The taking of fish by a licensed person in the waters of the State by means of a fish trap (other than a crab pot or rock lobster pot) unless—

(a)the trap does not exceed 2 m at its greatest dimension; and

(b)each opening in the fish trap is either—

(i)rectangular; or

(ii)the shape of a funnel; and

(c)in the case of an opening in the fish trap that is rectangular, the opening—

(i)is not greater in size than 20 cm by 6 cm; and

(ii)has a rigid frame of steel rod not less than 1.25 cm in diameter; and

(d)in the case of an opening in a fish trap that is the shape of a funnel, the inner opening of the funnel is—

(i)rectangular; and

(ii)not greater in size than 20 cm by 6 cm; and

(iii)has a rigid frame of steel rod not less than 1.25 cm in diameter.

21A—Use of cockle rake of unlawful specifications

The taking of Pipi (Donax spp) by a licensed person in Coorong coastal waters by using a cockle rake that has a net with a mesh size of less than 43 mm.

Division 4—Use of devices with buoy or tag etc

22—Use of certain devices without buoy

The taking of fish by a licensed person in the waters of the State by using—

(a)a drop line that is not marked by a yellow buoy that complies with regulation 13; or

(b)a trot line that is not marked—

(i)at 1 end by a yellow buoy that complies with regulation 13; and

(ii)at the other end by 2 black buoys both of which comply with regulation 13; or

(c)a fish trap that does not have attached to it a buoy that—

(i)complies with regulation 13; and

(ii)is marked with a black stripe that is 5 cm wide and visible above the water.

23—Use of certain devices without tag

  1. The taking of fish by a licensed person in the waters of the State by using a device (other than a rod and line, hand line or other hand held device) that does not have—

    (a)in the case of a device required by these regulations to have a buoy or buoys attached to it—the person's fishery licence or permit number marked on the buoy or buoys or on a tag that complies with regulation 13 and is attached to the device;

    (b)in any other case—a tag attached to the device that complies with regulation 13 and bears the person's fishery licence or permit number.

  2. In this regulation—

    licensed person does not include the holder of a licence in respect of the River Fishery.

Division 5—Bag limits

24—Taking more than daily bag limit of Razorfish

The taking in any 1 day by a licensed person of more than 50 Razorfish (Pinna bicolor) in the waters of the State.

Division 6—Miscellaneous

25—Use of trawl nets and boats in Gulf St. Vincent Prawn Fishery

The taking of fish by a licensed person under a licence in respect of the Gulf St. Vincent Prawn Fishery in Gulf St. Vincent (as defined in the Fisheries Management (Prawn Fisheries) Regulations 2006)—

(a)by use of—

(i)a boat that has—

(A)an overall length exceeding 15.2 m; and

(B)a main engine the continuous brake power rating of which exceeds 224 kw; and

(ii)—

(A)a single trawl net with a headline length exceeding 27.43 m; or

(B)2 trawl nets set up as a double rig with a combined headline length exceeding 27.43 m; or

(C)3 trawl nets set up as a triple rig with a combined headline length exceeding 27.43 m; or

(D)a trawl net or trawl nets other than as a single, double or triple rig;

(b)by use of—

(i)a boat that has—

(A)an overall length exceeding 22 m; and

(B)a main engine the continuous brake power rating of which exceeds 336 kw; and

(ii)—

(A)a single trawl net with a headline length exceeding 29.26 m; or

(B)2 trawl nets set up as a double rig with a combined headline length exceeding 29.26 m; or

(C)3 trawl nets set up as a triple rig with a combined headline length exceeding 43.89 m; or

(D)a trawl net or trawl nets other than as a single, double or triple rig.

26—Use of trawl nets and boats in Spencer Gulf Prawn Fishery

The taking of fish by a licensed person under a licence in respect of the Spencer Gulf Prawn Fishery in Spencer Gulf (as defined in the Fisheries Management (Prawn Fisheries) Regulations 2006

(a)by use of a boat that has—

(i)an overall length exceeding 22 m; and

(ii)a main engine the continuous brake power of which exceeds 336 kw; or

(b)by use of a trawl net the length of the headline of which exceeds 29.26 m; or

(c)by use of more than 1 trawl net at any 1 time where the combined length of the headlines of all the nets exceeds 29.26 m; or

(d)a trawl net or trawl nets other than as a single or double rig.

