Fisheries Management (Rock Lobster Fisheries) (Marine Scalefish Fishery Reform) Variation Regulations 2021 (SA)
South Australia
Fisheries Management (Rock Lobster Fisheries) (Marine Scalefish Fishery Reform) Variation Regulations 2021
under the Fisheries Management Act 2007
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Fisheries Management (Rock Lobster Fisheries) Regulations 2017
4 Variation of regulation 3—Interpretation
5 Variation of regulation 4—Constitution of fisheries
6 Revocation of regulation 13
7 Insertion of regulations 17A to 17E
17A Individual King George whiting catch quota system
17B Individual snapper catch quota system
17C Individual southern calamari catch quota system
17D Individual southern garfish catch quota system
17E Restrictions on taking King George whiting, snapper, southern calamari and southern garfish
8 Variation of regulation 18—Restriction on taking of vongole and cockles
9 Variation of regulation 21—Information to be provided—taking King George whiting
10 Insertion of regulations 21A to 21C
21A Information to be provided—taking snapper
21B Information to be provided—taking southern calamari
21C Information to be provided—taking southern garfish
11 Substitution of regulation 25
25 Catch and disposal requirements—King George whiting
25A Catch and disposal requirements—snapper
25B Catch and disposal requirements—southern calamari
25C Catch and disposal requirements—southern garfish
12 Substitution of regulation 26
26 King George whiting, snapper, southern calamari and southern garfish to be delivered or consigned to registered fish processor
13 Variation of regulation 31—Minister's determinations
14 Variation of Schedule 1—Aquatic resources prescribed for rock lobster fisheries
Part 1—Preliminary
1—Short title
These regulations may be cited as the Fisheries Management (Rock Lobster Fisheries) (Marine Scalefish Fishery Reform) Variation Regulations 2021.
2—Commencement
These regulations come into operation on 1 July 2021.
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 (Rock Lobster Fisheries) Regulations 2017
4—Variation of regulation 3—Interpretation
Regulation 3(1)—after the definition of giant crab insert:
King George whiting means Syllaginodes punctatus;
King George whiting fishing zone has the same meaning as in the Fisheries Management (Marine Scalefish Fishery) Regulations 2017;
Regulation 3(1), definition of marine scalefish fishery—delete the definition and substitute:
Marine Scalefish Fishery means the fishery of that name constituted by the Fisheries Management (Marine Scalefish Fishery) Regulations 2017;
Regulation 3(1)—after the definition of rock lobster pot entitlement insert:
snapper means Chrysophrys auratus;
snapper fishing zone has the same meaning as in the Fisheries Management (Marine Scalefish Fishery) Regulations 2017;
Regulation 3(1)—after the definition of South Australian licence insert:
southern calamari means Sepioteuthis australis;
southern calamari fishing zone has the same meaning as in the Fisheries Management (Marine Scalefish Fishery) Regulations 2017;
southern garfish means Hyporhamphus melanochir;
southern garfish fishing zone has the same meaning as in the Fisheries Management (Marine Scalefish Fishery) Regulations 2017;
Regulation 3(1), definitions of vongole fishing zone and vongole quota entitlement—delete the definitions
Regulation 3(3)(b)—delete paragraph (b) and substitute:
(b)common and scientific fish names are given according to AS5300—2019 Australian Fish Names Standard published by the Fisheries Research & Development Corporation, as in force from time to time;
5—Variation of regulation 4—Constitution of fisheries
Regulation 4(2)(b)—after "Schedule 1" insert:
Part 1
Regulation 4(2)(c)—delete "Razorfish (Pinna bicolor)" and substitute:
aquatic resources specified in Schedule 1 Part 2
Regulation 4(3)(b)—after "Schedule 1" insert:
Part 1
Regulation 4(3)(c)—delete "Razorfish (Pinna bicolor)" and substitute:
aquatic resources specified in Schedule 1 Part 2
6—Revocation of regulation 13
Regulation 13—delete the regulation
7—Insertion of regulations 17A to 17E
After regulation 17 insert:
17A—Individual King George whiting catch quota system
(1)In this regulation—
King George whiting quota entitlement or quota entitlement, in relation to a licence in respect of a rock lobster fishery or the Marine Scalefish Fishery and a King George whiting fishing zone, means the maximum number of kilograms of King George whiting that may be lawfully taken by the holder of the licence in that zone during a quota period, being the product of—
(a)the unit entitlement under that licence in respect of that zone; and
(b)the unit value for that zone and quota period,
subject to any variation applying during that quota period;
quota period—a quota period is a period of 12 months commencing on 1 July;
quota period 2021‑2022 means the quota period commencing on 1 July 2021;
unit entitlement, in relation to a licence in respect of a rock lobster fishery or the Marine Scalefish Fishery and a King George whiting fishing zone, means the number of King George whiting units for the time being allocated to the licence in respect of that zone;
unit value means the number of kilograms of King George whiting determined by the Minister to be the value of a King George whiting unit for a King George whiting fishing zone and a quota period.
