Fisheries Management (Vessel Monitoring Scheme) Regulations 2007 (SA)
South Australia
Fisheries Management (Vessel Monitoring Scheme) Regulations 2007
under the Fisheries Management Act 2007
Contents
1Short title
3Interpretation
4Requirement to install VMS unit
5Requirement to ensure operation of VMS unit during fishing season
6Approval for VMS unit to be switched off or placed in sleep mode
7Requirement to test and confirm operation of VMS unit following servicing or repairing of boat
8Power of Minister to require modification or replacement of VMS unit
9VMS unit not to be installed, serviced, repaired etc except by approved installer
10Requirement to ensure alternative means of communication with boat
11Power of Minister to require manual reporting of vessel data etc
12Requirement to comply with directions
Legislative history
1—Short title
These regulations may be cited as the Fisheries Management (Vessel Monitoring Scheme) Regulations 2007.
3—Interpretation
(1)In these regulations, unless the contrary intention appears—
Act means the Fisheries Management Act 2007;
approved means approved by the Minister under these regulations;
fishing season, in relation to a fishery referred to in the definition of prescribed fishing activity, means any period during which the holder of a licence in respect of the fishery may lawfully engage in a prescribed fishing activity;
Inmarsat‑C means the Inmarsat‑C satellite system;
operating, in relation to a VMS unit fitted to a boat, means that the unit is capable of—
(a)transmitting the geographical position and course of the boat as required; and
(b)receiving and accurately responding to electronic data;
prescribed fishing activity—
(a)in relation to a fishery authority in respect of the Marine Scalefish Fishery—means the taking of sardines in coastal waters for a commercial purpose;
(b)in relation to a fishery authority in respect of the Miscellaneous Fishery—means the taking of giant crab in a giant crab fishing zone for a commercial purpose;
(c)in relation to a fishery authority in respect of the Northern Zone Rock Lobster Fishery—means the taking of giant crab or rock lobster in the Northern Zone for a commercial purpose;
(d)in relation to a fishery authority in respect of the Southern Zone Rock Lobster Fishery—means the taking of giant crab or rock lobster in the Southern Zone for a commercial purpose;
(e)in relation to a fishery authority in respect of the Southern Zone Abalone Fishery—means the taking of abalone in the Southern Zone for a commercial purpose;
registered boat means—
(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
(b)a registered boat used under a fishery authority in respect of the Miscellaneous Fishery subject to a condition fixing a giant crab quota entitlement; or
(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
(d)a registered boat used under—
(i)a fishery authority in respect of the Southern Zone Rock Lobster Fishery; and
(ii)a Victorian licence; or
(e)a registered boat used under a fishery authority in respect of the Southern Zone Abalone Fishery;
satellite communication system means a communication system designed for receiving and transmitting data via satellites and earth stations;
sleep mode, in relation to a VMS unit, means a standby mode in which the unit is only capable of operating at specified intervals;
system, in relation to a vessel monitoring system, includes component subsystems of—
(a)power supply; and
(b)communication hardware and software located at base stations and fitted on boats; and
(c)communication service provider;
vessel monitoring system or VMS means a navigational measuring system that—
(a)determines the geographical position and course of a boat; and
(b)is capable of transmitting that information via a satellite communication system;
VMS administrator means the person for the time being designated by the Minister by notice published in the Gazette as the VMS administrator for the purposes of these regulations;
VMS unit means that component of a vessel monitoring system known as an automatic location communicator.
(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.
(3)The Minister may, by notice published in the Gazette, approve or revoke an approval of—
(a)a VMS unit; or
(b)a person as an installer of approved VMS units,
for the purposes of these regulations.
4—Requirement to install VMS unit
(1)The registered owner of a registered boat must ensure that the boat is fitted with an approved VMS unit installed by an approved installer.
Maximum penalty: $5 000.
Expiation fee: $315.
(2)If a registered boat to which an approved VMS unit is fitted is used to take sardines under a fishery authority in respect of the Marine Scalefish Fishery subject to a condition fixing a sardine quota entitlement, the registered owner of the boat must ensure that a personal computer or data terminal capable of sending and receiving email via Inmarsat‑C is connected to the VMS unit.
Maximum penalty: $5 000.
Expiation fee: $315.
(3)This regulation does not apply in relation to a registered boat that is only used for 1 or both of the following purposes:
(a)the transportation of persons, fish or devices to or from another registered boat;
(b)the setting of sardine nets.
5—Requirement to ensure operation of VMS unit during fishing season
(1)The registered owner of a registered boat to which an approved VMS unit is fitted must ensure that the VMS unit is operating at all times during a fishing season.
Maximum penalty: $5 000.
Expiation fee: $315.