27—Use of trawl nets and boats in West Coast Prawn Fishery

The taking of fish by a licensed person under a licence in respect of the West Coast Prawn Fishery in West Coast waters (as defined in the Fisheries Management (Prawn Fisheries) Regulations 2006)—

(a)by use of a boat that has—

(i)an overall length exceeding 22 m; and

(ii)a main engine the continuous brake power rating of which exceeds 336 kw; or

(b)by use of a trawl net the length of the headline of which exceeds 29.26 m; or

(c)by use of more than 1 trawl net at any 1 time where the combined length of the headlines of all the nets exceeds 29.26 m; or

(d)by use of a trawl net or trawl nets other than as a single or double rig.

28—Use of unattended long line

The taking of fish by a licensed person in the waters of the State by using a long line without attending the line.

29—Use of more than permitted number of hooks attached to line

The taking of fish by a licensed person in the waters of the State by using more than 400 hooks attached to a set line or set lines.

30—Taking of certain fish in River Murray

The taking by a licensed person in the waters of the River Murray of fish other than fish of a class prescribed by Schedule 1 of the Fisheries Management (River Fishery) Regulations 2006.

Schedule 9—Areas in which explosive devices must not be carried while diving

(Regulation 14)

  1. The waters of the River Murray and all other fresh water streams of the State, and the area of land within 100 m of those waters.

  2. The waters near Hindmarsh River contained within and bounded by a line at a radius of 200 m from the intersection of the outlet of the Hindmarsh River and Mean High Water Springs at the location closest to 35°32′36.97″ South, 138°37′53.56″ East, together with the waters of the Hindmarsh River.

  3. The waters near Inman River contained within and bounded by a line at a radius of 200 m from the intersection of the outlet of the Inman River and Mean High Water Springs at the location closest to 35°33′42.43″ South, 138°36′46.35″ East, together with the waters of the Inman River.

  4. The waters of Gulf St. Vincent contained within and bounded by a line commencing at the intersection of the southernmost breakwater at Outer Harbor with Mean High Water Springs at the location closest to 34°46′59.00″ South, 138°28′40.45″ East, then beginning south‑easterly following the line of Mean High Water Springs to the location closest to 35°07′52.63″ South, 138°28′11.09″ East, then south‑westerly to a line 600 m seaward of Mean High Water Springs closest to 35°07′56.15″ South, 138°27′47.30″ East, then beginning northerly following a line 600 m seaward of Mean High Water Springs to the southernmost breakwater at Outer Harbor closest to 34°47′10.42″ South, 138°28′21.35″ East, then north‑easterly following the breakwater to the point of commencement.

  5. The waters and adjacent foreshore areas within a distance of 100 m from any part of any jetty, landing or wharf which is not within any of the areas defined in clauses 1, 2 or 4 of this Schedule.

  6. The waters known as West Lakes and foreshore areas (including reserves for public use) adjacent to those waters.

  7. The waters of or near Boat Harbor, Second Valley, contained within and bounded by a line commencing at Mean High Water Springs closest to 35°30′34.72″ South, 138°12′54.84″ East, then south‑easterly to the location on Mean High Water Springs closest to 35°30′38.38″ South, 138°13′11.30″ East, then beginning south‑westerly following the line of Mean High Water Springs to the point of commencement.