(2)The Minister must, by notice in the Gazette, on or before the commencement of the quota period 2021‑2022—
(a)determine the total allowable commercial catch for that quota period for the Northern Zone Rock Lobster Fishery, the Southern Zone Rock Lobster Fishery and the Marine Scalefish Fishery and each King George whiting fishing zone; and
(b)determine the number of kilograms of King George whiting that is to be the value of a King George whiting unit for each King George whiting fishing zone and that quota period; and
(c)determine the methodology or formula by which King George whiting units are to be allocated to licences in respect of a rock lobster fishery on which a condition fixing a King George whiting quota entitlement is to be imposed (which may, without limitation, provide for or include a scheme for the allocation of additional King George whiting units on the basis of exceptional circumstances that apply to the holder of a licence, as determined by the Minister).
(3)The Minister may vary or revoke a determination under subregulation (2) by further notice in the Gazette.
(4)The Minister must, on or before the commencement of each quota period commencing after the quota period 2021‑2022, determine the number of kilograms of King George whiting that is to be the value of a King George whiting unit for each King George whiting fishing zone and that quota period.
(5)The Minister may impose or vary conditions on licences in respect of a rock lobster fishery or the Marine Scalefish Fishery fixing King George whiting quota entitlements as follows:
(a)a condition may be imposed on a licence in respect of a rock lobster fishery fixing a King George whiting quota entitlement;
(b)on joint application made to the Minister by the holders of any 2 licences in respect of the Northern Zone Rock Lobster Fishery subject to a condition fixing a King George whiting quota entitlement in respect of the same King George whiting fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that King George whiting fishing zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;
(c)on joint application made to the Minister by the holders of any 2 licences in respect of the Southern Zone Rock Lobster Fishery subject to a condition fixing a King George whiting quota entitlement in respect of the same King George whiting fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that King George whiting fishing zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;
(d)on joint application made to the Minister by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a King George whiting quota entitlement in respect of a particular King George whiting fishing zone (the first licence) and 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 the same King George whiting fishing zone (the second licence)—
(i)the conditions of the first licence may be varied so as to decrease the unit entitlement under the licence in respect of that zone; and
(ii)the conditions of the second licence may be varied so as to increase the unit entitlement under that licence in respect of that zone by a corresponding number of units;
(e)on joint application made to the Minister by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a King George whiting quota entitlement in respect of a particular King George whiting fishing zone (the first licence) and the holder of a licence in respect of the Marine Scalefish Fishery not subject to a condition fixing a King George whiting quota entitlement in respect of that zone (the second licence)—
(i)the conditions of the first licence may be varied so as to decrease the unit entitlement under that licence in respect of that zone; and
(ii)a corresponding number of units may be allocated to the second licence and a condition fixing a King George whiting quota entitlement in respect of that zone may be imposed on that licence;
(f)if the total catch of King George whiting taken during a quota period by the holder of a licence in respect of a rock lobster fishery exceeded the King George whiting quota entitlement under the licence for that quota period, the conditions of the licence may be varied so as to decrease the King George whiting quota entitlement for the following quota period—
(i)if the catch exceeded the quota entitlement by not more than 50 kilograms—by 1 kilogram for each kilogram taken in excess of the quota entitlement; or
(ii)if the catch exceeded the quota entitlement by more than 50 kilograms but not more than 100 kilograms—by 2 kilograms for each kilogram taken in excess of the quota entitlement;
(g)if the total catch of King George whiting taken during a quota period by the holder of a licence in respect of a rock lobster fishery exceeded the King George whiting quota entitlement under the licence for that quota period by more than 100 kilograms of King George whiting, the conditions of the licence may be varied so as to decrease the King George whiting quota entitlement under the licence for the following 3 quota periods by 1 kilogram for each kilogram taken in excess of the quota entitlement.
