Fisheries Management (General) Variation Regulations 2019 (SA)
South Australia
Fisheries Management (General) Variation Regulations 2019
under the Fisheries Management Act 2007
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Fisheries Management (General) Regulations 2017
4 Variation of regulation 3—Interpretation
5 Variation of Schedule 6—Classes of fishing activities prescribed for purposes of section 70 of Act
6 Variation of Schedule 11—Expiation fees
Part 1—Preliminary
1—Short title
These regulations may be cited as the Fisheries Management (General) Variation Regulations 2019.
2—Commencement
These regulations come into operation on the day on which they are made.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Fisheries Management (General) Regulations 2017
4—Variation of regulation 3—Interpretation
Regulation 3(1)—after the definition of bait net insert:
Bight Redfish means Centroberyx gerrardi;
Regulation 3(1)—after the definition of yabby pot insert:
Yelloweye Redfish means Centroberyx australis;
5—Variation of Schedule 6—Classes of fishing activities prescribed for purposes of section 70 of Act
Schedule 6, clause 63(3)(e)—delete "Whale" and substitute:
Whaler
Schedule 6, clause 63(4)(e)—delete "Whale" and substitute:
Whaler
Schedule 6, clauses 66 to 69—delete clauses 66 to 69 (inclusive) and substitute:
66—Recreational charter boat fishing daily bag and trip limits
(1)The taking by an unlicensed person in any 1 day, in the waters specified in column 1 of the table below, from a boat being used under a licence in respect of the Charter Boat Fishery, of more fish of the class specified in column 2 than the quantity specified in column 3.
(2)The taking by an unlicensed person, in the waters specified in column 1 of the table below, of fish of the class specified in column 2, from a boat being used under a licence in respect of the Charter Boat Fishery, being a boat from which a quantity equal to 3 times the quantity specified in column 3 has already been taken by unlicensed persons during the same trip (being a trip lasting more than 3 days).
Table—Recreational charter boat fishing daily bag limits
Column 1
Waters
Column 2
Class of fish
Column 3
Maximum quantity per person per day
Crustaceans
The waters of the State
Giant Crab (Pseudocarcinus gigas)
2
The waters of the State
Blue Swimmer Crab (Portunus armatus)
20
The waters of the State
Sand Crab (Ovalipes spp)
20
The waters of the State
Southern Rock Lobster (Jasus edwardsii)
2
Echinoderms
The waters of the State
Sea Urchin (Echinoidea)
20
Molluscs
The waters of the State
Blacklip Abalone (Haliotis spp)
3
The waters of the State
Greenlip Abalone (Haliotis spp)
3
The waters of the State
Southern Calamari (Sepioteuthis australis)
8
The waters of the State
Cockle (Veneroida other than Pipi)
150
The waters of the State
Cuttlefish (Sepia spp)
8
The waters of the State east of 136°E
Pipi (Donax spp)
300
The waters of the State west of 136°E
Pipi (Donax spp)
100
The waters of the State
Razorfish (Pinna bicolor)
13
The waters of the State
Scallop (Pectinidae)
50
The waters of the State
Vongole (Katelysia spp)
150
Scalefish
The waters of the State
Albacore (Thunnus alalunga)
1
The waters of the State
Barracouta (Thyrsites atun)
5
The waters of the State
Bream (Acanthopagrus spp)
5
The waters of the State
Congolli (Pseudaphritis urvillii)
2
The waters of the State
Flathead (Platycephalus spp)
5
The waters of the State
Flounder (Bothidae or Pleuronectidae)
10
The waters of the State
Southern Garfish (Hyporhamphus melanochir)
30
The waters of the State
Gemfish (Rexea solandri)
5
The waters of the State (other than those waters specified in Schedule 5)
Western Blue Groper (Achoerodus gouldii)
1
The waters of the State
Harlequin Fish (Othos dentex)
2
The waters of the State
Australian Herring (Arripis georgianus)
40
The waters of the State
Yellowtail Kingfish (Seriola lalandi)
1
The waters of the State
Large Snapper (Chrysophrys auratus)
1
The waters of the State
Small Snapper (Chrysophrys auratus)
3
The waters of the State
Blue Morwong (Nemadactylus valenciennesi)
3
The waters of the State
Jackass Morwong (Nemadactylus macropterus)
5
The waters of the State
Mullet (Mugilidae)
30
The waters of the State other than Coorong (area 1) or Coorong (area 2)
Mulloway (Argyrosomus japonicus)
1
The waters of the State
Bight Redfish (Centroberyx gerrardi)
5
The waters of the State
Yelloweye Redfish (Centroberyx australis)
5
The waters of the State
Large Salmon (Arripis truttaceus)
5
The waters of the State
Small Salmon (Arripis truttaceus)
10
The waters of the State
Samsonfish (Seriola hippos)
1
The waters of the State
Snook (Sphyraena novaehollandiae)
10
The waters of the State
Swallowtail (Centroberyx lineatus)
5
The waters of the State
Sweep (Genus Scorpis)
10
The waters of the State
Trevally (Pseudocaranx spp)
10
