Fisheries (Scheme of Management—Rock Lobster Fisheries) Variation Regulations 2005 (SA)
South Australia
Fisheries (Scheme of Management—Rock Lobster Fisheries) Variation Regulations 2005
under the Fisheries Act 1982
Contents
Part 1—Preliminary
Short title
Commencement
Variation provisions
Part 2—Variation of Fisheries (Scheme of Management—Rock Lobster Fisheries) Regulations 1991
Variation of regulation 4—Interpretation
Variation of regulation 8—Renewal of licences
Variation of regulation 10—Registration of boats
Variation of regulation 11—Use of second registered boat
Insertion of regulation 11A
11AObligation of registered master to notify Director of use of bait nets
Variation of regulation 14—Rock lobster pot entitlement
Variation of regulation 14AA—Individual rock lobster catch quota system—Northern Zone
Variation of regulation 14A—Individual rock lobster catch quota system—Southern Zone
Variation of regulation 14B—Individual giant crab catch quota system
Variation of regulation 14D—Disposal of rock lobster and giant crab
Variation of regulation 14E—Catch and disposal records—Northern Zone
Insertion of regulations 14F and 14G
14FCatch and disposal records (rock lobster)—Southern Zone
14GCatch and disposal records (giant crab)—Southern Zone
Part 1—Preliminary
1—Short title
These regulations may be cited as the Fisheries (Scheme of Management—Rock Lobster 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—Rock Lobster Fisheries) Regulations 1991
4—Variation of regulation 4—Interpretation
Regulation 4(1), definition of CDR book—delete the definition and substitute:
bait net has the same meaning as in the Fisheries (General) Regulations 2000;
Regulation 4(1)—after the definition of current company extract insert:
Department means the administrative unit of the Public Service responsible, through the Minister, for the administration of the Act;
GC-CDR book means the document issued by the Department containing GC-CDR forms;
GC-CDR form means the form produced by the Department entitled Giant Crab Catch and Disposal Record;
Regulation 4(1)—after the definition of licence period insert:
mesh net has the same meaning as in the Fisheries (General) Regulations 2000;
Regulation 4(1), definition of NZRL-CDR form—delete the definition and substitute:
NZRL-CDR book means the document issued by the Department containing NZRL-CDR forms;
NZRL-CDR form means the form produced by the Department entitled Northern Zone Rock Lobster Catch and Disposal Record;
Regulation 4(1)—after the definition of SARDI insert:
South Australian licence means a licence in respect of the Southern Zone Rock Lobster Fishery;
Regulation 4(1)—after the definition of Southern Zone insert:
SZRL1-CDR book means the document issued by the Department containing SZRL1-CDR forms;
SZRL1-CDR form means the form produced by the Department entitled Southern Zone Rock Lobster Catch and Disposal Record;
5—Variation of regulation 8—Renewal of licences
Regulation 8(4a)—delete subregulation (4a)
6—Variation of regulation 10—Registration of boats
Regulation 10(2)—delete subregulation (2) and substitute:
(2)Before granting registration of the boat the Director must be satisfied that—
(a)the applicant is the holder of a licence in respect of the fishery; and
(b)the boat in respect of which the application is made is not already registered by endorsement of any licence in respect of a rock lobster fishery; and
(c)no more than 1 other boat is registered by endorsement of the applicant's licence in respect of the fishery.
7—Variation of regulation 11—Use of second registered boat
Regulation 11(1)—delete "the Northern Zone Rock Lobster Fishery" and substitute:
a rock lobster fishery
8—Insertion of regulation 11A
After regulation 11 insert:
11A—Obligation of registered master to notify Director of use of bait nets
Before a bait net registered for use pursuant to a licence in respect of a rock lobster fishery is set in waters from a registered boat used pursuant to the licence, the registered master of the registered boat must ensure that the Director is notified by telephone of—
(a)his or her name; and
(b)the number of the licence pursuant to which the bait net is to be used; and
(c)the location at which the bait net is to be set; and
(d)the time at which the bait net is to be set; and
(e)the period of time for which the bait net is to be left in waters; and
(f)the species of fish that are to be targeted using the bait net.
Penalty: Division 11 fine.
Expiation fee: Division 11 fee.
9—Variation of regulation 14—Rock lobster pot entitlement
Regulation 14(1)(a)(i)—delete "70" and substitute:
100
Regulation 14(1)(a)(i)—delete "25" and substitute:
20
Regulation 14(1)(g)—delete "25" first and second occurring and substitute in each case:
20
Regulation 14(1)(g)—delete "except to a number not less than 25"
Regulation 14(1a)—delete "25" and substitute:
20
Regulation 14—after subregulation (1a) insert:
(1b)The holder of a licence in respect of the Southern Zone Rock Lobster Fishery must not, for the purpose of trade or business, engage in a fishing activity of a class that constitutes the Fishery while the rock lobster pot entitlement endorsed on the licence is less than 40.