(6)If a variation of a unit entitlement is to have effect only for the balance of the quota period during which the variation is made, the variation must be expressed to have such effect.
(7)An application to vary unit entitlements must—
(a)be made in a manner and form approved by the Minister; and
(b)be completed in accordance with the instructions contained in the form; and
(c)be accompanied by the prescribed fee.
17B—Individual snapper catch quota system
(1)In this regulation—
quota period—a quota period is a period of 12 months commencing on 1 July;
quota period 2021‑2022 means the quota period commencing on 1 July 2021;
snapper quota entitlement or quota entitlement, in relation to a licence in respect of a rock lobster fishery or the Marine Scalefish Fishery and a snapper fishing zone, means the maximum number of kilograms of snapper that may be lawfully taken by the holder of the licence in that zone during a quota period, being the product of—
(a)the unit entitlement under that licence in respect of that zone; and
(b)the unit value for that zone and quota period,
subject to any variation applying during that quota period;
South East Fishing Zone has the same meaning as in the Fisheries Management (Marine Scalefish Fishery) Regulations 2017;
South East snapper fishing zone means a snapper fishing zone constituted of the South East Fishing Zone;
unit entitlement, in relation to a licence under a rock lobster fishery or the Marine Scalefish Fishery and a snapper fishing zone, means the number of snapper units for the time being allocated to the licence in respect of that zone;
unit value means the number of kilograms of snapper determined by the Minister to be the value of a snapper unit for a snapper fishing zone and a quota period.
(2)The Minister must, by notice in the Gazette, on or before the commencement of the quota period 2021‑2022—
(a)determine the total allowable commercial catch for that quota period for the Northern Zone Rock Lobster Fishery, the Southern Zone Rock Lobster Fishery and the Marine Scalefish Fishery and each snapper fishing zone; and
(b)determine the number of kilograms of snapper that is to be the value of a snapper unit for each snapper fishing zone and that quota period; and
(c)determine the methodology or formula by which snapper units are to be allocated to licences in respect of a rock lobster fishery on which a condition fixing a snapper quota entitlement is to be imposed (which may, without limitation, provide for or include a scheme for the allocation of additional snapper units on the basis of exceptional circumstances that apply to the holder of a licence, as determined by the Minister).
(3)The Minister may vary or revoke a determination under subregulation (2) by further notice in the Gazette.
(4)The Minister must, on or before the commencement of each quota period commencing after the quota period 2021‑2022, determine the number of kilograms of snapper that is to be the value of a snapper unit for each snapper fishing zone and that quota period.
(5)The Minister may impose or vary conditions on licences in respect of a rock lobster fishery or the Marine Scalefish Fishery fixing snapper quota entitlements as follows:
(a)a condition may be imposed on a licence in respect of a rock lobster fishery fixing a snapper quota entitlement;
(b)on joint application made to the Minister by the holders of any 2 licences in respect of a Northern Zone Rock Lobster Fishery subject to a condition fixing a snapper quota entitlement in respect of the same snapper fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that snapper fishing zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;
(c)on joint application made to the Minister by the holders of any 2 licences in respect of a Southern Zone Rock Lobster Fishery subject to a condition fixing a snapper quota entitlement in respect of the same snapper fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that snapper fishing zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;
(d)on joint application made to the Minister by the holder of a licence in respect of the Northern Zone Rock Lobster Fishery subject to a condition fixing a snapper quota entitlement in respect of the South East snapper fishing zone and the holder of a licence in respect of the Southern Zone Rock Lobster Fishery subject to a condition fixing a snapper quota entitlement in respect of that snapper fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of the South East snapper fishing zone and decrease the unit entitlement under the other licence in respect of that snapper fishing zone by a corresponding number of units;
(e)on joint application made to the Minister by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a snapper quota entitlement in respect of a particular snapper fishing zone (the first licence) and the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a snapper quota entitlement in respect of the same snapper fishing zone (the second licence)—
(i)the conditions of the first licence may be varied so as to decrease the unit entitlement under the licence in respect of that zone; and
