Fisheries Management (Vongole Fishery) (Quota) Amendment Regulations 2022 (SA)

South Australia

Fisheries Management (Vongole Fishery) (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 (Vongole Fishery) Regulations 2021

3            Amendment of regulation 9—Individual vongole catch quota system

Part 1—Preliminary

1—Short title

These regulations may be cited as the Fisheries Management (Vongole Fishery) (Quota) Amendment Regulations 2022.

2—Commencement

These regulations come into operation on 1 July 2022.

Part 2—Amendment of Fisheries Management (Vongole Fishery) Regulations 2021

3—Amendment of regulation 9—Individual vongole catch quota system

1. Regulation 9(1)—before the definition of Marine Scalefish Fishery insert:

   following quota period, in relation to a first quota period and the holder of a licence in respect of the fishery, means the next quota period during which vongole may be taken by the holder of the licence following the first quota period;

2. Regulation 9(3)(b)—delete paragraph (b)

3. Regulation 9(3)(f) and (g)—delete paragraphs (f) and (g) and substitute:

   (f)if the total catch of vongole taken by the holder of a licence in respect of the fishery subject to a condition fixing a vongole quota entitlement in respect of a particular vongole 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 vongole 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 vongole quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) by 1 kilogram of vongole for each kilogram by which the catch fell short of the vongole 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 vongole taken by the holder of a licence in respect of the fishery subject to a condition fixing a vongole quota entitlement in respect of a particular vongole fishing zone during a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the vongole 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 vongole 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 vongole for each kilogram taken in excess of the quota entitlement;

4. Regulation 9—after subregulation (4) insert:

   (4a)For the purposes of—

   (a)subregulation (3)(f)(i) and (ii); and

   (b)subregulation (3)(g)(i) and (ii),

   the following must be disregarded:

   (c)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 made under subregulation (3)(e);

   (d)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 (3)(f)(i) or (ii).

   (4b)A variation of a quota entitlement under subregulation (3)(f) or (g) must be expressed to apply only for the quota period during which the variation is made.

   (4c)An application under subregulation (3)(c) or (d) may not be made in respect of vongole units allocated to the licence under subregulation (3)(f).

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 40 of 2022