Schedule 10—Expiation fees

(Regulation 30)

Clause of Schedule 6

Description of prescribed fishing activity constituting offence

Expiation fee

Part 1—Fishing activities not to be engaged in by licensed persons

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)

$100

2

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

$100

3

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

$200

4

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

$100

5

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

$100

6

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

$100

7

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

$300

8

Taking Scallop using scallop dredge (commercial)

$200

9(1)

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

$100

10

Taking fish using drum net of unlawful specifications (commercial)

$50

11

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

$200

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)

$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)

$100

13

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

$100

14

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

$100

15

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

$100

16(1)

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

$200

17

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

$100

18(1)

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

$100

19

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

$50

20

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

$50

21

Taking fish using fish trap of unlawful specifications (commercial)

$50

21A

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

$100

22

Taking fish using certain device without buoy (commercial)

$50

23

Taking fish using certain device without tag (commercial)

$50

24

Taking razorfish (bag limit) (commercial)—exceeding daily limit:

      •      by up to 20 razorfish

$50

      •      by more than 20 but not more than 40 razorfish

$100

      •      by more than 40 razorfish

$200

28

Taking fish using unattended long line (commercial)

$100

29

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

$200

30

Taking certain fish in River Murray (commercial)

$100

31

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

$300

32

Taking Blue Swimmer Crab in certain other waters (commercial)

$300

33

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

$300

34

Taking Vongole in certain waters (commercial)

$100

35

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

$200

36

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

$50

37

Taking fish in Lakes and Coorong by electrofishing (commercial)

$100

Part 2—Fishing activities not to be engaged in by unlicensed persons

38

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

$100

39

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

$100

40

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

$100

41

Taking fish using fish trap (recreational)

$100

42

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

$100

43

Taking fish in River Murray proper using more than permitted number of certain devices (recreational)

$100

44

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

$100

45

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

$100

46

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

$100

47

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

$100

48

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

$100

49

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

$100

50

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

$100

51

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

$100

52

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

$100

53

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

$50

54

Taking fish using device without tag (recreational)

$50

55

Taking fish using mesh net without tag (recreational)

$50

55A

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

$50

56

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

$50

57

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

$50

58

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

$50

59

Taking fish using shrimp trap or yabby pot without buoy or tag (recreational)

$50

60

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

$100

61

Taking fish (recreational non-charter boat fishing bag or boat 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

62

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

$300

62

Taking abalone (recreational non-charter boat fishing bag or boat 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

62

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

      •      by up to 5 Murray Cod

$100

      •      by more than 5 Murray Cod

$200

63(1)

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

      •      by up to 50 cockles or vongole

$50

      •      by more than 50 but not more than 100 cockles or vongole

$100

      •      by more than 100 cockles or vongole

$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

64

Taking fish (recreational charter boat fishing 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

65

Taking fish (recreational charter boat fishing 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

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

      •      by up to 100 cockles or vongole

$50

      •      by more than 100 but not more than 200 cockles or vongole

$100

      •      by more than 200 cockles or vongole

$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 Crabs

$100

      •      by more than 5 Giant Crabs

$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

67

Taking fish (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

68

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

$100

69

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

$100

70

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

$100

71

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

$100

Part 3—Fishing activities not to be engaged in by any person

72

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

$100

73

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

$100

76

Taking rock lobster using fish spear etc

$200

77

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

$50

78

Taking fish using more than permitted number of large mesh nets

$200

79

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

$50

80

Taking fish in inland waters using yabby pot of unlawful specifications

$50

81

Taking fish in Lake George using fish net of unlawful specifications

$200

83

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

$200

84

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

$100

85

Taking fish in certain Coorong waters using mesh net of unlawful specifications

$100

86

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

$100

87

Taking fish in Lakes Albert and Alexandrina using mesh net of unlawful specifications

$100

88

Taking fish using large mesh net of unlawful specifications

$200

89

Taking Salmon using purse seine net of unlawful specifications

$200

90

Taking fish using shrimp trap of unlawful specifications

$50

91

Taking fish using mesh net or set line without buoys

$50

92

Taking fish using fish net without buoys

$50

93

Taking fish in Lakes Albert and Alexandrina, Murray mouth or Coorong using fish net within certain distance of another fish net

$50

95

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

$200

96(1)

Taking of fish in certain inland waters

$200

98

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

$200

99

Taking fish in certain waters of Spencer Gulf using fish net

$200

100

Taking fish in certain waters of Coorong using fish net or set line

$100

101

Taking fish in Murray mouth using long line

$100

102

Taking fish in certain waters using mesh net as set net

$100

103

Taking fish in certain waters of Coorong using mesh net as set net on weekend

$100

104

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

$100

105(1) or (2)