(ii)the conditions of the second licence may be varied so as to increase the unit entitlement under that licence in respect of that zone by a corresponding number of units;
(f)on joint application made to the Minister by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a snapper quota entitlement in respect of a particular snapper fishing zone (the first licence) and the holder of a licence in respect of the Marine Scalefish Fishery not subject to a condition fixing a snapper quota entitlement in respect of that zone (the second licence)—
(i)the conditions of the first licence may be varied so as to decrease the unit entitlement under that licence in respect of that zone; and
(ii)a corresponding number of units may be allocated to the second licence and a condition fixing a snapper quota entitlement in respect of that zone may be imposed on that licence;
(g)if the total catch of snapper taken during a quota period by the holder of a licence in respect of a rock lobster fishery exceeded the snapper quota entitlement under the licence for that quota period, the conditions of the licence may be varied so as to decrease the snapper quota entitlement for the following quota period—
(i)if the catch exceeded the quota entitlement by not more than 50 kilograms—by 1 kilogram for each kilogram taken in excess of the quota entitlement; or
(ii)if the catch exceeded the quota entitlement by more than 50 kilograms but not more than 100 kilograms—by 2 kilograms for each kilogram taken in excess of the quota entitlement;
(h)if the total catch of snapper taken during a quota period by the holder of a licence in respect of a rock lobster fishery exceeded the snapper quota entitlement under the licence for that quota period by more than 100 kilograms of snapper, the conditions of the licence may be varied so as to decrease the snapper quota entitlement under the licence for the following 3 quota periods by 1 kilogram for each kilogram taken in excess of the quota entitlement.
(6)If a variation of a unit entitlement is to have effect only for the balance of the quota period during which the variation is made, the variation must be expressed to have such effect.
(7)An application to vary unit entitlements must—
(a)be made in a manner and form approved by the Minister; and
(b)be completed in accordance with the instructions contained in the form; and
(c)be accompanied by the prescribed fee.
17C—Individual southern calamari catch quota system
(1)In this regulation—
quota period—a quota period is a period of 12 months commencing on 1 July;
quota period 2021‑2022 means the quota period commencing on 1 July 2021;
southern calamari quota entitlement or quota entitlement, in relation to a licence in respect of a rock lobster fishery or the Marine Scalefish Fishery and a southern calamari fishing zone, means the maximum number of kilograms of southern calamari that may be lawfully taken by the holder of the licence in that zone during a quota period, being the product of—
(a)the unit entitlement under that licence in respect of that zone; and
(b)the unit value for that zone and quota period,
subject to any variation applying during that quota period;
unit entitlement, in relation to a licence in respect of a rock lobster fishery or the Marine Scalefish Fishery and a southern calamari fishing zone means the number of southern calamari units for the time being allocated to the licence in respect of that zone;
unit value means the number of kilograms of southern calamari determined by the Minister to be the value of a southern calamari unit for a southern calamari fishing zone and a quota period.
(2)The Minister must, by notice in the Gazette, on or before the commencement of the quota period 2021‑2022—
(a)determine the total allowable commercial catch for that quota period for the Northern Zone Rock Lobster Fishery, the Southern Zone Rock Lobster Fishery and the Marine Scalefish Fishery and each southern calamari fishing zone; and
(b)determine the number of kilograms of southern calamari that is to be the value of a southern calamari unit for each southern calamari fishing zone and that quota period; and
(c)determine the methodology or formula by which southern calamari units are to be allocated to licences in respect of a rock lobster fishery on which a condition fixing a southern calamari quota entitlement is to be imposed (which may, without limitation, provide for or include a scheme for the allocation of additional southern calamari units on the basis of exceptional circumstances that apply to the holder of a licence, as determined by the Minister).
(3)The Minister may vary or revoke a determination under subregulation (2) by further notice in the Gazette.
(4)The Minister must, on or before the commencement of each quota period commencing after the quota period 2021‑2022, determine the number of kilograms of southern calamari that is to be the value of a southern calamari unit for each southern calamari fishing zone and that quota period.
