Fisheries Management (Marine Scalefish Fishery) (Quota) Amendment Regulations 2022 (SA)
South Australia
Fisheries Management (Marine Scalefish Fishery) (Quota) Amendment Regulations 2022
under the Fisheries Management Act 2007
Contents
Part 1—Preliminary
1 Short title
2 Commencement
Part 2—Amendment of Fisheries Management (Marine Scalefish Fishery) Regulations 2017
3 Substitution of regulation 11
11 Restriction on fishing activities in which registered masters other than licence holder may be engaged
4 Amendment of regulation 14—Individual King George whiting catch quota system
5 Amendment of regulation 15—Individual pipi catch quota system
6 Amendment of regulation 16—Individual blue crab catch quota system
7 Amendment of regulation 17—Individual snapper catch quota system
8 Amendment of regulation 17A—Individual southern calamari catch quota system
9 Amendment of regulation 17B—Individual southern garfish catch quota system
Schedule 1—Transitional provisions etc
1 Interpretation
2 Transitional provisions etc
Part 1—Preliminary
1—Short title
These regulations may be cited as the Fisheries Management (Marine Scalefish Fishery) (Quota) Amendment Regulations 2022.
2—Commencement
These regulations come into operation on 1 July 2022.
Part 2—Amendment of Fisheries Management (Marine Scalefish Fishery) Regulations 2017
3—Substitution of regulation 11
Regulation 11—delete the regulation and substitute:
11—Restriction on fishing activities in which registered masters other than licence holder may be engaged
If a person holds only 1 licence in respect of the fishery, a registered master other than the holder of the licence must not engage in fishing activities under the licence other than—
(a)in the case of a licence subject to a condition fixing a pipi quota entitlement—the taking of pipi under the licence; or
(b)in the case of a licence that authorises the use of ocean jacket traps or sand crab pots—fishing activities involving the use of those devices,
unless the person is acting in place of the holder of the licence with the consent of the Minister under section 53 of the Act.
Maximum penalty: $5 000.
Expiation fee: $315.
4—Amendment of regulation 14—Individual King George whiting catch quota system
Regulation 14(1)—before the definition of King George whiting quota entitlement insert:
following quota period, in relation to a first quota period and the holder of a licence in respect of the fishery, means the next quota period during which King George whiting may be taken by the holder of the licence following the first quota period;
initial allocation, in relation to the allocation of King George whiting units to a licence in respect of the fishery and a particular King George whiting fishing zone, means the allocation of King George whiting units to the licence made in respect of that zone on or before the commencement of the quota period 2021‑2022;
Regulation 14—after subregulation (4) insert:
(4a)The Minister may, after the commencement of a quota period, vary a determination under subregulation (4) to increase the value of a King George whiting unit in relation to a particular King George Whiting fishing zone.
Regulation 14(5)—after paragraph (a) insert:
(ab)the Minister may vary the conditions of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a King George whiting quota entitlement in respect of a particular King George whiting fishing zone to increase the unit entitlement under the licence in respect of that zone if the Minister determines that—
(i)exceptional circumstances (as referred to in subregulation (2)(c)) apply (or applied) to the holder of the licence in respect of the initial allocation of King George whiting units under the licence; and
(ii)the additional units should be allocated to take account of (or further take account of) those circumstances;
(ac)the Minister may vary the conditions of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a King George whiting quota entitlement in respect of a particular King George whiting fishing zone to increase the unit entitlement under the licence in respect of that zone for a specified quota period (or periods) to take account of—
(i)any additional units allocated to the licence by the Minister on the basis that exceptional circumstances apply (or applied) to the holder of the licence in respect of the initial allocation of King George whiting units under the licence; and
(ii)the fact that those additional units did not form part of the unit entitlement under the licence for the quota period 2021‑2022 and, if relevant, a subsequent quota period (or part of a subsequent quota period);
Regulation 14(5)(f) and (g)—delete paragraphs (f) and (g) and substitute:
(f)if the total catch of King George whiting taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a King George whiting quota entitlement in respect of a particular King George whiting fishing zone during a quota period (the first quota period) (being a quota period that commenced on or after 1 July 2021) is less than the King George whiting 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 King George whiting quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) by 1 kilogram of King George whiting for each kilogram by which the catch fell short of the King George whiting quota entitlement for the first quota period up to—
(i)—
(A)10% of the quota entitlement for the first quota period; or
(B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the subsequent quota period; or
(ii)if the Minister is satisfied that exceptional circumstances apply—
(A)a percentage that exceeds 10% of the quota entitlement for the first quota period; or
(B)such other greater kilogram amount of catch,
as is determined by the Minister on or before the commencement of the subsequent quota period;
(g)if the total catch of King George whiting taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a King George whiting quota entitlement in respect of a particular King George whiting fishing zone during a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the King George whiting quota entitlement under the licence for that fishing zone and that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) as follows:
(i)if the catch exceeded the quota entitlement by—
(A)an amount not exceeding 10% of the quota entitlement for the first quota period; or
(B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,
by 1 kilogram of King George whiting for each kilogram taken in excess of the quota entitlement; or
(ii)if the catch exceeded the quota entitlement by—
(A)an amount greater than 10% of the quota entitlement for the first quota period; or
(B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,
by 2 kilograms of King George whiting for each kilogram taken in excess of the quota entitlement.