Taking fish using certain device near artificial reef

$100

106

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

$100

107

Taking prawn by power hauling method

$200

108

Taking fish in Gulf St. Vincent or Spencer Gulf using large mesh net shot out in straight line

$50

109

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

$200

110

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

$100

113

Taking rock lobster by diving (bag 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

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

116

Taking molluscs in waters of West Lakes etc

$100

117

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

$315

118

Taking benthic marine organisms in certain waters

$300

120

Taking rock lobster in certain waters

$200

121

Taking fish near locks and weir of River Murray

$100

122

Taking fish during closed season in certain waters

      •      taking rock lobster

$200

      •      taking Pipi

$50

      •      taking Bream

$100

      •      taking Murray Cod

$200

      •      taking razorfish

$100

123

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

$100

124

Setting rock lobster pot in Southern Zone during closed season

$315

127

Taking cephalopod in False Bay, Spencer Gulf

$315

128

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

$315

129

Taking fish near Horseshoe Reef

$100

130

Taking fish in certain parts of Onkaparinga River

$100

Legislative history

Notes

•This version is comprised of the following:

Regulations 1.7.2017
Schedule 1 17.12.2009
Schedule 2 1.7.2017
Schedule 3 17.12.2009
Schedule 4 17.12.2009
Schedule 5 1.12.2016
Schedule 6 1.7.2017
Schedule 7 20.2.2017
Schedule 7A 28.2.2013
Schedule 8 1.7.2017
Schedule 9 20.2.2017
Schedule 10 1.7.2017

•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 of regulations

The Fisheries Management (General) Regulations 2007 were revoked by Sch 12 cl 1 of the Fisheries Management (General) Regulations 2017 on 15.1.2018.

Principal regulations and variations

Year No Reference Commencement
2007 289 Gazette 29.11.2007 p4546 1.12.2007:  r 2
2007 311 Gazette 13.12.2007 p4878 1.11.2008: r 2
2008 177 Gazette 26.6.2008 p2640 26.6.2008: r 2
2009 304 Gazette 17.12.2009 p6370 17.12.2009: r 2
2011 28 Gazette 7.4.2011 p988 7.4.2011: r 2
2012 212 Gazette 27.9.2012 p4532 27.9.2012: r 2
2013 20 Gazette 28.2.2013 p587 28.2.2013: r 2
2013 43 Gazette 23.5.2013 p2028 24.5.2013: r 2
2013 46 Gazette 30.5.2013 p2076 19.9.2013: r 2
2013 192 Gazette 1.8.2013 p3329 1.12.2013: r 2
2013 216 Gazette 29.8.2013 p3682 1.9.2013: r 2
2013 286 Gazette 19.12.2013 p4966 20.12.2013: r 2
2014 271 Gazette 13.11.2014 p6456 15.11.2014: r 2
2016 11 Gazette 11.2.2016 p454 11.2.2016: r 2
2016 37 Gazette 26.5.2016 p1904 31.5.2016: r 2
2016 54 Gazette 23.6.2016 p2137 1.7.2016: r 2
2016 235 Gazette 6.10.2016 p3961 6.2.2017: r 2
2016 242 Gazette 20.10.2016 p4074 20.2.2017: r 2
2016 248 Gazette 20.10.2016 p4086 20.2.2017: r 2
2016 256 Gazette 3.11.2016 p4337 1.12.2016: r 2
2016 297 Gazette 15.12.2016 p5068 1.7.2017: r 2