(5)The Minister may impose or vary conditions on licences in respect of a rock lobster fishery or the Marine Scalefish Fishery fixing southern calamari quota entitlements as follows:
(a)a condition may be imposed on a licence in respect of a rock lobster fishery fixing a southern calamari quota entitlement;
(b)on joint application made to the Minister by the holders of any 2 licences in respect of the Northern Zone Rock Lobster Fishery subject to a condition fixing a southern calamari quota entitlement in respect of the same southern calamari fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that southern calamari fishing zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;
(c)on joint application made to the Minister by the holders of any 2 licences in respect of the Southern Zone Rock Lobster Fishery subject to a condition fixing a southern calamari quota entitlement in respect of the same southern calamari fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that southern calamari fishing zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;
(d)on joint application made to the Minister by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern calamari quota entitlement in respect of a particular southern calamari fishing zone (the first licence) and 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 the same southern calamari fishing zone (the second licence)—
(i)the conditions of the first licence may be varied so as to decrease the unit entitlement under the licence in respect of that zone; and
(ii)the conditions of the second licence may be varied so as to increase the unit entitlement under that licence in respect of that zone by a corresponding number of units;
(e)on joint application made to the Minister by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern calamari quota entitlement in respect of a particular southern calamari fishing zone (the first licence) and the holder of a licence in respect of the Marine Scalefish Fishery not subject to a condition fixing a southern calamari quota entitlement in respect of that zone (the second licence)—
(i)the conditions of the first licence may be varied so as to decrease the unit entitlement under that licence in respect of that zone; and
(ii)a corresponding number of units may be allocated to the second licence and a condition fixing a southern calamari quota entitlement in respect of that zone may be imposed on that licence;
(f)if the total catch of southern calamari taken during a quota period by the holder of a licence in respect of a rock lobster fishery exceeded the southern calamari quota entitlement under the licence for that quota period, the conditions of the licence may be varied so as to decrease the southern calamari quota entitlement for the following quota period—
(i)if the catch exceeded the quota entitlement by not more than 50 kilograms—by 1 kilogram for each kilogram taken in excess of the quota entitlement; or
(ii)if the catch exceeded the quota entitlement by more than 50 kilograms but not more than 100 kilograms—by 2 kilograms for each kilogram taken in excess of the quota entitlement;
(g)if the total catch of southern calamari taken during a quota period by the holder of a licence in respect of a rock lobster fishery exceeded the southern calamari quota entitlement under the licence for that quota period by more than 100 kilograms of southern calamari, the conditions of the licence may be varied so as to decrease the southern calamari quota entitlement under the licence for the following 3 quota periods by 1 kilogram for each kilogram taken in excess of the quota entitlement.
(6)If a variation of a unit entitlement is to have effect only for the balance of the quota period during which the variation is made, the variation must be expressed to have such effect.
(7)An application to vary unit entitlements must—
(a)be made in a manner and form approved by the Minister; and
(b)be completed in accordance with the instructions contained in the form; and
(c)be accompanied by the prescribed fee.
17D—Individual southern garfish catch quota system
(1)In this regulation—
quota period—a quota period is a period of 12 months commencing on 1 July;
quota period 2021‑2022 means the quota period commencing on 1 July 2021;
southern garfish quota entitlement or quota entitlement, in relation to a licence in respect of a rock lobster licence or the Marine Scalefish Fishery and a southern garfish fishing zone, means the maximum number of kilograms of southern garfish that may be lawfully taken by the holder of the licence in that zone during a quota period, being the product of—
(a)the unit entitlement under that licence in respect of that zone; and
(b)the unit value for that zone and quota period,
subject to any variation applying during that quota period;
unit entitlement, in relation to a licence in respect of a rock lobster fishery or the Marine Scalefish Fishery and a southern garfish fishing zone, means the number of southern garfish units for the time being allocated to the licence in respect of that zone;
unit value means the number of kilograms of southern garfish determined by the Minister to be the value of a southern garfish unit for a southern garfish fishing zone and a quota period.
(2)The Minister must, by notice in the Gazette, on or before the commencement of the quota period 2021‑2022—
(a)determine the total allowable commercial catch for that quota period for the Northern Zone Rock Lobster Fishery, the Southern Zone Rock Lobster Fishery and the Marine Scalefish Fishery and each southern garfish fishing zone; and
(b)determine the number of kilograms of southern garfish that is to be the value of a southern garfish unit for each southern garfish fishing zone and that quota period; and
(c)determine the methodology or formula by which southern garfish units are to be allocated to licences in respect of a rock lobster fishery on which a condition fixing a southern garfish quota entitlement is to be imposed (which may, without limitation, provide for or include a scheme for the allocation of additional southern garfish units on the basis of exceptional circumstances that apply to the holder of a licence, as determined by the Minister).
(3)The Minister may vary or revoke a determination under subregulation (2) by further notice in the Gazette.
(4)The Minister must, on or before the commencement of each quota period commencing after the quota period 2021‑2022, determine the number of kilograms of southern garfish that is to be the value of a southern garfish unit for each southern garfish fishing zone and that quota period.