Regulation 14—after subregulation (5) insert:
(5a)For the purposes of—
(a)subregulation (5)(f)(i) and (ii); and
(b)subregulation (5)(g)(i) and (ii),
any increase in the quota entitlement under a licence applying during a first quota period as a result of a variation of the quota entitlement under the licence previously made under subregulation (5)(f)(i) or (ii) must be disregarded.
(5b)A variation of a quota entitlement under subregulation (5)(f) or (g) must be expressed to apply only for the quota period during which the variation is made.
(5c)An application under subregulation (5)(b) or (c) may not be made in respect of King George whiting units allocated to the licence under subregulation (5)(f).
5—Amendment of regulation 15—Individual pipi catch quota system
Regulation 15(1)—before the definition of pipi quota entitlement insert:
following quota period, in relation to a first quota period and the holder of a licence in respect of the fishery, means the next quota period during which pipi may be taken by the holder of the licence following the first quota period;
Regulation 15(3)(c) and (d)—delete paragraphs (c) and (d) and substitute:
(c)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 a quota period (the first quota period) (being a quota period that commenced on or after 1 July 2021) 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 following quota period (the subsequent quota period) by 1 kilogram of pipi for each kilogram by which the catch fell short of the pipi quota entitlement for the first quota period up to—
(i)—
(A)10% of the quota entitlement for the first quota period; or
(B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the subsequent quota period; or
(ii)if the Minister is satisfied that exceptional circumstances apply—
(A)a percentage that exceeds 10% of the quota entitlement for the first quota period; or
(B)such other greater kilogram amount of catch,
as is determined by the Minister on or before the commencement of the subsequent quota period;
(d)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 a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the pipi quota entitlement under the licence for that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement for the following quota period (the subsequent quota period) as follows:
(i)if the catch exceeded the quota entitlement by—
(A)an amount not exceeding 10% of the quota entitlement for the first quota period; or
(B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,
by 1 kilogram of pipi for each kilogram taken in excess of the quota entitlement; or
(ii)if the catch exceeded the quota entitlement by—
(A)an amount greater than 10% of the quota entitlement for the first quota period; or
(B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,
by 2 kilograms of pipi for each kilogram taken in excess of the quota entitlement.
Regulation 15—after subregulation (3a) insert:
(3b)For the purposes of—
(a)subregulation (3)(c)(i) and (ii); and
(b)subregulation (3)(d)(i) and (ii),
the following must be disregarded:
(c)any increase in the quota entitlement under a licence applying during a first quota period as a result of a variation of the quota entitlement under the licence made under subregulation (3)(ba); or
(d)any increase in the quota entitlement under a licence applying during a first quota period as a result of a variation of the quota entitlement under the licence previously made under subregulation (3)(c)(i) or (ii).
.(3c)A variation of a quota entitlement under subregulation (3)(c) or (d) must be expressed to apply only for the quota period during which the variation is made.
(3d)An application under subregulation (3)(a) or (b)(i) may not be made in respect of pipi units allocated to the licence under subregulation (3)(c).
