South Australian Consolidated Regulations South Australian Consolidated Regulations (1) In these
regulations, unless the contrary intention appears—
"Act" means the Fisheries Management Act 2007 ;
"bait net" means a fish net that—
(a) is
not more than 150 m in length; and
(b) has
a mesh size of not less than 30 mm and not more than 150 mm;
"Blacklip Abalone" means Haliotis rubra;
"Blue Swimmer Crab" means Portunus pelagicus;
"Catfish" means Arius spp;
"Central Zone Abalone Fishery" means the fishery of that name constituted by
the Fisheries Management (Abalone Fisheries) Regulations 2006 ;
"Charter Boat Fishery" means the fishery constituted by the
Fisheries Management (Charter Boat Fishery) Regulations 2005 ;
"cm" means centimetre;
"coastal waters" does not include Coorong (area 1), Coorong (area 2) and Lake
George;
"cockle rake" means a device designed to be held in the hand and consisting of
a pole at 1 end of which is attached—
(a) a
cross-bar with teeth; or
(b) a
cross-bar with a net in the form of a bag or cone; or
(c) a
cross-bar with teeth and a net in the form of a bag or cone;
"Coorong" means that area of water separated from the Lower Murray, and from
Lake Alexandrina, by the Goolwa, Mundoo, Boundary Creek, Ewe Island and
Tauwitchere Barrages, and separated from the ocean by Sir Richard Peninsula
and Younghusband Peninsula, and by the geodesic from the location on
Mean High Water Springs closest to the mouth of the River Murray on the
northern side of the headland of Sir Richard Peninsula to the location on
Mean High Water Springs closest to the northern side of the headland of
Younghusband Peninsula;
"Coorong (area 1)" means the waters of the Coorong separated from the Lower
Murray, and from Lake Alexandrina, by the Goolwa, Mundoo, Boundary Creek, Ewe
Island and Tauwitchere Barrages, separated from the waters of the Coorong
south east of Tauwitchere Barrage by the geodesic from the location on
Mean High Water Springs closest to 35°35′37.17″ South,
139°01′26.49″ East (Pelican Point) to the location on
Mean High Water Springs closest to 35°35′40.60″ South,
139°00′44.56″ East (Gnurlung Point), and separated from the
ocean by Sir Richard Peninsula and Younghusband Peninsula, and by the geodesic
from the location on Mean High Water Springs closest to the mouth of the River
Murray on the northern side of the headland of Sir Richard Peninsula to the
location on Mean High Water Springs closest to the northern side of the
headland of Younghusband Peninsula;
"Coorong (area 2)" means the waters of the Coorong south east of the geodesic
from the location on Mean High Water Springs closest to
35°35′37.17″ South, 139°01′26.49″ East
(Pelican Point) to the location on Mean High Water Springs closest to
35°35′40.60″ South, 139°00′44.56″ East
(Gnurlung Point), and separated from the ocean by Younghusband Peninsula;
"Coorong coastal waters" means the coastal waters from the location on
Mean High Water Springs closest to 35°31′23.50″ South,
138°46′23.83″ East (Beach Road, Goolwa) to the location on
Mean High Water Springs closest to 36°49′34.59″ South,
139°50′55.95″ East (Kingston SE jetty);
"corf" includes any floating or submerged holding box or container used to
hold live fish;
"crab net" means a device used to take crabs (Family Portunidae) consisting of
a drop net or a net in the form of a bag or cone attached to a hoop at its
opening;
"crab pot" means a fish trap that—
(a) is
designed and constructed for the purpose of taking Blue Swimmer Crabs; and
(b) has
a maximum height of 650 mm; and
(c) has
a maximum diameter of 2 m; and
(d) is
covered with a fish net that has—
(i)
a minimum mesh size of 75 mm; or
(ii)
an escape panel that has a minimum mesh size of 75 mm and
is at least 700 mm by 300 mm;
"crab rake" means a device designed to be held in the hand and consisting of a
pole at 1 end of which is attached—
(a) a
cross-bar with teeth; and
(b) a
circular metal framed mesh;
"Cuttlefish" means Sepia spp;
"depth", in relation to a net, means the distance from the cork line, buoyant
line or other line on which the net is slung to the lead line or to the bottom
of the net if there is no lead line such distance to be measured when the cork
line, buoyant line or other line on which the net is slung is taut and the
lead line or the bottom of the net, if there is no lead line, is hanging free
and out of water;
"dip tin" means a perforated open metal basket that—
(a) has
a handle; and
(b) has
perforations of 8 mm in diameter; and
(c) is
not more than 400 mm long; and
(d) is
not more than 300 mm wide; and
(e) is
not more than 200 mm deep;
"drop line" means a device consisting of a length of line with hooks attached
by snoods along its length and that is anchored by a weight, buoyed at the
surface and deployed vertically through the water;
"drop net" means a net that consists of 2 hoops, the top hoop having a
diameter not smaller than that of the bottom hoop, to which netting is
attached so as to form a cylindrical bag or cone shaped bag;
"drum net" means a fish trap consisting of mesh supported by 3 large diameter
bands to form a body or shape which is closed at 1 end and a cove at the other