(2)If a personal computer or data terminal is connected to a VMS unit fitted to a registered boat, the registered owner of the boat must ensure that, at all times while the VMS unit is in operation, the personal computer or data terminal is operating and able to send and receive email via Inmarsat‑C.
Maximum penalty: $5 000.
Expiation fee: $315.
(3)The registered owner of the registered boat must take reasonable measures to ensure that, if the VMS unit, or a personal computer or data terminal connected to the VMS unit, ceases to operate, he or she is made aware of that fact.
Maximum penalty: $5 000.
Expiation fee: $315.
(4)The registered owner of the registered boat must, immediately after becoming aware that the VMS unit has ceased to operate, notify the Minister of that fact.
Maximum penalty: $5 000.
Expiation fee: $315.
(5)This regulation does not apply to the registered owner of the registered boat while there is in force an approval under regulation 6 for the VMS unit to be switched off or in sleep mode.
6—Approval for VMS unit to be switched off or placed in sleep mode
(1)The registered owner of a registered boat to which an approved VMS unit is fitted may, with the written approval of the Minister, cease to operate the VMS unit by switching off the VMS unit or placing the VMS unit in sleep mode.
(2)If a VMS unit is switched off or placed in sleep mode under subregulation (1), a personal computer or data terminal connected to the VMS unit may be switched off.
(3)An approval under this regulation—
(a)is subject to—
(i)a condition that the registered owner of the registered boat must not, while the VMS unit is switched off or in sleep mode, use the boat for the purpose of engaging in a prescribed fishing activity; and
(ii)such other conditions (if any) as are specified in the approval; and
(b)expires at the end of the period specified in the approval.
(4)If a condition of an approval under this regulation is contravened or not complied with, the registered owner of the registered boat is guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $315.
(5)If a condition of an approval under this regulation is contravened or not complied with, the Minister may, by notice given to the registered owner of the registered boat, revoke the approval.
(6)Notice of the revocation of an approval may be given in any manner that the Minister considers appropriate (but must, if not given in writing, be confirmed in writing).
(7)If the VMS unit fitted to a registered boat has been switched off or placed in sleep mode, the registered owner of the boat must, before using the boat for the purpose of engaging in a prescribed fishing activity, ensure that—
(a)the VMS unit has been switched on; and
(b)the operation of the VMS unit has been tested; and
(c)the VMS administrator has confirmed that the VMS unit is operating.
Maximum penalty: $5 000.
Expiation fee: $315.
(8)If—
(a)the VMS unit fitted to a registered boat has been switched off or placed in sleep mode; and
(b)a personal computer or data terminal connected to the VMS unit has been switched off,
the registered owner of the boat must, before using the boat for the purpose of engaging in a prescribed fishing activity, ensure that—
(c)the personal computer or data terminal is switched on; and
(d)the ability of the personal computer or data terminal to send and receive email via Inmarsat‑C has been tested; and
(e)the VMS administrator has confirmed that the personal computer or data terminal is able to send and receive email via Inmarsat‑C.
Maximum penalty: $5 000.
Expiation fee: $315.
7—Requirement to test and confirm operation of VMS unit following servicing or repairing of boat
If a registered boat to which an approved VMS unit is fitted undergoes servicing or repairs while the VMS unit is switched on, the registered owner of the boat must, before using the boat for the purpose of engaging in a prescribed fishing activity, ensure that—
(a)the operation of the VMS unit has been tested; and
(b)the VMS administrator has confirmed that the VMS unit is operating.
Maximum penalty: $5 000.
Expiation fee: $315.
8—Power of Minister to require modification or replacement of VMS unit
(1)The Minister may, by notice in writing given to the registered owner of a registered boat to which an approved VMS unit is fitted, require the registered owner to modify or replace the VMS unit within a specified period (being a period that is not less than 90 days from the date on which the notice is given).
(2)The registered owner of a registered boat to whom a notice is given under subregulation (1) must not fail to comply with the requirements of the notice.
Maximum penalty: $5 000.
Expiation fee: $315.
9—VMS unit not to be installed, serviced, repaired etc except by approved installer
(1)A person other than an approved installer must not—
(a)install a VMS unit on a registered boat; or
(b)attach a seal to a VMS unit fitted to a registered boat; or
(c)service or repair a VMS unit fitted to a registered boat; or
(d)remove or interfere with—
(i)a VMS unit fitted to a registered boat; or
(ii)a seal on a VMS unit fitted to a registered boat.
Maximum penalty: $5 000.
Expiation fee: $315.
(2)If subregulation (1) is contravened, the registered owner of the registered boat is guilty of an offence unless he or she proves that the contravention did not result from any failure on his or her part to take all reasonable and practicable measures to prevent the contravention.
Maximum penalty: $5 000.
Expiation fee: $315.