6—Amendment of regulation 16—Individual blue crab catch quota system
Regulation 16(1)—before the definition of quota period insert:
following quota period, in relation to a first quota period and the holder of a licence in respect of the fishery, means the next quota period during which blue crab may be taken by the holder of the licence following the first quota period;
Regulation 16(1), definitions of quota period 2019‑2020 and quota period 2020‑2021—delete the definitions
Regulation 16(3)(da) to (g)—delete paragraphs (da) to (g) (inclusive) and substitute:
(e)if the total catch of blue crab taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a blue crab quota entitlement in respect of a particular blue crab fishing zone during a quota period (the first quota period) (being a quota period that commenced on or after 1 July 2021) 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 following quota period (the subsequent quota period) by 1 kilogram of blue crab for each kilogram by which the catch fell short of the blue crab quota entitlement for the first quota period up to—
(i)—
(A)10% of the quota entitlement for the first quota period; or
(B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the subsequent quota period; or
(ii)if the Minister is satisfied that exceptional circumstances apply—
(A)a percentage that exceeds 10% of the quota entitlement for the first quota period; or
(B)such other greater kilogram amount of catch,
as is determined by the Minister on or before the commencement of the subsequent quota period;
(f)if the total catch of blue crab taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a blue crab quota entitlement in respect of a particular blue crab fishing zone during a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the blue crab quota entitlement under the licence for that fishing zone and that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) as follows:
(i)if the catch exceeded the quota entitlement by—
(A)an amount not exceeding 10% of the quota entitlement for the first quota period; or
(B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,
by 1 kilogram of blue crab for each kilogram taken in excess of the quota entitlement; or
(ii)if the catch exceeded the quota entitlement by—
(A)an amount greater than 10% of the quota entitlement for the first quota period; or
(B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,
by 2 kilograms of blue crab for each kilogram taken in excess of the quota entitlement.
Regulation 16—after subregulation (3) insert:
(3a)For the purposes of—
(a)subregulation (3)(e)(i) and (ii); and
(b)subregulation (3)(f)(i) and (ii),
any increase in the quota entitlement under a licence applying during a first quota period as a result of a variation of the quota entitlement under the licence previously made under subregulation (3)(e)(i) or (ii) must be disregarded.
(3b)A variation of a quota entitlement under subregulation (3)(e) or (f) must be expressed to apply only for the quota period during which the variation is made.
(3c)An application under subregulation (3)(a), (b) or (c)(i) may not be made in respect of blue crab units allocated to the licence under subregulation (3)(e).
7—Amendment of regulation 17—Individual snapper catch quota system
Regulation 17(1)—before the definition of quota period insert:
following quota period, in relation to a first quota period and the holder of a licence in respect of the fishery, means the next quota period during which snapper may be taken by the holder of the licence following the first quota period;
initial allocation, in relation to the allocation of snapper units to a licence in respect of the fishery and a particular snapper fishing zone, means the allocation of snapper units to the licence made in respect of that zone on or before the commencement of the quota period 2021‑2022;
Regulation 17—after subregulation (4) insert:
(4a)The Minister may, after the commencement of a quota period, vary a determination under subregulation (4) to increase the value of a snapper unit in relation to a particular snapper fishing zone.
Regulation 17(5)—after paragraph (a) insert:
(ab)the Minister may vary the conditions of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a snapper quota entitlement in respect of a particular snapper fishing zone to increase the unit entitlement under the licence in respect of that zone if the Minister determines that—
(i)exceptional circumstances (as referred to in subregulation (2)(c)) apply (or applied) to the holder of the licence in respect of the initial allocation of snapper units under the licence; and
(ii)the additional units should be allocated to take account of (or further take account of) those circumstances;
(ac)the Minister may vary the conditions of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a snapper quota entitlement in respect of a particular snapper fishing zone to increase the unit entitlement under the licence in respect of that zone for a specified quota period (or periods) to take account of—
(i)any additional units allocated to the licence by the Minister on the basis that exceptional circumstances apply (or applied) to the holder of the licence in respect of the initial allocation of snapper units under the licence; and
(ii)the fact that those additional units did not form part of the unit entitlement under the licence for the quota period 2021‑2022 and, if relevant, a subsequent quota period (or part of a subsequent quota period);
Regulation 17(5)(f) and (g)—delete paragraphs (f) and (g) and substitute:
(f)if the total catch of snapper taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a snapper quota entitlement in respect of a particular snapper fishing zone during a quota period (the first quota period) (being a quota period that commenced on or after 1 July 2021) is less than the snapper 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 snapper quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) by 1 kilogram of snapper for each kilogram by which the catch fell short of the snapper quota entitlement for the first quota period up to—
(i)—
(A)10% of the quota entitlement for the first quota period; or
(B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the subsequent quota period; or
(ii)if the Minister is satisfied that exceptional circumstances apply—
(A)a percentage that exceeds 10% of the quota entitlement for the first quota period; or
(B)such other greater kilogram amount of catch,
as is determined by the Minister on or before the commencement of the subsequent quota period;
(g)if the total catch of snapper taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a snapper quota entitlement in respect of a particular snapper fishing zone during a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the snapper quota entitlement under the licence for that fishing zone and that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) as follows:
(i)if the catch exceeded the quota entitlement by—
(A)an amount not exceeding 10% of the quota entitlement for the first quota period; or
(B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,
by 1 kilogram of snapper for each kilogram taken in excess of the quota entitlement; or
(ii)if the catch exceeded the quota entitlement by—
(A)an amount greater than 10% of the quota entitlement for the first quota period; or
(B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,
by 2 kilograms of snapper for each kilogram taken in excess of the quota entitlement.
