Fisheries Management (Miscellaneous Fishery) (Quota) (No 2) Amendment Regulations 2022 (SA)
South Australia
Fisheries Management (Miscellaneous Fishery) (Quota) (No 2) Amendment Regulations 2022
under the Fisheries Management Act 2007
Contents
Part 1—Preliminary
1 Short title
2 Commencement
Part 2—Amendment of Fisheries Management (Miscellaneous Fishery) Regulations 2015
3 Amendment of regulation 9—Individual giant crab catch quota system—Northern Zone
4 Amendment of regulation 9A—Individual giant crab catch quota system—Southern Zone
Part 1—Preliminary
1—Short title
These regulations may be cited as the Fisheries Management (Miscellaneous Fishery) (Quota) (No 2) Amendment Regulations 2022.
2—Commencement
Subject to subregulation (2), these regulations come into operation on 1 October 2022.
(2)Regulation 3 comes into operation on 1 November 2022.
Part 2—Amendment of Fisheries Management (Miscellaneous Fishery) Regulations 2015
3—Amendment of regulation 9—Individual giant crab catch quota system—Northern Zone
Regulation 9(1)—before the definition of giant crab quota entitlement insert:
following quota period, in relation to a first quota period, the Northern Zone and the holder of a licence in respect of the fishery, means the next quota period during which giant crab may be taken by the holder of the licence in that Zone following the first quota period;
Regulation 9(4)(c), (d) and (e)—delete paragraphs (c), (d) and (e) and substitute:
(c)if the total catch of giant crab taken by the holder of a licence in respect of the fishery subject to a condition fixing a giant crab quota entitlement in respect of the Northern Zone during a quota period (the first quota period) (being a quota period that commenced on or after 1 November 2021) is less than the giant crab quota entitlement under the licence for that Zone and that quota period, the Minister may vary the conditions of the licence so as to increase the giant crab quota entitlement in respect of that Zone for the following quota period (the subsequent quota period) by 1 kilogram of giant crab for each kilogram by which the catch fell short of the giant 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;
(d)if the total catch of giant crab taken by the holder of a licence in respect of the fishery subject to a condition fixing a giant crab quota entitlement in respect of the Northern Zone during a quota period (the first quota period) (being a quota period that commences on or after 1 November 2022) exceeded the giant crab quota entitlement under the licence for that Zone and that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement in respect of that 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 giant 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 giant crab for each kilogram taken in excess of the quota entitlement.
Regulation 9—after subregulation (4) insert:
(4a)For the purposes of—
(a)subregulation (4)(c)(i) and (ii); and
(b)subregulation (4)(d)(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 (4)(c)(i) or (ii) must be disregarded.
(4b)A variation of a quota entitlement under subregulation (4)(c) or (d) must be expressed to apply only for the quota period during which the variation is made.
(4c)An application under subregulation (4)(a) or (b)(i) may not be made in respect of giant crab units allocated to the licence under subregulation (4)(c).
4—Amendment of regulation 9A—Individual giant crab catch quota system—Southern Zone
Regulation 9A(1)—before the definition of giant crab quota entitlement insert:
following quota period, in relation to a first quota period, the Southern Zone and the holder of a licence in respect of the fishery, means the next quota period during which giant crab may be taken by the holder of the licence in that Zone following the first quota period;
Regulation 9A(4)(c), (d) and (e)—delete paragraphs (c), (d) and (e) and substitute:
(c)if the total catch of giant crab taken by the holder of a licence in respect of the fishery subject to a condition fixing a giant crab quota entitlement in respect of the Southern Zone during a quota period (the first quota period) (being a quota period that commenced on or after 1 October 2021) is less than the giant crab quota entitlement under the licence for that Zone and that quota period, the Minister may vary the conditions of the licence so as to increase the giant crab quota entitlement in respect of that Zone for the following quota period (the subsequent quota period) by 1 kilogram of giant crab for each kilogram by which the catch fell short of the giant 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;
(d)if the total catch of giant crab taken by the holder of a licence in respect of the fishery subject to a condition fixing a giant crab quota entitlement in respect of the Southern Zone during a quota period (the first quota period) (being a quota period that commences on or after 1 October 2022) exceeded the giant crab quota entitlement under the licence for that Zone and that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement in respect of that 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 giant 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 giant crab for each kilogram taken in excess of the quota entitlement.
Regulation 9A—after subregulation (4) insert:
(4a)For the purposes of—
(a)subregulation (4)(c)(i) and (ii); and
(b)subregulation (4)(d)(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 (4)(c)(i) or (ii) must be disregarded.
(4b)A variation of a quota entitlement under subregulation (4)(c) or (d) must be expressed to apply only for the quota period during which the variation is made.
(4c)An application under subregulation (4)(a) or (b)(i) may not be made in respect of giant crab units allocated to the licence under subregulation (4)(c).
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's Deputy
with the advice and consent of the Executive Council
on 16 June 2022
No 42 of 2022
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