Fisheries (Scheme of Management—Abalone Fisheries) Variation Regulations 2005 (SA)

South Australia

Fisheries (Scheme of Management—Abalone Fisheries) Variation Regulations 2005

under the Fisheries Act 1982

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Fisheries (Scheme of Management—Abalone Fisheries) Regulations 1991

1. Variation of regulation 13—Individual catch quota system—Western Zone

2. Variation of regulation 13A—Individual catch quota system—Central Zone

3. Variation of regulation 13B—Individual catch quota system—Southern Zone

4. Variation of regulation 13C—Catch and disposal records

Part 1—Preliminary

1—Short title

These regulations may be cited as the Fisheries (Scheme of Management—Abalone Fisheries) Variation Regulations 2005.

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 (Scheme of Management—Abalone Fisheries) Regulations 1991

4—Variation of regulation 13—Individual catch quota system—Western Zone

1. Regulation 13(2)—after paragraph (g) insert:

   (ga)if the total catch of abalone of a particular class taken pursuant to a licence in region A during a particular prescribed period was less than the abalone quota of the licence in respect of that region, class of abalone and prescribed period, the Director may vary the conditions of the licence so as—

   (i)to increase the quota in respect of that region and class of abalone by 1 kilogram of abalone meat for each kilogram by which the catch fell short of the quota (but in any case by not more than 20 kilograms); and

   (ii)to prohibit the transfer of the additional quota to another licence;

   (gb)if the total catch of abalone taken pursuant to a licence in region B during a particular prescribed period was less than the abalone quota of the licence in respect of that region and prescribed period, the Director may vary the conditions of the licence so as—

   (i)to increase the quota in respect of that region by 1 kilogram of abalone meat for each kilogram by which the catch fell short of the quota (but in any case by not more than 20 kilograms); and

   (ii)to prohibit the transfer of the additional quota to another licence;

2. Regulation 13(2)(i)(ii)—after "(g)" insert:

   , (ga), (gb)

3. Regulation 13—after subregulation (2) insert:

   (2a)For the purposes of subregulation (2)(ga) or (gb), in determining whether the total catch of abalone during a particular prescribed period was less than the abalone quota of the licence in respect of that period, any increase in the abalone quota of the licence applying during that period as a result of a variation made under that subregulation will be taken not to form part of the abalone quota of the licence.

5—Variation of regulation 13A—Individual catch quota system—Central Zone

1. Regulation 13A(2)—after paragraph (d) insert:

   (da)if the total catch of abalone of a particular class taken pursuant to a licence in respect of the fishery during a particular prescribed period was less than the abalone quota of the licence in respect of that class of abalone and prescribed period, the Director may vary the conditions of the licence so as—

   (i)to increase the quota in respect of that class of abalone by 1 kilogram of abalone meat for each kilogram by which the catch fell short of the quota (but in any case by not more than 20 kilograms); and

   (ii)to prohibit the transfer of the additional quota to another licence;

2. Regulation 13A(2)(f)(ii)—after "paragraph (d)" insert:

   , (da)

3. Regulation 13A—after subregulation (2) insert:

   (2a)For the purposes of subregulation (2)(da), in determining whether the total catch of abalone during a particular prescribed period was less than the abalone quota of the licence in respect of that period, any increase in the abalone quota of the licence applying during that period as a result of a variation made under that subregulation will be taken not to form part of the abalone quota of the licence.

6—Variation of regulation 13B—Individual catch quota system—Southern Zone

1. Regulation 13B(2)—after paragraph (e) insert:

   (ea)if the total catch of abalone of a particular class taken pursuant to a licence in a fishing zone during a particular prescribed period was less than the abalone quota of the licence in respect of that class of abalone, fishing zone and prescribed period, the Director may vary the conditions of the licence so as—

   (i)to increase the quota in respect of that class of abalone and fishing zone by 1 kilogram of abalone meat for each kilogram by which the catch fell short of the quota (but in any case by not more than 20 kilograms); and

   (ii)to prohibit the transfer of the additional quota to another licence;

2. Regulation 13B(2)(g)(ii)—after "paragraph (e)" insert:

   , (ea)

3. Regulation 13B—after subregulation (2) insert:

   (2a)For the purposes of subregulation (2)(ea), in determining whether the total catch of abalone during a particular prescribed period was less than the abalone quota of the licence in respect of that period, any increase in the abalone quota of the licence applying during that period as a result of a variation made under that subregulation will be taken not to form part of the abalone quota of the licence.

7—Variation of regulation 13C—Catch and disposal records

1. Regulation 13C(2)(a)—delete "triplicate" and substitute:

   duplicate

2. Regulation 13(2)(c)—delete paragraph (c).

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's Deputy

with the advice and consent of the Executive Council

on 10 February 2005

No 8 of 2005

MAFF04/0033CS