Provisions varied

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 26.6.2008
r 3
r 3(1)
Catfish deleted by 256/2016 r 4 1.12.2016
Charter Boat Fishery varied by 235/2016 r 4 6.2.2017
cockle inserted by 297/2016 r 4(1) 1.7.2017
Gulf St. Vincent inserted by 242/2016 r 4(1) 20.2.2017
large catfish deleted by 256/2016 r 4 1.12.2016
Miscellaneous Broodstock and Seedstock Fishery inserted by 192/2013 r 4(1) 1.12.2013
small catfish deleted by 256/2016 r 4 1.12.2016
Spencer Gulf inserted by 242/2016 r 4(2) 20.2.2017
undersize fish varied by 192/2013 r 4(2) 1.12.2013
vongole inserted by 297/2016 r 4(2) 1.7.2017
r 3(2) varied by 28/2011 r 4(1) 7.4.2011
Notes deleted by 28/2011 r 4(2) 7.4.2011
r 8A inserted by 212/2012 r 4 27.9.2012
r 8B inserted by 256/2016 r 5 1.12.2016
r 10
r 10(3) substituted by 54/2016 r 4(1) 1.7.2016
r 10(4) varied by 54/2016 r 4(2) 1.7.2016
r 10(7) varied by 54/2016 r 4(3) 1.7.2016
r 10(8) varied by 54/2016 r 4(4) 1.7.2016
r 10(9) varied by 54/2016 r 4(5) 1.7.2016
r 10(10)
prescribed period deleted by 54/2016 r 4(6) 1.7.2016
registration period inserted by 54/2016 r 4(6) 1.7.2016
r 21 substituted by 37/2016 r 4 31.5.2016
r 21A inserted by 37/2016 r 4 31.5.2016
r 23
r 23(1a) inserted by 11/2016 r 4 11.2.2016
Sch 2
cl 5
cl 5(2) varied by 28/2011 r 5(1) 7.4.2011
substituted by 216/2013 r 4(1) 1.9.2013
cl 5(5)
abalone fishing area inserted by 216/2013 r 4(2) 1.9.2013
Area S deleted by 216/2013 r 4(2) 1.9.2013
cl 7 varied by 297/2016 r 5(1), (2) 1.7.2017
cl 7(1) and (2) inserted by 297/2016 r 5(1) 1.7.2017
cl 11
cl 11(1) varied by 256/2016 r 6(1) 1.12.2016
cl 13
cl 13(1) varied by 256/2016 r 6(2) 1.12.2016
cl 14 varied by 28/2011 r 5(2) 7.4.2011
varied by 256/2016 r 6(3)—(5) 1.12.2016
varied by 242/2016 r 5 20.2.2017
Sch 5 varied by 304/2009 r 4 17.12.2009
varied by 256/2016 r 7 1.12.2016
Sch 6
cl 4 varied by 242/2016 r 6(1) 20.2.2017
cl 16 substituted by 271/2014 r 4(1) 15.11.2014
cl 18
cl 18(1) substituted by 37/2016 r 5(1) 31.5.2016
cl 21A inserted by 311/2007 r 4 1.11.2008
cl 24 varied by 177/2008 r 4(1) 26.6.2008
cl 25 substituted by 271/2014 r 4(2) 15.11.2014
cl 26 varied by 28/2011 r 6(1) 7.4.2011
cl 27 varied by 28/2011 r 6(2) 7.4.2011
cl 31 varied by 248/2016 r 4(1) 20.2.2017
cl 34 heading varied by 297/2016 r 6(1) 1.7.2017
varied by 297/2016 r 6(2) 1.7.2017
cl 35 varied by 28/2011 r 6(3) 7.4.2011
cl 47 varied by 54/2016 r 5(1) 1.7.2016
cl 51 substituted by 54/2016 r 5(2) 1.7.2016
cl 53 substituted by 37/2016 r 5(2) 31.5.2016
cl 55 varied by 54/2016 r 5(3) 1.7.2016
cl 55A inserted by 54/2016 r 5(4) 1.7.2016
cl 61
cl 61(2) varied by 28/2011 r 6(4), (5) 7.4.2011
varied by 256/2016 r 8(1) 1.12.2016
cl 61(3) varied by 256/2016 r 8(2), (3) 1.12.2016
cl 61(4) varied by 256/2016 r 8(4)—(5) 1.12.2016
cl 63
cl 63(1) cl 63 varied by 304/2009 r 5(1), (2) 17.12.2009
