Fisheries Management (Rock Lobster Fisheries) (Quota) Amendment Regulations 2022 (SA)
South Australia
Fisheries Management (Rock Lobster Fisheries) (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 (Rock Lobster Fisheries) Regulations 2017
3 Amendment of regulation 3—Interpretation
4 Amendment of regulation 16—Individual rock lobster catch quota system—Southern Zone
5 Insertion of regulation 16A
16A Individual giant crab catch quota system—Northern Zone
6 Substitution of regulation 17
17 Individual giant crab catch quota system—Southern Zone
7 Amendment of regulation 17A—Individual King George whiting catch quota system
8 Amendment of regulation 17B—Individual snapper catch quota system
9 Amendment of regulation 17C—Individual southern calamari catch quota system
10 Amendment of regulation 17D—Individual southern garfish catch quota system
11 Amendment of regulation 31—Minister's determinations
Part 1—Preliminary
1—Short title
These regulations may be cited as the Fisheries Management (Rock Lobster Fisheries) (Quota) Amendment Regulations 2022.
2—Commencement
These regulations come into operation on 1 July 2022.
Part 2—Amendment of Fisheries Management (Rock Lobster Fisheries) Regulations 2017
3—Amendment of regulation 3—Interpretation
Regulation 3(1)—after the definition of South Australian licence insert:
South East Fishing Zone has the same meaning as in the Fisheries Management (Marine Scalefish Fishery) Regulations 2017;
4—Amendment of regulation 16—Individual rock lobster catch quota system—Southern Zone
Regulation 16(1), definition of quota period, (c) and (d)—delete paragraphs (c) and (d) and substitute:
(c)the period that commenced on 15 September 2021 and ends on 31 August 2022; or
(d)the period commencing on 1 September 2022 and ending on 30 September 2023; or
(e)the period of 12 months commencing on 1 October 2023 or on 1 October in any subsequent year;
Regulation 16(1), definition of quota period 2021‑2022—delete "30 September 2022" and substitute:
31 August 2022
5—Insertion of regulation 16A
After regulation 16 insert:
16A—Individual giant crab catch quota system—Northern Zone
(1)In this regulation—
giant crab quota entitlement or quota entitlement—
(a)in relation to a licence in respect of the Northern Zone Rock Lobster Fishery—means the maximum number of kilograms of giant crab that may be lawfully taken by the holder of the licence during a quota period, being the product of—
(i)the unit entitlement under the licence; and
(ii)the unit value for the Fishery and that quota period,
subject to any variation applying during that quota period;
(b)in relation to a licence in respect of the Miscellaneous Fishery—has the same meaning as in regulation 9 of the Fisheries Management (Miscellaneous Fishery) Regulations 2015;
Miscellaneous Fishery means the fishery of that name constituted by the Fisheries Management (Miscellaneous Fishery) Regulations 2015;
quota period means a period of 12 months commencing on 1 November;
unit entitlement—
(a)in relation to a licence in respect of the Northern Zone Rock Lobster Fishery—means the number of giant crab units for the time being allocated to the licence;
(b)in relation to a licence in respect of the Miscellaneous Fishery—has the same meaning as in regulation 9 of the Fisheries Management (Miscellaneous Fishery) Regulations 2015;
unit value means the number of kilograms of giant crab determined by the Minister to be the value of a giant crab unit for the Northern Zone Rock Lobster Fishery and a quota period.
(2)The Minister must determine the number of kilograms of giant crab that is to be the value of a giant crab unit for the Northern Zone Rock Lobster Fishery and each quota period.