end;
"electro-fishing" means the taking of fish by using a device consisting of a
power source anode or cathode designed and constructed to apply an electric
field to water so as to attract or stun fish;
"fish net" means any net other than a hand net (including a dab net, dip net
or shrimp net), hoop net, drop net or a prawn trawl net;
"fish trap" means a device that is designed and constructed to trap fish and
has an entrance or cove;
"fyke net" means a fish trap consisting of a series of large diameter rings
which support mesh on the exterior and a series of coves along the interior
with a wing or wings at 1 end;
"gill net" means a length of mesh net supported along its length by a rope
attached to the top and bottom of the mesh and designed and constructed to be
used as a static device to enmesh fish;
"Golden Perch" means Macquaria ambigua;
"Greenlip Abalone" means Haliotis laevigata;
"Gulf St. Vincent, Investigator Strait and Backstairs Passage" means the
waters of Gulf St. Vincent, Investigator Strait and Backstairs Passage
contained within and bounded by a line commencing at Mean High Water Springs
closest to 35°17′59.60″ South, 136°52′50.11″
East (Cape Spencer, Yorke Peninsula), then beginning north-easterly following
the line of Mean High Water Springs to the location closest to
35°38′33.80″ South, 138°31′20.83″ East
(Newland Head, Fleurieu Peninsula), then south-westerly to the location on
Mean High Water Springs closest to 35°50′32.70″ South,
138°08′03.59″ East (Cape Willoughby, Kangaroo Island), then
beginning north-westerly following the line of Mean High Water Springs to the
location closest to 35°44′55.88″ South,
136°35′14.77″ East (Cape Borda, Kangaroo Island), then
north-easterly to the point of commencement;
"Gummy Shark" means Mustelus antarcticus;
"hand fish spear" means a fish spear propelled by human power without the use
of any explosive, spring, elastic material or mechanism;
"hand line" means fishing line used without a rod and to which not more than 3
fishing hooks are attached (for the purpose of this definition not more than 5
hooks joined by threading the point of 1 through the eye of another, or by
fastening their shanks together will be taken to be 1 hook);
"hand net" (including a dab net, dip net or shrimp net) means a net being
conical in shape attached to a hoop or ring and extending not more than 1 m in
depth from the hoop or ring, the hoop and ring being attached to a rigid
handle and having a diameter that does not exceed 1 m;
"hauling net" means a net hauled by a rope 1 end of which is securely anchored
to the sea bed or attached to a securely anchored boat or securely attached to
the shore;
"hoop net" means a net consisting of 1 hoop of a diameter not exceeding 107 cm
to which netting is attached in the form of a cone or bag that does not extend
more than 92 cm from the hoop;
"in any 1 day" means during the period commencing at midnight and ending at
the midnight next following;
"inland waters" means the River Murray and its tributaries,
Lakes Albert and Alexandrina, Lake George, the Coorong above the Murray Mouth
and all the waters of the State that are fresh waters;
"kg" means kilogram;
"km" means kilometre;
"kw" means kilowatt;
"Lake Eyre Perch" means Macquaria spp;
"Lakes Albert and Alexandrina" means all of the waters of Lake Albert and Lake
Alexandrina downstream from the punt that services the main road joining the
township of Wellington to the township of Wellington East near
35°19′52.53″ South, 139°23′04.30″ East, and
separated from the Coorong by land and by the Goolwa, Mundoo, Boundary Creek,
Ewe Island and Tauwitchere Barrages, and includes those waters of the Finnis
River and Currency Creek situated upstream from Lake Alexandrina to the first
road bridge by which they are crossed;
"Lakes and Coorong Fishery" means the fishery of that name constituted by the
Fisheries Management (Lakes and Coorong Fishery) Regulations 2006 ;
"large catfish" means Catfish that exceeds 33 cm in length;
"large mesh monofilament net" means a monofilament mesh net that—
(a) has
a mesh size exceeding 115 mm; and
(b)
consists of line with a minimum breaking strain of not less than 7 kg;
"large mesh multifilament hauling net" means a multifilament hauling net
that—
(a) has
a mesh size exceeding 95 mm; and
(b)
consists of line with a minimum ply of not less than 21;
"large mesh net" means a mesh net or gill net with a mesh size of not less
than 150 mm;
"large mulloway" means Mulloway that exceeds 75 cm in length;
"large salmon" means Salmon that exceeds 35 cm in length;
"large snapper" means Snapper that exceeds 60 cm in length;
"length"—
(a) in
relation to a fish—means the distance from the foremost part of the head
to the end of the tail;
(b) in
relation to a net—means the length of that part of the cork line,
buoyant line or other line on which the net is slung;
"licensed person", in relation to a fishing activity, means—
(a) a
person who, for a commercial purpose, is engaged in a fishing activity of a
class that constitutes the fishery in respect of which the person holds a
fishery licence or permit; or
(b) a