cl 63 varied and redesignated as cl 63(1) by 256/2016 r 8(6), (7) 1.12.2016
varied by 297/2016 r 6(3) 1.7.2017
cl 63(2) inserted by 256/2016 r 8(7) 1.12.2016
cl 64
cl 64(2) varied by 28/2011 r 6(6), (7) 7.4.2011
varied by 256/2016 r 8(8), (9) 1.12.2016
cl 65
cl 65(4) varied by 177/2008 r 4(2), (3) 26.6.2008
varied by 28/2011 r 6(8) 7.4.2011
varied by 256/2016 r 8(10) 1.12.2016
varied by 297/2016 r 6(4) 1.7.2017
cl 65(6) deleted by 256/2016 r 8(11) 1.12.2016
cl 66
cl 66(4) varied by 304/2009 r 5(3) 17.12.2009
varied by 256/2016 r 8(12) 1.12.2016
varied by 297/2016 r 6(5) 1.7.2017
cl 66(4a) inserted by 256/2016 r 8(13) 1.12.2016
cl 67
cl 67(3) varied by 256/2016 r 8(14) 1.12.2016
cl 67(5) varied by 28/2011 r 6(9) 7.4.2011
deleted by 256/2016 r 8(15) 1.12.2016
cl 71 substituted by 54/2016 r 5(5) 1.7.2016
cl 75 deleted by 242/2016 r 6(2) 20.2.2017
cl 82 deleted by 242/2016 r 6(3) 20.2.2017
cl 83 substituted by 43/2013 r 4 24.5.2013
cl 94 deleted by 242/2016 r 6(4) 20.2.2017
cl 99 (c)(iii) deleted by 242/2016 r 6(5) 20.2.2017
cl 114 substituted by 256/2016 r 8(16) 1.12.2016
cl 115 deleted by 256/2016 r 8(16) 1.12.2016
cl 120 varied by 177/2008 r 4(4) 26.6.2008
cl 122 varied by 37/2016 r 5(3) 31.5.2016
cl 124 substituted by 37/2016 r 5(4) 31.5.2016
cl 127 inserted by 46/2013 r 4 19.9.2013
cl 128 inserted by 286/2013 r 4 20.12.2013
cll 129 and 130 inserted by 248/2016 r 4(2) 20.2.2017
Sch 7
Pt 1 varied by 54/2016 r 6 1.7.2016
varied by 242/2016 r 7 20.2.2017
varied by 248/2016 r 5 20.2.2017
Pt 2
 heading substituted by 177/2008 r 5 26.6.2008
Sch 7A inserted by 212/2012 r 5 27.9.2012
varied by 20/2013 r 4(1), (2) 28.2.2013
Sch 8 varied by 297/2016 r 7(1), (2) 1.7.2017
Sch 9
item 4 substituted by 248/2016 r 6 20.2.2017
Sch 10 varied by 177/2008 r 6(1), (2) 26.6.2008
varied by 311/2007 r 5 1.11.2008
varied by 304/2009 r 6(1)—(3) 17.12.2009
varied by 43/2013 r 5 24.5.2013
varied by 46/2013 r 5 19.9.2013
varied by 286/2013 r 5 20.12.2013
varied by 37/2016 r 6 31.5.2016
varied by 54/2016 r 7(1), (2) 1.7.2016
varied by 256/2016 r 9(1)—(3) 1.12.2016
varied by 242/2016 r 8(1)—(4) 20.2.2017
varied by 248/2016 r 7 20.2.2017
varied by 297/2016 r 8(1)—(5) 1.7.2017

Transitional etc provisions associated with regulations or variations

Fisheries Management (General) Variation Regulations 2016 (No 54 of 2016), Pt 3

8—Transitional provision

The registration of a mesh net in force under the Fisheries Management (General) Regulations 2007 immediately before the commencement of these regulations continues in force for the unexpired portion of the period for which the mesh net was registered.

Historical versions

26.6.2008
1.11.2008
17.12.2009
7.4.2011
27.9.2012
28.2.2013
24.5.2013
1.9.2013
19.9.2013
1.12.2013
20.12.2013
15.11.2014
11.2.2016
31.5.2016
1.7.2016
1.12.2016
6.2.2017
20.2.2017
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