(5)The Minister may impose or vary conditions on licences in respect of a rock lobster fishery or the Marine Scalefish Fishery fixing southern garfish quota entitlements as follows:
(a)a condition may be imposed on a licence in respect of a rock lobster fishery fixing a southern garfish quota entitlement;
(b)on joint application made to the Minister by the holders of any 2 licences in respect of the Northern Zone Rock Lobster Fishery subject to a condition fixing a southern garfish quota entitlement in respect of the same southern garfish fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that southern garfish fishing zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;
(c)on joint application made to the Minister by the holders of any 2 licences in respect of the Southern Zone Rock Lobster Fishery subject to a condition fixing a southern garfish quota entitlement in respect of the same southern garfish fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that southern garfish fishing zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;
(d)on joint application made to the Minister by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern garfish quota entitlement in respect of a particular southern garfish fishing zone (the first licence) and 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 the same southern garfish fishing zone (the second licence)—
(i)the conditions of the first licence may be varied so as to decrease the unit entitlement under the licence in respect of that zone; and
(ii)the conditions of the second licence may be varied so as to increase the unit entitlement under that licence in respect of that zone by a corresponding number of units;
(e)on joint application made to the Minister by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern garfish quota entitlement in respect of a particular southern garfish fishing zone (the first licence) and the holder of a licence in respect of the Marine Scalefish Fishery not subject to a condition fixing a southern garfish quota entitlement in respect of that zone (the second licence)—
(i)the conditions of the first licence may be varied so as to decrease the unit entitlement under that licence in respect of that zone; and
(ii)a corresponding number of units may be allocated to the second licence and a condition fixing a southern garfish quota entitlement in respect of that zone may be imposed on that licence;
(f)if the total catch of southern garfish taken during a quota period by the holder of a licence in respect of a rock lobster fishery exceeded the southern garfish quota entitlement under the licence for that quota period, the conditions of the licence may be varied so as to decrease the southern garfish quota entitlement for the following quota period—
(i)if the catch exceeded the quota entitlement by not more than 200 kilograms—by 1 kilogram for each kilogram taken in excess of the quota entitlement; or
(ii)if the catch exceeded the quota entitlement by more than 200 kilograms but not more than 400 kilograms—by 2 kilograms for each kilogram taken in excess of the quota entitlement;
(g)if the total catch of southern garfish taken during a quota period by the holder of a licence in respect of a rock lobster fishery exceeded the southern garfish quota entitlement under the licence for that quota period by more than 400 kilograms of southern garfish, the conditions of the licence may be varied so as to decrease the southern garfish quota entitlement under the licence for the following 3 quota periods by 1 kilogram for each kilogram taken in excess of the quota entitlement.
(6)If a variation of a unit entitlement is to have effect only for the balance of the quota period during which the variation is made, the variation must be expressed to have such effect.
(7)An application to vary unit entitlements must—
(a)be made in a manner and form approved by the Minister; and
(b)be completed in accordance with the instructions contained in the form; and
(c)be accompanied by the prescribed fee.
17E—Restrictions on taking King George whiting, snapper, southern calamari and southern garfish
(1)The holder of a licence in respect of a rock lobster fishery must not take King George whiting in a King George whiting fishing zone for a commercial purpose unless the licence is subject to a condition fixing a King George whiting quota entitlement in relation to that zone.
Maximum penalty: $5 000.
Expiation fee: $315.
(2)The holder of a licence in respect of a rock lobster fishery must not take snapper in a snapper fishing zone for a commercial purpose unless the licence is subject to a condition fixing a snapper quota entitlement in relation to that zone.
Maximum penalty: $5 000.
Expiation fee: $315.
(3)The holder of a licence in respect of a rock lobster fishery must not take southern calamari in a southern calamari fishing zone for a commercial purpose unless the licence is subject to a condition fixing a southern calamari quota entitlement in relation to that zone.
Maximum penalty: $5 000.
Expiation fee: $315.
(4)The holder of a licence in respect of a rock lobster fishery must not take southern garfish in a southern garfish fishing zone for a commercial purpose unless the licence is subject to a condition fixing a southern garfish quota entitlement in relation to that zone.
Maximum penalty: $5 000.
Expiation fee: $315.