Regulation 17—after subregulation (5) insert:
(5a)For the purposes of—
(a)subregulation (5)(f)(i) and (ii); and
(b)subregulation (5)(g)(i) and (ii),
any increase in the quota entitlement under a licence applying during a first quota period as a result of a variation of the quota entitlement under the licence previously made under subregulation (5)(f)(i) or (ii) must be disregarded.
(5b)A variation of a quota entitlement under subregulation (5)(f) or (g) must be expressed to apply only for the quota period during which the variation is made.
(5c)An application under subregulation (5)(b) or (c) may not be made in respect of snapper units allocated to the licence under subregulation (5)(f).
8—Amendment of regulation 17A—Individual southern calamari catch quota system
Regulation 17A(1)—before the definition of quota period insert:
following quota period, in relation to a first quota period and the holder of a licence in respect of the fishery, means the next quota period during which southern calamari may be taken by the holder of the licence following the first quota period;
initial allocation, in relation to the allocation of southern calamari units to a licence in respect of the fishery and a particular southern calamari fishing zone, means the allocation of southern calamari units to the licence made in respect of that zone on or before the commencement of the quota period 2021‑2022;
Regulation 17A—after subregulation (4) insert:
(4a)The Minister may, after the commencement of a quota period, vary a determination under subregulation (4) to increase the value of a southern calamari unit in relation to a particular southern calamari fishing zone.
Regulation 17A(5)—after paragraph (a) insert:
(ab)the Minister may vary the conditions of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern calamari quota entitlement in respect of a particular southern calamari fishing zone to increase the unit entitlement under the licence in respect of that zone if the Minister determines that—
(i)exceptional circumstances (as referred to in subregulation (2)(c)) apply (or applied) to the holder of the licence in respect of the initial allocation of southern calamari units under the licence; and
(ii)the additional units should be allocated to take account of (or further take account of) those circumstances;
(ac)the Minister may vary the conditions of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern calamari quota entitlement in respect of a particular southern calamari fishing zone to increase the unit entitlement under the licence in respect of that zone for a specified quota period (or periods) to take account of—
(i)any additional units allocated to the licence by the Minister on the basis that exceptional circumstances apply (or applied) to the holder of the licence in respect of the initial allocation of southern calamari units under the licence; and
(ii)the fact that those additional units did not form part of the unit entitlement under the licence for the quota period 2021‑2022 and, if relevant, a subsequent quota period (or part of a subsequent quota period);
Regulation 17A(5)(f) and (g)—delete paragraphs (f) and (g) and substitute:
(f)if the total catch of southern calamari taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern calamari quota entitlement in respect of a particular southern calamari fishing zone during a quota period (the first quota period) (being a quota period that commenced on or after 1 July 2021) is less than the southern calamari 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 southern calamari quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) by 1 kilogram of southern calamari for each kilogram by which the catch fell short of the southern calamari quota entitlement for the first quota period up to—
(i)—
(A)10% of the quota entitlement for the first quota period; or
(B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the subsequent quota period; or
(ii)if the Minister is satisfied that exceptional circumstances apply—
(A)a percentage that exceeds 10% of the quota entitlement for the first quota period; or
(B)such other greater kilogram amount of catch,
as is determined by the Minister on or before the commencement of the subsequent quota period;
(g)if the total catch of southern calamari taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern calamari quota entitlement in respect of a particular southern calamari fishing zone during a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the southern calamari quota entitlement under the licence for that fishing zone and that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) as follows:
(i)if the catch exceeded the quota entitlement by—
(A)an amount not exceeding 10% of the quota entitlement for the first quota period; or
(B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,
by 1 kilogram of southern calamari for each kilogram taken in excess of the quota entitlement; or
(ii)if the catch exceeded the quota entitlement by—
(A)an amount greater than 10% of the quota entitlement for the first quota period; or
(B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,
by 2 kilograms of southern calamari for each kilogram taken in excess of the quota entitlement.
