Fisheries Management (Prawn Fisheries) (Fishing Nights Entitlements) Amendment Regulations 2022 (SA)
South Australia
Fisheries Management (Prawn Fisheries) (Fishing Nights Entitlements) Amendment Regulations 2022
under the Fisheries Management Act 2007
Contents
Part 1—Preliminary
1 Short title
2 Commencement
Part 2—Amendment of Fisheries Management (Prawn Fisheries) Regulations 2017
3 Amendment of regulation 9—Individual fishing nights entitlement scheme—Gulf St. Vincent Prawn Fishery
Part 1—Preliminary
1—Short title
These regulations may be cited as the Fisheries Management (Prawn Fisheries) (Fishing Nights Entitlements) Amendment Regulations 2022.
2—Commencement
These regulations come into operation on 1 November 2022.
Part 2—Amendment of Fisheries Management (Prawn Fisheries) Regulations 2017
3—Amendment of regulation 9—Individual fishing nights entitlement scheme—Gulf St. Vincent Prawn Fishery
Regulation 9(1)—after the definition of fishing season insert:
following fishing season, in relation to a first fishing season and the holder of a licence in respect of the fishery, means the next fishing season during which aquatic resources may be taken by the holder of the licence following the first fishing season;
Regulation 9(1), definition of unit value—before "fishing season" insert:
prescribed period in a
Regulation 9(3)—delete subregulation (3) and substitute:
(3)The Minister may, for the purposes of this regulation—
(a)determine that fishing night units are to be of 2 or more classes; and
(b)determine, in respect of a particular class of fishing night units, the prescribed period or periods in a fishing season during which aquatic resources may be taken by holders of licences in respect of the fishery.
Regulation 9(4)—after paragraph (b) insert:
(c)if—
(i)fishing night units allocated to a licence in respect of the fishery are of a particular class that allows for the holder of the licence to take aquatic resources under the licence during both prescribed period 1 and prescribed period 2 in a fishing season; and
(ii)in respect of the fishing night units of that class—the total number of nights on which the holder of the licence in respect of the fishery took aquatic resources during a fishing season (the first fishing season) (being a fishing season that commenced on or after 1 November 2021) is less than the fishing nights entitlement under the licence for that fishing season in respect of fishing night units of that class, the Minister may vary the conditions of the licence so as to increase the fishing nights entitlement in respect of fishing night units of that class for the following fishing season (the subsequent fishing season) by 1 fishing night for every fishing night by which the number of nights fell short of the fishing nights entitlement for the first fishing season up to—
(A)—
•10% of the fishing nights entitlement in respect of the fishing night units of that class for the first fishing season; or
•such lower percentage of the fishing nights entitlement in respect of the fishing night units of that class for the first fishing season, or such other lower number of nights, as is determined by the Minister on or before the commencement of the subsequent fishing season; or
(B)if the Minister is satisfied that exceptional circumstances apply—
•a percentage that exceeds 10% of the fishing nights entitlement in respect of fishing night units of that class for the first fishing season; or
•such other greater number of fishing nights,
as is determined by the Minister on or before the commencement of the subsequent fishing season;
(d)if—
(i)fishing night units allocated to a licence in respect of the fishery are of a particular class that allows for the holder of the licence to take aquatic resources under the licence only during prescribed period 2 in a fishing season; and
(ii)in respect of the fishing night units of that class—the total number of nights on which the holder of the licence in respect of the fishery took aquatic resources during prescribed period 2 in a fishing season (the first fishing season) (being a fishing season that commenced on or after 1 November 2021) is less than the fishing nights entitlement under the licence for prescribed period 2 in that fishing season in respect of fishing night units of that class, the Minister may vary the conditions of the licence so as to increase the fishing nights entitlement in respect of fishing night units of that class for prescribed period 2 in the following fishing season (the subsequent fishing season) by 1 fishing night for every fishing night by which the number of nights fell short of the fishing nights entitlement for prescribed period 2 in the first fishing season up to—
(A)—
•10% of the fishing nights entitlement in respect of the fishing night units of that class for prescribed period 2 in the first fishing season; or
•such lower percentage of the fishing nights entitlement in respect of the fishing night units of that class for prescribed period 2 in the first fishing season, or such other lower number of nights, as is determined by the Minister on or before the commencement of the subsequent fishing season; or
(B)if the Minister is satisfied that exceptional circumstances apply—
•a percentage that exceeds 10% of the fishing nights entitlement in respect of fishing night units of that class for prescribed period 2 in the first fishing season; or
•such other greater number of fishing nights,