8—Variation of regulation 18—Restriction on taking of vongole and cockles
Regulation 18(1)—delete subregulation (1) and substitute:
(1)The holder of a licence in respect of a rock lobster fishery must not take vongole under the licence unless—
(a)the vongole are taken solely for the purpose of bait to be used to take aquatic resources under the licence; and
(b)the number of vongole taken for that purpose on any 1 day does not exceed the number fixed by condition of the licence as the maximum number of vongole that may be taken in any 1 day for that purpose.
Maximum penalty: $5 000.
Expiation fee: $315.
9—Variation of regulation 21—Information to be provided—taking King George whiting
Regulation 21(1)—delete subregulation (1) and substitute:
(1)If fishing activities involving the taking of King George whiting under a licence in respect of a rock lobster fishery subject to a condition fixing a King George whiting quota entitlement are, or are to be, engaged in, the Department must be notified, in the manner and form, and at such times, as determined by the Minister, of the information specified by the Minister in the determination.
10—Insertion of regulations 21A to 21C
After regulation 21 insert:
21A—Information to be provided—taking snapper
(1)If fishing activities involving the taking of snapper under a licence in respect of a rock lobster fishery subject to a condition fixing a snapper quota entitlement are, or are to be, engaged in, the Department must be notified, in the manner and form, and at such times, as determined by the Minister, of the information specified by the Minister in the determination.
(2)If a determination of the Minister made for the purposes of subregulation (1) is not complied with, the holder of the licence is guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $500.
21B—Information to be provided—taking southern calamari
(1)If fishing activities involving the taking of southern calamari under a licence in respect of a rock lobster fishery subject to a condition fixing a southern calamari quota entitlement are, or are to be, engaged in, the Department must be notified, in the manner and form, and at such times, as determined by the Minister, of the information specified by the Minister in the determination.
(2)If a determination of the Minister made for the purposes of subregulation (1) is not complied with, the holder of the licence is guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $500.
21C—Information to be provided—taking southern garfish
(1)If fishing activities involving the taking of southern garfish under a licence in respect of a rock lobster fishery subject to a condition fixing a southern garfish quota entitlement are, or are to be, engaged in, the Department must be notified, in the manner and form, and at such times, as determined by the Minister, of the information specified by the Minister in the determination.
(2)If a determination of the Minister made for the purposes of subregulation (1) is not complied with, the holder of the licence is guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $500.
11—Substitution of regulation 25
Regulation 25—delete the regulation and substitute:
25—Catch and disposal requirements—King George whiting
(1)The holder of a licence in respect of a rock lobster fishery subject to a condition fixing a King George whiting quota entitlement or the registered master of a registered boat used under such a licence must comply with the following provisions in respect of King George whiting taken under the licence:
(a)the holder of the licence or the registered master must, in the manner and form, at such places and at such times, as determined by the Minister, record such information in respect of the catch and disposal of King George whiting taken under the licence as determined by the Minister;
(b)the holder of the licence or the registered master must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;
(c)the holder of the licence or the registered master must ensure that King George whiting taken under the licence are weighed, stored, placed in containers, sealed, tagged, and transported, delivered, consigned or otherwise disposed of, and accompanied by such information, in accordance with the requirements (if any) as determined by the Minister.
(2)If a determination of the Minister made for the purposes of subregulation (1) is not complied with, the holder of the licence and the registered master are each guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $500.
(3)The holder of the licence must keep records made under subregulation (1) in the manner, at such place, and for such period, as determined by the Minister.
Maximum penalty: $5 000.
Expiation fee: $315.
25A—Catch and disposal requirements—snapper
(1)The holder of a licence in respect of a rock lobster fishery subject to a condition fixing a snapper quota entitlement or the registered master of a registered boat used under such a licence must comply with the following provisions in respect of snapper taken under the licence:
(a)the holder of the licence or the registered master must, in the manner and form, at such places and at such times, as determined by the Minister, record such information in respect of the catch and disposal of snapper taken under the licence as determined by the Minister;
(b)the holder of the licence or the registered master must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;
(c)the holder of the licence or the registered master must ensure that snapper taken under the licence are weighed, stored, placed in containers, sealed, tagged, and transported, delivered, consigned or otherwise disposed of, and accompanied by such information, in accordance with the requirements (if any) as determined by the Minister.
(2)If a determination of the Minister made for the purposes of subregulation (1) is not complied with, the holder of the licence and the registered master are each guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $500.