Regulation 17A—after subregulation (5) insert:
(5a)For the purposes of—
(a)subregulation (5)(f)(i) and (ii); and
(b)subregulation (5)(g)(i) and (ii),
any increase in the quota entitlement under a licence applying during a first quota period as a result of a variation of the quota entitlement under the licence previously made under subregulation (5)(f)(i) or (ii) must be disregarded.
(5b)A variation of a quota entitlement under subregulation (5)(f) or (g) must be expressed to apply only for the quota period during which the variation is made.
(5c)An application under subregulation (5)(b) or (c) may not be made in respect of southern calamari units allocated to the licence under subregulation (5)(f).
9—Amendment of regulation 17B—Individual southern garfish catch quota system
Regulation 17B(1)—before the definition of quota period insert:
following quota period, in relation to a first quota period and the holder of a licence in respect of the fishery, means the next quota period during which southern garfish may be taken by the holder of the licence following the first quota period;
initial allocation, in relation to the allocation of southern garfish units to a licence in respect of the fishery and a particular southern garfish fishing zone, means the allocation of southern garfish units to the licence made in respect of that zone on or before the commencement of the quota period 2021‑2022;
Regulation 17B—after subregulation (4) insert:
(4a)The Minister may, after the commencement of a quota period, vary a determination under subregulation (4) to increase the value of a southern garfish unit in relation to a particular southern garfish fishing zone.
Regulation 17B(5)—after paragraph (a) insert:
(ab)the Minister may vary the conditions of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern garfish quota entitlement in respect of a particular southern garfish fishing zone to increase the unit entitlement under the licence in respect of that zone if the Minister determines that—
(i)exceptional circumstances (as referred to in subregulation (2)(c)) apply (or applied) to the holder of the licence in respect of the initial allocation of southern garfish units under the licence; and
(ii)the additional units should be allocated to take account of (or further take account of) those circumstances;
(ac)the Minister may vary the conditions of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern garfish quota entitlement in respect of a particular southern garfish fishing zone to increase the unit entitlement under the licence in respect of that zone for a specified quota period (or periods) to take account of—
(i)any additional units allocated to the licence by the Minister on the basis that exceptional circumstances apply (or applied) to the holder of the licence in respect of the initial allocation of southern garfish units under the licence; and
(ii)the fact that those additional units did not form part of the unit entitlement under the licence for the quota period 2021‑2022 and, if relevant, a subsequent quota period (or part of a subsequent quota period);
Regulation 17B(5)(f) and (g)—delete paragraphs (f) and (g) and substitute:
(f)if the total catch of southern garfish taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern garfish quota entitlement in respect of a particular southern garfish fishing zone during a quota period (the first quota period) (being a quota period that commenced on or after 1 July 2021) is less than the southern garfish 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 southern garfish quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) by 1 kilogram of southern garfish for each kilogram by which the catch fell short of the southern garfish quota entitlement for the first quota period up to—
(i)—
(A)10% of the quota entitlement for the first quota period; or
(B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the subsequent quota period; or
(ii)if the Minister is satisfied that exceptional circumstances apply—
(A)a percentage that exceeds 10% of the quota entitlement for the first quota period; or
(B)such other greater kilogram amount of catch,
as is determined by the Minister on or before the commencement of the subsequent quota period;
(g)if the total catch of southern garfish taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern garfish quota entitlement in respect of a particular southern garfish fishing zone during a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the southern garfish quota entitlement under the licence for that fishing zone and that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) as follows:
(i)if the catch exceeded the quota entitlement by—
(A)an amount not exceeding 10% of the quota entitlement for the first quota period; or
(B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,
by 1 kilogram of southern garfish for each kilogram taken in excess of the quota entitlement; or
(ii)if the catch exceeded the quota entitlement by—
(A)an amount greater than 10% of the quota entitlement for the first quota period; or
(B)such lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,
by 2 kilograms of southern garfish for each kilogram taken in excess of the quota entitlement.
