Fisheries (Vessel Monitoring Scheme) Variation Regulations 2005 (SA)
South Australia
Fisheries (Vessel Monitoring Scheme) Variation Regulations 2005
under the Fisheries Act 1982
Contents
Part 1—Preliminary
Short title
Commencement
Variation provisions
Part 2—Variation of Fisheries (Vessel Monitoring Scheme) Regulations 2003
Variation of regulation 3—Interpretation
Variation of regulation 4—Requirement to install VMS unit
Variation of regulation 5—Requirement to ensure operation of VMS unit during fishing season
Variation of regulation 6—Approval for VMS unit to be switched off or placed in sleep mode
Part 1—Preliminary
1—Short title
These regulations may be cited as the Fisheries (Vessel Monitoring Scheme) Variation Regulations 2005.
2—Commencement
These regulations will come into operation on 1 October 2005.
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 (Vessel Monitoring Scheme) Regulations 2003
4—Variation of regulation 3—Interpretation
Regulation 3(1), definition of fishing season—delete the definition and substitute:
fishing season—
(a)in relation to the Marine Scalefish Fishery—means the period commencing on 1 January in any year and ending on 31 December in the same year;
(b)in relation to the Miscellaneous Fishery—means the period commencing on 1 October in any year and ending on 31 May in the following year;
(c)in relation to the Northern Zone Rock Lobster Fishery—means the period commencing on 1 November in any year and ending on 31 May in the following year;
Inmarsat-C means the Inmarsat-C satellite system;
Regulation 3(1), definitions of prescribed fishing activity and registered boat—delete the definitions and substitute:
prescribed fishing activity—
(a)in relation to a licence in respect of the Marine Scalefish Fishery—means the taking of pilchards in coastal waters for the purpose of trade or business;
(b)in relation to a licence in respect of the Miscellaneous Fishery—means the taking of giant crab in a giant crab fishing zone for the purpose of trade or business;
(c)in relation to a licence in respect of the Northern Zone Rock Lobster Fishery—means the taking of rock lobster in the Northern Zone for the purpose of trade or business;
registered boat means—
(a)a registered boat used pursuant to a licence in respect of the Marine Scalefish Fishery endorsed with a condition fixing a pilchard quota on the licence; or
(b)a registered boat used pursuant to a licence in respect of the Miscellaneous Fishery endorsed with a condition fixing a giant crab quota on the licence; or
(c)a registered boat used pursuant to a licence in respect of the Northern Zone Rock Lobster Fishery;
Regulation 3(2)—delete subregulation (2) and substitute:
(2)Unless the contrary intention appears—
(a)terms used in these regulations that are defined in the Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 1991 have the same respective meanings as in those regulations;
(b)terms used in these regulations that are defined in the Fisheries (Scheme of Management—Miscellaneous Fishery) Regulations 2000 have the same respective meanings as in those regulations;
(c)terms used in these regulations that are defined in the Fisheries (Scheme of Management—Rock Lobster Fisheries) Regulations 1991 have the same respective meanings as in those regulations.
(2a)In these regulations, 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.
5—Variation of regulation 4—Requirement to install VMS unit
Regulation 4—after its present contents (now to be designated as subregulation (1)) insert:
(2)If a registered boat to which an approved VMS unit is fitted is used to take pilchards pursuant to a licence in respect of the Marine Scalefish Fishery endorsed with a condition fixing a pilchard quota on the licence, the registered owner of the boat must ensure that a personal computer or data terminal capable of sending and receiving e-mail via Inmarsat-C is connected to the VMS unit.
Penalty: Division 6 fine.
Expiation fee: Division 6 fee.
6—Variation of regulation 5—Requirement to ensure operation of VMS unit during fishing season
Regulation 5—after subregulation (1) insert:
(1a)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 e-mail via Inmarsat-C.
Penalty: Division 6 fine.
Expiation fee: Division 6 fee.
Regulation 5(2)—after "VMS unit" insert:
, or a personal computer or data terminal connected to the VMS unit,
7—Variation of regulation 6—Approval for VMS unit to be switched off or placed in sleep mode
Regulation 6—after subregulation (1) insert:
(1a)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.
Regulation 6—after subregulation (6) insert:
(7)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 e-mail 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 e-mail via Inmarsat-C.
Penalty: Division 6 fine.
Expiation fee: Division 6 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 29 September 2005
No 206 of 2005
MAFF05/0013CS
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