as is determined by the Minister on or before the commencement of the subsequent fishing season;
(e)if the total number of nights on which the holder of a licence in respect of the fishery took aquatic resources during prescribed period 1 in a fishing season (the first fishing season) (being a fishing season that commences on or after 1 November 2022) exceeded the fishing nights entitlement under the licence for that period and that fishing season, the conditions of the licence may be varied so as to decrease the fishing nights entitlement for prescribed period 1 in the following fishing season (the subsequent fishing season) as follows:
(i)if the number of fishing nights exceeded the fishing nights entitlement by—
(A)an amount not exceeding 10% of the fishing nights entitlement for prescribed period 1 in the first fishing season; or
(B)such lower percentage of the fishing nights entitlement for prescribed period 1 in the first fishing season, or such other lower number of nights, as is determined by the Minister on or before the commencement of the first fishing season,
by 1 fishing night for each fishing night by which the number of nights exceeded the fishing nights entitlement; or
(ii)if the number of fishing nights exceeded the fishing nights entitlement by—
(A)an amount greater than 10% of the fishing nights entitlement for prescribed period 1 in the first fishing season; or
(B)such lower percentage of the fishing nights entitlement for prescribed period 1 in the first fishing season, or such other lower number of nights, as is determined by the Minister on or before the commencement of the first fishing season,
by 2 fishing nights for each fishing night by which the number of nights exceeded the fishing nights entitlement;
(f)if the total number of nights on which the holder of a licence in respect of the fishery took aquatic resources during prescribed period 2 in a fishing season (the first fishing season) (being a fishing season that commences on or after 1 November 2022) exceeded the fishing nights entitlement under the licence for that period and that fishing season, the conditions of the licence may be varied so as to decrease the fishing nights entitlement for prescribed period 2 in the following fishing season (the subsequent fishing season) as follows:
(i)if the number of fishing nights exceeded the fishing nights entitlement by—
(A)an amount not exceeding 10% of the fishing nights entitlement for prescribed period 2 in the first fishing season; or
(B)such lower percentage of the fishing nights entitlement for prescribed period 2 in the first fishing season, or such other lower number of nights, as is determined by the Minister on or before the commencement of the first fishing season,
by 1 fishing night for each fishing night by which the number of nights exceeded the fishing nights entitlement; or
(ii)if the number of fishing nights exceeded the fishing nights entitlement by—
(A)an amount greater than 10% of the fishing nights entitlement for prescribed period 2 in the first fishing season; or
(B)such lower percentage of the fishing nights entitlement for prescribed period 2 in the first fishing season, or such other lower number of nights, as is determined by the Minister on or before the commencement of the first fishing season,
by 2 fishing nights for each fishing night by which the number of nights exceeded the fishing nights entitlement.
Regulation 9—after subregulation (4a) insert:
(4b)For the purposes of subregulation (4)(c)(ii)(A) and (B), the following must be disregarded:
(a)any increase in the fishing nights entitlement under a licence applying during a first fishing season as a result of a variation of the fishing nights entitlement under the licence made under subregulation (4)(ab);
(b)any increase in the fishing nights entitlement under a licence applying during a first fishing season as a result of a variation of the fishing nights entitlement under the licence previously made under subregulation (4)(c)(ii)(A) or (B).
(4c)For the purposes of subregulation (4)(d)(ii)(A) and (B) and subregulation (4)(f)(i) and (ii), the following must be disregarded:
(a)any increase in the fishing nights entitlement under a licence applying during prescribed period 2 in a first fishing season as a result of a variation of the fishing nights entitlement under the licence made under subregulation (4)(ab);
(b)any increase in the fishing nights entitlement under a licence applying during prescribed period 2 in a first fishing season as a result of a variation of the fishing nights entitlement under the licence previously made under subregulation (4)(d)(ii)(A) or (B).
(4d)For the purposes of subregulation (4)(e)(i) and (ii), any increase in the fishing nights entitlement under a licence applying during a first fishing season as a result of a variation of the fishing nights entitlement under the licence previously made under subregulation (4)(c)(ii)(A) or (B) must be disregarded.
(4e)A variation of a fishing nights entitlement under subregulation (4)(c), (d), (e) or (f) must be expressed to apply only for the fishing season during which the variation is made.
(4f)An application under subregulation (4)(a) may not be made in respect of fishing night units allocated to the licence under subregulation (4)(c) or (4)(d).
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 1 September 2022
No 75 of 2022
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