(3)The Minister may impose or vary conditions on licences in respect of the Northern Zone Rock Lobster Fishery or the Miscellaneous Fishery fixing giant crab quota entitlements as follows:
(a)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 giant crab quota entitlement, the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences and decrease the unit entitlement under the other licence by a corresponding number of units;
(b)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 giant crab quota entitlement (the first licence) and the holder of a licence in respect of the Miscellaneous Fishery subject to a condition fixing a giant crab quota entitlement in respect of the Northern Zone (the second licence)—
(i)the conditions of the first licence may be varied so as to decrease the unit entitlement under that licence and the conditions of the second licence may be varied so as to increase the unit entitlement under that licence in respect of the Northern Zone by a corresponding number of units; or
(ii)the conditions of the first licence may be varied so as to increase the unit entitlement under that licence and the conditions of the second licence may be varied so as to decrease the unit entitlement under that licence in respect of the Northern Zone by a corresponding number of units;
(c)if the total catch of giant crab taken by the holder of a licence in respect of the Northern Zone Rock Lobster Fishery during a quota period exceeded the giant crab quota entitlement under the licence for that quota period, the conditions of the licence may be varied so as to reduce the quota entitlement—
(i)if the catch exceeded the quota entitlement by not more than 20 kilograms of giant crab—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 20 kilograms but not more than 50 kilograms of giant crab—by 2 kilograms for each kilogram taken in excess of the quota entitlement;
(d)if—
(i)the holder of a licence in respect of the Northern Zone Rock Lobster Fishery is convicted of an offence of contravening a condition of the licence fixing a giant crab quota entitlement; and
(ii)the conduct constituting the offence involved the taking of more than 50 kilograms of giant crab in excess of the quota entitlement,
the conditions of the licence may be varied so as to reduce the giant crab quota entitlement for 3 quota periods following the conviction by 1 kilogram for each kilogram of giant crab taken in excess of the quota entitlement for the quota period during which the offence was committed;
(e)a variation of a quota entitlement made under paragraph (c) must be expressed to apply only for the quota period during which the variation is made.
(4)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—
(i)the documents specified in the application form; and
(ii)the prescribed fee.
6—Substitution of regulation 17
Regulation 17—delete the regulation and substitute:
17—Individual giant crab catch quota system—Southern Zone
(1)In this regulation—
giant crab quota entitlement or quota entitlement—
(a)in relation to a licence in respect of the Southern Zone Rock Lobster Fishery—means the maximum number of kilograms of giant crab that may be lawfully taken by the holder of the licence during a quota period, being the product of—
(i)the unit entitlement under the licence; and
(ii)the unit value for the Fishery and that quota period,
subject to any variation applying during that quota period;
(b)in relation to a licence in respect of the Miscellaneous Fishery—has the same meaning as in regulation 9A of the Fisheries Management (Miscellaneous Fishery) Regulations 2015;
Miscellaneous Fishery means the fishery of that name constituted by the Fisheries Management (Miscellaneous Fishery) Regulations 2015;
quota period means a period of 12 months commencing on 1 October;
unit entitlement—
(a)in relation to a licence in respect of the Southern Zone Rock Lobster Fishery—means the number of giant crab units for the time being allocated to the licence;
(b)in relation to a licence in respect of the Miscellaneous Fishery—has the same meaning as in regulation 9A of the Fisheries Management (Miscellaneous Fishery) Regulations 2015;
unit value means the number of kilograms of giant crab determined by the Minister to be the value of a giant crab unit for the Southern Zone Rock Lobster Fishery and a quota period.
(2)The Minister must determine the number of kilograms of giant crab that is to be the value of a giant crab unit for the Southern Zone Rock Lobster Fishery and each quota period.
