Fisheries Management (Rock Lobster Fisheries) Variation Regulations 2011 (SA)

South Australia

Fisheries Management (Rock Lobster Fisheries) Variation Regulations 2011

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 2006

4            Substitution of regulation 13

13          Restrictions on fishing activities during closed season in Northern Zone

Part 1—Preliminary

1—Short title

These regulations may be cited as the Fisheries Management (Rock Lobster Fisheries) Variation Regulations 2011.

2—Commencement

These regulations come into operation on the day on which they are made.

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 2006

4—Substitution of regulation 13

Regulation 13—delete the regulation and substitute:

13—Restrictions on fishing activities during closed season in Northern Zone

(1)In this regulation—

closed season means the period commencing at 1800 hours on 31 May in any year and ending at 1200 hours on the following 1 November;

Fishery means the Northern Zone Rock Lobster Fishery;

nominated registered master, in respect of a company that holds a licence in respect of the Fishery, means a registered master who is also a director of the company nominated by the holder of the licence to engage in fishing activities on behalf of the holder of the licence during the closed season.

(2)If fishing activities of a class that constitute the Fishery are engaged in on more than 28 days in aggregate during the closed season by a person or persons registered as a master of a registered boat or registered boats used under a licence in respect of the Fishery, each of the registered masters is guilty of an offence.

Maximum penalty: $5 000.

Expiation fee: $315.

(3)Subregulation (2) does not apply to a registered master—

(a)who is the holder of the licence; or

(b)if the licence is held by a company—who is the nominated registered master for the holder of the licence.

(4)An application by the holder of a licence that is a company to nominate a registered master for the purposes of this regulation must—

(a)be made to the Minister in a manner and form approved by the Minister; and

(b)be signed by the applicants and completed in accordance with the instructions contained in the form.

(5)If—

(a)a licence in respect of the Fishery is held by a company; and

(b)a director of the company other than the nominated registered master for the holder of the licence engages in fishing activities of a class that constitute the Fishery during the closed season,

the holder of the licence is guilty of an offence.

Maximum penalty: $5 000.

Expiation fee: $315.

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 7 April 2011

No 27 of 2011

MAFF10/006CS