Penalty: Division 6 fine.
Expiation fee: Division 6 fee.
10—Variation of regulation 14AA—Individual rock lobster catch quota system—Northern Zone
Regulation 14AA(3)—delete "400" and substitute:
320
11—Variation of regulation 14A—Individual rock lobster catch quota system—Southern Zone
Regulation 14A(1)—after the definition of the fishery insert:
prescribed period means the period of 12 months commencing on 1 October in any year;
Regulation 14A(1), definition of rock lobster quota—delete "licence period" wherever occurring and substitute in each case:
prescribed period
Regulation 14A(1), definition of rock lobster quota, paragraph (b)—delete "licence year" and substitute:
prescribed period
Regulation 14A(1), definition of unit value—delete "licence period" and substitute:
prescribed period
Regulation 14A(2)—delete subregulation (2) and substitute:
(2)The Director may vary conditions on licences in respect of the fishery fixing rock lobster quotas as follows:
(a)the Director must, on or before the commencement of each prescribed period, determine the number of kilograms of rock lobster that is to be the value of a rock lobster unit for the fishery and the prescribed period;
(b)the conditions of any 2 licences in respect of the fishery may, on application made to the Director by the holders of those licences in a manner and form approved by the Director, be varied so as to increase the unit entitlement of one of the licences and decrease the unit entitlement of the other licence by a corresponding number of units;
(c)the Director may, if the total rock lobster catch taken pursuant to a licence during a prescribed period exceeded the rock lobster quota of the licence for that prescribed period, vary the conditions of the licence so as to decrease the quota—
(i)where the catch exceeded the quota by not more than 20 kilograms of rock lobster—by 1 kilogram for each kilogram in excess of the quota; or
(ii)where the catch exceeded the quota by more than 20 kilograms but not more than 50 kilograms of rock lobster—by 2 kilograms for each kilogram in excess of the quota;
(d)any variation of—
(i)a unit entitlement made pursuant to paragraph (b); or
(ii)a rock lobster quota made pursuant to paragraph (c),
must be expressed to apply only for the prescribed period during which the variation is made;
(e)unit entitlements and rock lobster quotas must not be varied except as provided by this regulation.
Regulation 14A(3)—delete "licence periods" and substitute:
prescribed periods
Regulation 14A(3)—delete "licence period" and substitute:
prescribed period
12—Variation of regulation 14B—Individual giant crab catch quota system
Regulation 14B(1)—after the definition of Miscellaneous Fishery insert:
prescribed period—
(a)in relation to the Northern Zone Rock Lobster Fishery—means the period of 12 months commencing on 1 November in any year;
(b)in relation to the Southern Zone Rock Lobster Fishery—means the period of 12 months commencing on 1 October in any year;
Regulation 14B(2)—delete subregulation (2)
Regulation 14B(3)(a) to (e)—delete paragraphs (a) to (e) inclusive and substitute:
(a)the Director must, on or before the commencement of each prescribed period, determine the number of kilograms of giant crab that is to be the value of a giant crab unit for a rock lobster fishery and the prescribed period;
Regulation 14B(3)(i)—delete "licence period" wherever occurring and substitute in each case:
prescribed period
Regulation 14B(3)(j)—delete "licence period" and substitute:
prescribed period
Regulation 14B(4)—delete "licence periods" and substitute:
prescribed periods
Regulation 14B(4)—delete "licence period" and substitute:
prescribed period
Regulation 14B(6)—delete subregulation (6)
13—Variation of regulation 14D—Disposal of rock lobster and giant crab
Regulation 14D(1)—delete subregulation (1) and substitute:
(1)Subject to subregulation (2), the holder of a licence in respect of a rock lobster fishery must ensure that all rock lobster and giant crab taken pursuant to the licence are consigned or delivered to a registered fish processor.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
14—Variation of regulation 14E—Catch and disposal records—Northern Zone
Regulation 14E(2)(f)—delete "CDR book" first occurring and substitute:
NZRL-CDR book
Regulation 14E(2)(f)—delete "the CDR book is completed" and substitute:
all the NZRL-CDR forms in the NZRL-CDR book are completed
15—Insertion of regulations 14F and 14G
After regulation 14E insert:
14F—Catch and disposal records (rock lobster)—Southern Zone
(1)Subject to subregulation (2), if rock lobster is taken pursuant to a South Australian licence, the holder of the licence or the registered master of the registered boat from which the rock lobster was taken must ensure that—
(a)at least 1 hour before the rock lobster is removed from the registered boat from which it was taken, the Director is notified by telephone of—
(i)the name of the person making the telephone call; and
(ii)the number of the licence pursuant to which the rock lobster was taken; and
(iii)the certification station at which the rock lobster is to be weighed; and
(iv)the estimated time of arrival of the rock lobster at that certification station; and
(v)whether any rock lobster is to be stored on board a registered boat used pursuant to the licence after the boat is landed; and
(b)the Director is notified of any change in the estimated time of arrival of the rock lobster at the certification station if it appears likely to the holder of the licence or the registered master that the rock lobster will arrive at the certification station earlier than the estimated time previously notified to the Director or more than 30 minutes after that time.