(3)The Minister, a fisheries officer or the VMS administrator may give directions with respect to the testing, servicing or repair of an approved VMS unit fitted to a registered boat to an approved installer or to the registered master or registered owner of the boat.
(4)Subregulation (1) does not apply in relation to anything done in compliance with a direction given by the Minister, a fisheries officer or the VMS administrator under this regulation.
10—Requirement to ensure alternative means of communication with boat
(1)The registered owner of a registered boat to which an approved VMS unit is fitted must ensure that—
(a)there is on the boat a radio, telephone or other means of instantaneous electronic communication (alternative means of communication) capable of providing communication between the boat's crew and a fisheries officer or the VMS administrator at all times during a fishing season; and
(b)the Minister is notified in writing of the call sign or other identifier that enables the boat's crew to be contacted by the alternative means of communication on the boat; and
(c)the Minister is provided in writing with the name and contact details of a person (the nominated contact person) that the Minister may contact if the Minister has reason to believe that the VMS unit has ceased to operate or that the boat's crew cannot be contacted directly by a fisheries officer or the VMS administrator; and
(d)the alternative means of communication on the boat is operating at all times during a fishing season; and
(e)any direction given by a fisheries officer or the VMS administrator in respect of the alternative means of communication on the boat is complied with.
Maximum penalty: $5 000.
Expiation fee: $315.
(2)The registered owner of the registered boat must, within 14 days of any change in the name or contact details of the nominated contact person, notify the Minister in writing of the new name or contact details, as the case may require.
Maximum penalty: $250.
Expiation fee: $80.
(3)If—
(a)the VMS administrator has reason to believe that a VMS unit fitted to a registered boat has ceased to operate; and
(b)the VMS administrator is unable to contact the boat's crew,
the VMS administrator may notify the nominated contact person that the VMS unit is not operating.
(4)If the VMS administrator notifies the nominated contact person for a registered boat that the VMS unit fitted to the boat is not operating, the person must immediately inform the registered master of the boat by the alternative means of communication on the boat that the VMS unit is not operating.
Maximum penalty: $5 000.
Expiation fee: $315.
(5)It is a defence in proceedings for an offence against subregulation (4) for the defendant to prove that communication using the alternative means of communication on a boat was not able to be carried out because of a systems failure beyond the control of any person.
11—Power of Minister to require manual reporting of vessel data etc
(1)If the Minister is notified or becomes aware that the VMS unit fitted to a registered boat has ceased to operate, the Minister may give the registered owner or registered master of the boat such directions as the Minister considers necessary to ensure that the activities of the boat are able to be monitored.
(2)Without limiting subregulation (1), the directions may include directions—
(a)requiring the geographical position and course of the boat to be notified to a fisheries officer at specified intervals during a specified period by the alternative means of communication on the boat;
(b)requiring the boat to be moved to a specified port.
(3)Directions given under this regulation may be given in such manner as the Minister considers appropriate (but must, if not given in writing, be confirmed in writing).
12—Requirement to comply with directions
A person must not, without reasonable excuse, fail to comply with any directions given to the person by the Minister, a fisheries officer or the VMS administrator under these regulations.
Maximum penalty: $5 000.
Expiation fee: $315.
Legislative history
Notes
•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations
The Fisheries Management (Vessel Monitoring Scheme) Regulations 2007 were revoked by Sch 1 of the Fisheries Management (Vessel Monitoring Scheme) Regulations 2017 on 15.1.2018.
Legislation revoked by principal regulations
The Fisheries Management (Vessel Monitoring Scheme) Regulations 2007 revoked the following:
Fisheries (Vessel Monitoring Scheme) Regulations 2003
Principal regulations and variations
Year No Reference Commencement 2007 274 Gazette 29.11.2007 p4423 1.12.2007: r 2 2013 217 Gazette 29.8.2013 p3684 1.9.2013: r 2 2016 35 Gazette 26.5.2016 p1899 31.5.2016: r 2 2016 293 Gazette 15.12.2016 p5046 1.1.2017: r 2 Provisions varied
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 1.9.2013 r 3 r 3(1) fishing season varied by 217/2013 r 4(1) 1.9.2013 substituted by 35/2016 r 4 31.5.2016 prescribed fishing activity varied by 217/2013 r 4(2) 1.9.2013 varied by 293/2016 r 4(1), (2) 1.1.2017 registered boat varied by 217/2013 r 4(3) 1.9.2013 varied by 293/2016 r 4(3), (4) 1.1.2017 r 3(2) varied by 217/2013 r 4(4) 1.9.2013 substituted by 293/2016 r 4(5) 1.1.2017 Sch 1 omitted under Legislation Revision and Publication Act 2002 1.9.2013 Historical versions
1.9.2013 31.5.2016
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