(3)The holder of the licence must keep records made under subregulation (1) in the manner, at such place, and for such period, as determined by the Minister.
Maximum penalty: $5 000.
Expiation fee: $315.
25B—Catch and disposal requirements—southern calamari
(1)The holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern calamari quota entitlement or the registered master of a registered boat used under such a licence must comply with the following provisions in respect of southern calamari taken under the licence:
(a)the holder of the licence or the registered master must, in the manner and form, at such places and at such times, as determined by the Minister, record such information in respect of the catch and disposal of southern calamari taken under the licence as determined by the Minister;
(b)the holder of the licence or the registered master must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;
(c)the holder of the licence or the registered master must ensure that southern calamari taken under the licence are weighed, stored, placed in containers, sealed, tagged, and transported, delivered, consigned or otherwise disposed of, and accompanied by such information, in accordance with the requirements (if any) as determined by the Minister.
(2)If a determination of the Minister made for the purposes of subregulation (1) is not complied with, the holder of the licence and the registered master are each guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $500.
(3)The holder of the licence must keep records made under subregulation (1) in the manner, at such place, and for such period, as determined by the Minister.
Maximum penalty: $5 000.
Expiation fee: $315.
25C—Catch and disposal requirements—southern garfish
(1)The holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern garfish quota entitlement or the registered master of a registered boat used under such a licence must comply with the following provisions in respect of southern garfish taken under the licence:
(a)the holder of the licence or the registered master must, in the manner and form, at such places and at such times, as determined by the Minister, record such information in respect of the catch and disposal of southern garfish taken under the licence as determined by the Minister;
(b)the holder of the licence or the registered master must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;
(c)the holder of the licence or the registered master must ensure that southern garfish taken under the licence are weighed, stored, placed in containers, sealed, tagged, and transported, delivered, consigned or otherwise disposed of, and accompanied by such information, in accordance with the requirements (if any) as determined by the Minister.
(2)If a determination of the Minister made for the purposes of subregulation (1) is not complied with, the holder of the licence and the registered master are each guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $500.
(3)The holder of the licence must keep records made under subregulation (1) in the manner, at such place, and for such period, as determined by the Minister.
Maximum penalty: $5 000.
Expiation fee: $315.
12—Substitution of regulation 26
Regulation 26—delete the regulation and substitute:
26—King George whiting, snapper, southern calamari and southern garfish to be delivered or consigned to registered fish processor
(1)The holder of a licence in respect of a rock lobster fishery subject to a condition fixing a King George whiting quota entitlement must ensure that all King George whiting taken under the licence are delivered or consigned to a registered fish processor.
Maximum penalty: $5 000.
Expiation fee: $315.
(2)The holder of a licence in respect of a rock lobster fishery subject to a condition fixing a snapper quota entitlement must ensure that all snapper taken under the licence are delivered or consigned to a registered fish processor.
Maximum penalty: $5 000.
Expiation fee: $315.
(3)The holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern calamari quota entitlement must ensure that all southern calamari taken under the licence are delivered or consigned to a registered fish processor.
Maximum penalty: $5 000.
Expiation fee: $315.
(4)The holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern garfish quota entitlement must ensure that all southern garfish taken under the licence are delivered or consigned to a registered fish processor.
Maximum penalty: $5 000.
Expiation fee: $315.
13—Variation of regulation 31—Minister's determinations
Regulation 31(6)—delete "13, 15, 16 or 17" and substitute
15, 16, 17, 17A, 17B, 17C or 17D
14—Variation of Schedule 1—Aquatic resources prescribed for rock lobster fisheries
Schedule 1—after the heading to Schedule 1 insert:
Part 1—Aquatic resources prescribed for the purposes of regulation 4(2)(b) and (3)(b)
Schedule 1—delete "Vongole"
Schedule 1—delete "Australian Anchovy (Engraulis australis)"
Schedule 1—delete "Australian Sardine (Sardinops sagax)"
Schedule 1—after "Skate of all species (Class Elasmobranchii)" insert:
Part 2—Aquatic resources prescribed for the purposes of regulation 4(2)(c) and (3)(c)
Molluscs
Razorfish (Pinna bicolor)
Vongole
Scalefish
Australian Anchovy (Engraulis australis)
Australian Sardine (Sardinops sagax)
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 24 June 2021
No 88 of 2021
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