Fisheries Management (Vessel Monitoring Scheme) (Registered Boat) Variation Regulations 2016 (SA)

South Australia

Fisheries Management (Vessel Monitoring Scheme) (Registered Boat) Variation Regulations 2016

under the Fisheries Management Act 2007

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Fisheries Management (Vessel Monitoring Scheme) Regulations 2007

4            Variation of regulation 3—Interpretation

Part 1—Preliminary

1—Short title

These regulations may be cited as the Fisheries Management (Vessel Monitoring Scheme) (Registered Boat) Variation Regulations 2016.

2—Commencement

These regulations will come into operation on 1 January 2017.

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 (Vessel Monitoring Scheme) Regulations 2007

4—Variation of regulation 3—Interpretation

1. Regulation 3(1), definition of prescribed fishing activity, (c)—after "taking of" insert:

   giant crab or

2. Regulation 3(1), definition of prescribed fishing activity, (d)—after "taking of" insert:

   giant crab or

3. Regulation 3(1), definition of registered boat, (a)—delete paragraph (a) and substitute:

   (a)a registered boat used under a fishery authority in respect of the Marine Scalefish Fishery subject to a condition fixing a sardine quota entitlement other than a registered boat that—

   (i)has an overall length not exceeding 7.5 metres; and

   (ii)is not used for the purposes of taking sardines under that fishing authority; or

4. Regulation 3(1), definition of registered boat, (c)—delete paragraph (c) and substitute:

   (c)a registered boat used under a fishery authority in respect of the Northern Zone Rock Lobster Fishery other than a registered boat that—

   (i)has an overall length not exceeding 7.5 metres; and

   (ii)is not used for the purposes of taking giant crab or rock lobster under that fishing authority; or

5. Regulation 3(2)—delete subregulation (2) and substitute:

   (2)In these regulations—

   (a)coastal waters, Marine Scalefish Fishery, sardine, sardine net and sardine quota entitlement have the same respective meanings as in the Fisheries Management (Marine Scalefish Fisheries) Regulations 2006;

   (b)giant crab, giant crab fishing zone, giant crab quota entitlement and Miscellaneous Fishery have the same respective meanings as in the Fisheries Management (Miscellaneous Fishery) Regulations 2015;

   (c)Northern Zone, Northern Zone Rock Lobster Fishery, rock lobster, Southern Zone Rock Lobster Fishery and Victorian licence have the same respective meanings as in the Fisheries Management (Rock Lobster Fisheries) Regulations 2006;

   (d)Southern Zone—

   (i)in relation to the Southern Zone Abalone Fishery—has the same meaning as in the Fisheries Management (Abalone Fisheries) Regulations 2006;

   (ii)in relation to the Southern Zone Rock Lobster Fishery—has the same meaning as in the Fisheries Management (Rock Lobster Fisheries) Regulations 2006;

   (e)Southern Zone Abalone Fishery has the same meaning as in the Fisheries Management (Abalone Fisheries) Regulations 2006;

   (f)a reference to using a boat for the purpose of engaging in a prescribed fishing activity includes a reference to using a boat for the purpose of engaging in an act preparatory to, or involved in, a prescribed fishing activity.

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 15 December 2016

No 293 of 2016

16MAFF0079