The waters of the State
Eastern School Whiting (Sillago flindersi)
10
The waters of the State
King George Whiting (Sillaginodes punctatus)
10
The waters of the State
Yellowfin Whiting (Sillago schomburgkii)
10
The waters of the State
Wrasse (Labridae) (other than Western Blue Groper)
5
Shark
The waters of the State
Bronze Whaler Shark (Carcharhinus brachyurus)
1
The waters of the State
Dusky Shark (Carcharhinus obscurus)
1
The waters of the State
Gummy Shark (Mustelus antarcticus)
1
The waters of the State
School Shark (Galeorhinus galeus)
1
67—Recreational charter boat fishing daily bag (combination) limits
The taking by an unlicensed person, in the waters of the State, from a boat being used under a licence in respect of the Charter Boat Fishery—
(a)of Southern Calamari or Cuttlefish if the person has already taken 8 Southern Calamari and Cuttlefish in combination on the same day; or
(b)of Cockle (Veneroida other than Pipi) or Vongole (Katelysia spp) if the person has already taken 150 cockles (being a combination of Cockle (Veneroida other than Pipi) and Vongole) on the same day;
(c)crab (being Blue Swimmer Crab or Sand Crab) if the person has already taken 20 crab (being a combination of Blue Swimmer Crab and Sand Crab) on the same day; or
(d)of redfish (being Yelloweye Redfish or Bight Redfish) if the person has already taken 5 redfish (being a combination of Yelloweye Redfish and Bight Redfish) on the same day;
(e)of shark (being Gummy Shark or School Shark) if the person has already taken 1 shark (being Gummy Shark or School Shark) on the same day; or
(f)of shark (being Bronze Whaler Shark or Dusky Shark) if the person has already taken 1 shark (being Bronze Whaler Shark or Dusky Shark) on the same day.
68—Recreational charter boat fishing daily boat and bag limits
(1)The taking by an unlicensed person in any 1 day, in the waters specified in column 1 of the table below, from a boat being used under a licence in respect of the Charter Boat Fishery that is carrying not more than 3 passengers, of more fish of the class specified in column 2 than the quantity specified in column 3.
(2)The taking by an unlicensed person in any 1 day, in the waters specified in column 1 of the table below, of fish of the class specified in column 2, from a boat being used under a licence in respect of the Charter Boat Fishery that is carrying more than 3 passengers, being a boat from which the quantity of fish specified in column 4 has already been taken by unlicensed persons on the same day.
(3)The taking by an unlicensed person, in the waters specified in column 1 of the table below, of fish of the class specified in column 2 from a boat from being used under a licence in respect of the Charter Boat Fishery from which the quantity specified in column 4 has already been taken by unlicensed persons during the same trip (being a trip lasting more than 3 days).
Table—Recreational charter boat fishing daily boat and bag limits
Column 1
Waters
Column 2
Class of fish
Column 3
Maximum quantity per person per day (charter boat carrying not more than 3 passengers)
Column 4
Maximum quantity per boat per day (charter boat carrying more than 3 passengers)
Scalefish
The waters of the State
Rock Ling (Genypterus tigerinus)
3
18
The waters of the State
Southern Bluefin Tuna (Thunnus maccoyii)
2
6
The waters of the State
Blue Warehou (Seriolella brama)
10
30
The waters of the State
Silver Warehou (Seriolella punctata)
10
30
6—Variation of Schedule 11—Expiation fees
Schedule 11, table—delete the items relating to clauses 66 to 69 (inclusive) and substitute:
66
Taking Abalone (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 5 Abalone
$50
• by more than 5 but not more than 10 Abalone
$100
• by more than 10 Abalone
$200
66
Taking Cockle 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 Gummy Shark (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 5 Gummy Shark
$100
• by more than 5 Gummy Shark
$200
66
Taking School Shark (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 5 School Shark
$100
• by more than 5 School Shark
$200
66
Taking Snapper (recreational charter boat fishing bag or trip limit)—exceeding limit:
• by up to 5 Snapper
$100
• by more than 5 Snapper
$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, Vongole, Congolli, Giant Crab, Harlequin fish, Western Blue Groper, Yellowtail Kingfish, Pipi, Rock Lobster, Samsonfish, Bronze Whaler Shark, Dusky Shark, Gummy Shark, School Shark, Snapper or Wrasse) (recreational charter boat fishing bag 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 combination bag 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 (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
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 26 April 2019
No 34 of 2019
MPI19/0006 CS
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