Fisheries Management (Marine Scalefish Fisheries) (Quota) Variation Regulations 2020 (SA)

South Australia

Fisheries Management (Marine Scalefish Fisheries) (Quota) Variation Regulations 2020

under the Fisheries Management Act 2007

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Fisheries Management (Marine Scalefish Fisheries) Regulations 2017

4            Variation of regulation 14—Individual vongole catch quota system

5            Variation of regulation 15—Individual pipi catch quota system

6            Variation of regulation 16—Individual blue crab catch quota system

Part 1—Preliminary

1—Short title

These regulations may be cited as the Fisheries Management (Marine Scalefish Fisheries) (Quota) Variation Regulations 2020.

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 (Marine Scalefish Fisheries) Regulations 2017

4—Variation of regulation 14—Individual vongole catch quota system

1. Regulation 14(1)—after the definition of quota period insert:

   quota period 2019‑2020 means the quota period that ended on 30 June 2020;

   quota period 2020‑2021 means the quota period ending on 30 June 2021;

   quota period 2021‑2022 means the quota period ending on 30 June 2022;

2. Regulation 14(3)—after paragraph (d) insert:

   (da)if the total catch of vongole taken by the holder of a licence in respect of a marine scalefish fishery subject to a condition fixing a vongole quota entitlement in respect of a particular vongole fishing zone during the quota period 2019‑2020 is less than the vongole quota entitlement under the licence for that fishing zone and that quota period, the Minister may vary the conditions of the licence so as to increase the vongole quota entitlement in respect of that fishing zone for the quota periods 2020‑2021 and 2021‑2022 by up to 1 kilogram of vongole for each kilogram by which the catch fell short of the vongole quota entitlement for the quota period 2019‑2020;

3. Regulation 14—after subregulation (3) insert:

   (3a)In determining whether to vary the conditions of a licence under subregulation (3)(da) so as to increase the vongole quota entitlement under the licence for a particular vongole fishing zone and the quota period 2021‑2022, the Minister must take into account—

   (a)the total catch of vongole taken by the holder of the licence in that fishing zone during the quota period 2020‑2021; and

   (b)any increase in the vongole quota entitlement under the licence in respect of that fishing zone for the quota period 2020‑2021.

5—Variation of regulation 15—Individual pipi catch quota system

1. Regulation 15(1)—after the definition of quota period insert:

   quota period 2019‑2020 means the quota period that ended on 30 June 2020;

   quota period 2020‑2021 means the quota period ending on 30 June 2021;

   quota period 2021‑2022 means the quota period ending on 30 June 2022;

2. Regulation 15(3)—after paragraph (b) insert:

   (ba)if the total catch of pipi taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a pipi quota entitlement during the quota period 2019‑2020 is less than the pipi quota entitlement under the licence for that quota period, the Minister may vary the conditions of the licence so as to increase the pipi quota entitlement for the quota periods 2020‑2021 and 2021‑2022 by up to 1 kilogram of pipi for each kilogram by which the catch fell short of the pipi quota entitlement for the quota period 2019‑2020;

3. Regulation 15—after subregulation (3) insert:

   (3a)In determining whether to vary the conditions of a licence under subregulation (3)(ba) so as to increase the pipi quota entitlement under the licence for the quota period 2021‑2022, the Minister must take into account—

   (a)the total catch of pipi taken by the holder of the licence during the quota period 2020‑2021; and

   (b)any increase in the pipi quota entitlement under the licence for the quota period 2020‑2021.

6—Variation of regulation 16—Individual blue crab catch quota system

1. Regulation 16(1)—after the definition of quota period insert:

   quota period 2019‑2020 means the quota period that ended on 30 June 2020;

   quota period 2020‑2021 means the quota period ending on 30 June 2021;

2. Regulation 16(3)—after paragraph (d) insert:

   (da)if the total blue crab catch taken by the holder of a licence in respect of a marine scalefish fishery subject to a condition fixing a blue crab quota entitlement in respect of a particular blue crab fishing zone during the quota period 2019‑2020 is less than the blue crab quota entitlement under the licence for that fishing zone and that quota period, the Minister may vary the conditions of the licence so as to increase the blue crab quota entitlement in respect of that fishing zone for the quota period 2020‑2021 by up to 1 kilogram of blue crab for each kilogram by which the catch fell short of the blue crab quota entitlement for the quota period 2019‑2020;

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 27 August 2020

No 260 of 2020