(3)The Minister may impose or vary conditions on licences in respect of the Southern Zone Rock Lobster Fishery or the Miscellaneous Fishery fixing giant crab quota entitlements as follows:
(a)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 giant crab quota entitlement, the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences and decrease the unit entitlement under the other licence by a corresponding number of units;
(b)on joint application made to the Minister by the holder of a licence in respect of the Southern Zone Rock Lobster Fishery subject to a condition fixing a giant crab quota entitlement (the first licence) and the holder of a licence in respect of the Miscellaneous Fishery subject to a condition fixing a giant crab quota entitlement in respect of the Southern Zone (the second licence)—
(i)the conditions of the first licence may be varied so as to decrease the unit entitlement under that licence and the conditions of the second licence may be varied so as to increase the unit entitlement under that licence in respect of the Southern Zone by a corresponding number of units; or
(ii)the conditions of the first licence may be varied so as to increase the unit entitlement under that licence and the conditions of the second licence may be varied so as to decrease the unit entitlement under that licence in respect of the Southern Zone by a corresponding number of units;
(c)if the total catch of giant crab taken by the holder of a licence in respect of the Southern Zone Rock Lobster Fishery during a quota period exceeded the giant crab quota entitlement under the licence for that quota period, the conditions of the licence may be varied so as to reduce the quota entitlement—
(i)if the catch exceeded the quota entitlement by not more than 20 kilograms of giant crab—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 20 kilograms but not more than 50 kilograms of giant crab—by 2 kilograms for each kilogram taken in excess of the quota entitlement;
(d)if—
(i)the holder of a licence in respect of the Southern Zone Rock Lobster Fishery is convicted of an offence of contravening a condition of the licence fixing a giant crab quota entitlement; and
(ii)the conduct constituting the offence involved the taking of more than 50 kilograms of giant crab in excess of the quota entitlement,
the conditions of the licence may be varied so as to reduce the giant crab quota entitlement for 3 quota periods following the conviction by 1 kilogram for each kilogram of giant crab taken in excess of the quota entitlement for the quota period during which the offence was committed;
(e)a variation of a quota entitlement made under paragraph (c) must be expressed to apply only for the quota period during which the variation is made.
(4)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—
(i)the documents specified in the application form; and
(ii)the prescribed fee.
7—Amendment of regulation 17A—Individual King George whiting catch quota system
Regulation 17A(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 a rock lobster 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;
Regulation 17A(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 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 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 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 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 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), (c), (d) or (e) may not be made in respect of King George whiting units allocated to the licence under subregulation (5)(f).
8—Amendment of regulation 17B—Individual snapper 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 a rock lobster fishery, means the next quota period during which snapper may be taken by the holder of the licence following the first quota period;
Regulation 17B(1)—definitions of South East Fishing Zone and South East snapper fishing zone—delete the definitions
Regulation 17B(5)(d)—delete "South East snapper fishing zone" wherever occurring and substitute in each case:
South East Fishing Zone
Regulation 17B(5)(d)—delete "snapper fishing zone" wherever occurring and substitute in each case:
Zone
Regulation 17B(5)(g) and (h)—delete paragraphs (g) and (h) and substitute:
(g)if the total catch of snapper taken 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 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;
(h)if the total catch of snapper taken 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 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 17B—after subregulation (5) insert:
(5a)For the purposes of—
(a)subregulation (5)(g)(i) and (ii); and
(b)subregulation (5)(h)(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)(g)(i) or (ii) must be disregarded.
(5b)A variation of a quota entitlement under subregulation (5)(g) or (h) must be expressed to apply only for the quota period during which the variation is made.
(5c)An application under subregulation (5)(b), (c), (d), (e) or (f) may not be made in respect of snapper units allocated to the licence under subregulation (5)(g).
9—Amendment of regulation 17C—Individual southern calamari catch quota system
Regulation 17C(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 a rock lobster fishery, means the next quota period during which southern calamari may be taken by the holder of the licence following the first quota period;
Regulation 17C(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 a rock lobster 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 a rock lobster 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 17C—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), (c), (d) or (e) may not be made in respect of southern calamari units allocated to the licence under subregulation (5)(f).
10—Amendment of regulation 17D—Individual southern garfish catch quota system
Regulation 17D(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 a rock lobster fishery, means the next quota period during which southern garfish may be taken by the holder of the licence following the first quota period;
Regulation 17D(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 a rock lobster 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 a rock lobster 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 17D—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), (c), (d) or (e) may not be made in respect of southern garfish units allocated to the licence under subregulation (5)(f).
11—Amendment of regulation 31—Minister's determinations
Regulation 31(6)—after "16," insert:
16A,
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 38 of 2022
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