(2)Subregulation (1) does not apply if the rock lobster is to be weighed at a certification station nominated by the Director by notice in the Gazette between the hours specified in the notice.
(3)The holder of a South Australian licence or the registered master of a registered boat used pursuant to a South Australian licence must comply with the following provisions:
(a)if rock lobster taken pursuant to a Victorian licence is on board a registered boat used pursuant to the South Australian licence when the boat enters the Southern Zone, he or she must immediately complete Part C of a SZRL1-CDR form in respect of the rock lobster;
(b)before rock lobster taken pursuant to the South Australian licence is removed from the registered boat from which it was taken, he or she must complete Part A of a SZRL1-CDR form in respect of the rock lobster;
(c)immediately after a registered boat used pursuant to the South Australian licence is landed, he or she must remove from the boat any rock lobster that is not to be stored on the boat;
(d)he or she must ensure that rock lobster removed from a registered boat is delivered to the nearest certification station within 10 minutes of being removed from the boat;
(e)immediately after rock lobster taken pursuant to the South Australian licence is delivered to the certification station, he or she must weigh the rock lobster and complete Part B of the SZRL1-CDR form in respect of the rock lobster;
(f)immediately after rock lobster taken pursuant to a Victorian licence is delivered to the certification station, he or she must weigh the rock lobster and complete Part D of the SZRL1-CDR form in respect of the rock lobster;
(g)before the rock lobster is removed from the certification station, he or she must deposit the white copy of the SZRL1-CDR form completed in respect of the rock lobster in the locked container provided for that purpose;
(h)subject to paragraph (j), he or she must ensure that the SZRL1-CDR book is kept on board the registered boat from which the rock lobster was taken until all the SZRL1-CDR forms in the book are completed;
(i)he or she must delivered a completed SZRL1-CDR book to the Director within 14 days of its completion;
(j)if, at the end of a fishing season, a SZRL1-CDR book kept on board a registered boat has not been completed, he or she must return the book to the Director within 14 days after the end of the fishing season.
(4)If subregulation (1) or (3) is not complied with, the holder of the licence is guilty of an offence.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
(5)In this regulation—
fishing season means a period commencing on 1 October in any year and ending on 30 April in the following year.
14G—Catch and disposal records (giant crab)—Southern Zone
(1)Subject to subregulation (2), if giant crab is taken pursuant to a licence in respect of the Southern Zone Rock Lobster Fishery endorsed with a condition fixing a giant crab quota on the licence, the holder of the licence or the registered master of the registered boat from which the giant crab is taken must ensure that—
(a)at least 1 hour before the giant crab is removed from the registered boat from which it was taken, the Director is notified by telephone of—
(i)the name of the person making the telephone call; and
(ii)the number of the licence pursuant to which the giant crab was taken; and
(iii)the certification station at which the giant crab is to be weighed; and
(iv)the estimated time of arrival of the giant crab at that certification station; and
(v)whether any giant crab is to be stored on a registered boat used pursuant to the licence after the boat is landed; and
(b)the Director is notified of any change in the estimated time of arrival of the giant crab at the certification station if it appears likely to the holder of the licence or the registered master that the giant crab will arrive at the certification station earlier than the estimated time previously notified to the Director or more than 30 minutes after that time.
(2)Subregulation (1) does not apply if the giant crab is to be weighed at a certification station nominated by the Director by notice in the Gazette between the hours specified in the notice.
(3)The holder of a licence in respect of the Southern Zone Rock Lobster Fishery endorsed with a condition fixing a giant crab quota on the licence or the registered master of a registered boat used to take giant crab pursuant to such a licence must comply with the following provisions:
(a)before giant crab taken pursuant to the licence is removed from the registered boat from which it was taken, he or she must complete Part A of a GC-CDR form in respect of the giant crab;
(b)immediately after a registered boat used pursuant to the licence is landed, he or she must remove from the boat any giant crab that is not to be stored on the boat;
(c)he or she must ensure that the GC-CDR book is kept on board the registered boat from which the giant crab was taken until all the GC-CDR forms in the book are completed;
(d)he or she must deliver a completed GC-CDR book to the Director within 14 days of its completion.
(4)If subregulation (1) or (3) is not complied with, the holder of the licence is guilty of an offence.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
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 20 October 2005
No 221 of 2005
MAFF05/0029CS
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