Regulation 17B—after subregulation (5) insert:
(5a)For the purposes of—
(a)subregulation (5)(f)(i) and (ii); and
(b)subregulation (5)(g)(i) and (ii),
any increase in the quota entitlement under a licence applying during a first quota period as a result of a variation of the quota entitlement under the licence previously made under subregulation (5)(f)(i) or (ii) must be disregarded.
(5b)A variation of a quota entitlement under subregulation (5)(f) or (g) must be expressed to apply only for the quota period during which the variation is made.
(5c)An application under subregulation (5)(b) or (c) may not be made in respect of southern garfish units allocated to the licence under subregulation (5)(f).
Schedule 1—Transitional provisions etc
1—Interpretation
In this Schedule—
principal regulations means the Fisheries Management (Marine Scalefish Fishery) Regulations 2017;
relevant day means 1 July 2022.
2—Transitional provisions etc
If the total catch of King George whiting taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a King George whiting quota entitlement during the quota period that commenced on 1 July 2021 exceeded the quota entitlement under the licence for that quota period, then despite the deletion of regulation 14(5)(f) of the principal regulations by regulation 4(4) of these regulations, regulation 14(5)(f), as in force immediately before the relevant day, continues to apply to the licence such that the Minister may vary the conditions of the licence, in accordance with that regulation, in relation to the quota period commencing on 1 July 2022.
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 that commenced on 1 July 2021 exceeded the quota entitlement under the licence for that quota period, then despite the deletion of regulation 15(3)(c) of the principal regulations by regulation 5(2) of these regulations, regulation 15(3)(c), as in force immediately before the relevant day, continues to apply to the licence such that the Minister may vary the conditions of the licence, in accordance with that regulation, in relation to the quota period commencing on 1 July 2022.
If the total catch of blue crab taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a blue crab quota entitlement during the quota period that commenced on 1 July 2021 exceeded the quota entitlement under the licence for that quota period, then despite the deletion of regulation 16(3)(e) of the principal regulations by regulation 6(3) of these regulations, regulation 16(3)(e), as in force immediately before the relevant day, continues to apply to the licence such that the Minister may vary the conditions of the licence, in accordance with that regulation, in relation to the quota period commencing on 1 July 2022.
If the total catch of snapper taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a snapper quota entitlement during the quota period that commenced on 1 July 2021 exceeded the quota entitlement under the licence for that quota period, then despite the deletion of regulation 17(5)(f) of the principal regulations by regulation 7(4) of these regulations, regulation 17(5)(f), as in force immediately before the relevant day, continues to apply to the licence such that the Minister may vary the conditions of the licence, in accordance with that regulation, in relation to the quota period commencing on 1 July 2022.
If the total catch of southern calamari taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern calamari quota entitlement during the quota period that commenced on 1 July 2021 exceeded the quota entitlement under the licence for that quota period, then despite the deletion of regulation 17A(5)(f) of the principal regulations by regulation 8(4) of these regulations, regulation 17A(5)(f), as in force immediately before the relevant day, continues to apply to the licence such that the Minister may vary the conditions of the licence, in accordance with that regulation, in relation to the quota period commencing on 1 July 2022.
If the total catch of southern garfish taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern garfish quota entitlement during the quota period that commenced on 1 July 2021 exceeded the quota entitlement under the licence for that quota period, then despite the deletion of regulation 17B(5)(f) of the principal regulations by regulation 9(4) of these regulations, regulation 17B(5)(f), as in force immediately before the relevant day, continues to apply to the licence such that the Minister may vary the conditions of the licence, in accordance with that regulation, in relation to the quota period commencing on 1 July 2022.
Editorial note—
As required by section 10AA(2) of the Legislative Instruments 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 30 June 2022
No 51 of 2022
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