person acting as the agent of a holder of such a licence or permit;
"long line" means a length of line to which is attached 1 or more traces or
hooks and which is anchored and buoyed at 1 or both ends;
"m" means metre;
"Mean High Water Springs" means the line representing the average of all high
water observations at the time of spring tide over a period of 19 years;
"meat", in relation to an abalone, means all the muscular foot from which the
viscera have been detached by the usual shucking procedure;
"mesh net" means a net designed and constructed to enmesh fish;
"mm" means millimetre;
"Mulloway" means Argyrosomus hololepidotus;
"Murray Cod" means Maccullochella peelii;
"Murray Mouth" means the Coorong and coastal waters that are within 500 m of a
line joining the locations on Mean High Water Springs closest to
35°33′18.69″ South, 138°52′45.87″ East
(northern side of the headland of Sir Richard Peninsula) and
35°33′21.95″ South, 138°52′53.34″ East
(northern side of the headland of Younghusband Peninsula);
"mussel dredge" means a device that—
(a) is
designed and constructed to be held in the hand so as to facilitate the taking
of fish by scraping the bed of any waters; and
(b) is
not more than 1 m wide; and
(c) has
attached to it a net not more than 1 m deep;
"non-commercial purpose" means a purpose other than trade or business;
"Northern Zone" has the same meaning as in the Fisheries Management (Rock
Lobster Fisheries) Regulations 2006 ;
"Northern Zone Rock Lobster Fishery" means the fishery of that name
constituted by the Fisheries Management (Rock Lobster Fisheries)
Regulations 2006 ;
"on the same day" means during the period commencing at midnight and ending at
the midnight next following;
"overall length", in relation to a boat, means the horizontal distance
between—
(a) a
perpendicular dropped from the extremity of the bow of the boat, or, if a
fixture or structure attached to the bow projects beyond the bow, from the
extremity of that fixture or structure; and
(b) a
perpendicular dropped from the extremity of the stern of the boat, or, if a
fixture or structure attached to the stern projects beyond the stern, from the
extremity of that fixture or structure;
"permitted device" means a device specified in Schedule 1;
"power hauling method of fishing" means a fishing activity involving the use
of a fish net where—
(a) the
net is hauled through the water by means other than by hand; and
(b) not
more than 1 boat is used to haul the net; and
(c) 1
end of the net is anchored so as to secure that end to the sea bed
while—
(i)
the net is shot out; or
(ii)
1 end of the net is being hauled back to the other end;
"prawn" means King Prawn (Melicertus latisulcatus );
"prawn trawl net" means a trawl net that is designed and constructed for the
taking of prawn;
"purse seine net" means a long winged hauling net with a bunt and a pursing
line attached by rings to the bottom mesh or foot rope;
"revoked regulations" means the Fisheries (General) Regulations 2000 ;
"ring net" means a mesh net that has floats on the head line and leads on the
bottom line and is designed and constructed to encircle a school of fish;
"River Fishery" means the fishery of that name constituted by the
Fisheries Management (River Fishery) Regulations 2006 ;
"River Murray proper" means all the waters of the River Murray and its
anabranches, tributaries, lagoons and lakes situated upstream of the punt
which services the main road joining the township of Wellington to the
township of Wellington East;
"rock lobster" means Southern Rocklobster (Jasus edwardsii );
"rock lobster fishery" means—
(a) the
Northern Zone Rock Lobster Fishery; or
(b) the
Southern Zone Rock Lobster Fishery;
"rock lobster pot" means a fish trap that is designed and constructed for the
purpose of taking rock lobster;
"rock lobster snare" means a device that—
(a)
consists of a noose attached to a length of tubing; and
(b) is
designed and constructed for the taking of rock lobster;
"rod and line" means a rod to which is attached a fishing line having not more
than 3 fishing hooks attached to it (and, for the purpose of this
definition, not more than 5 hooks joined by threading the point of 1
through the eye of another or by fastening their shanks to each other will be
taken to be 1 hook);
"Salmon" means Western Australian Salmon (Arripis truttaceus );
"Sand Crab" means Ovalipes spp;
"sand crab pot" means a fish trap that—
(a) is
designed and constructed for the purpose of taking Sand Crabs; and
(b) has
a maximum height of 450 mm; and
(c) has
a maximum diameter of 1.5 m; and
(d) is
covered with a fish net that has—
(i)
a minimum mesh size of 75 mm; or
(ii)
an escape panel that has a minimum mesh size of 75 mm and
is at least 700 mm by 300 mm;
"sardine net" means a purse seine net that—
(a) is
no more than 1000 m in length; and
(b) is
no more than 200 m in depth; and
(c) has
a minimum mesh size of 14 mm; and
(d) has
a maximum mesh size of 22 mm;
"scallop dredge" means a device consisting of mesh supported by framework that
is designed and constructed to be pulled behind a boat so as to facilitate the
taking of fish by scraping the bed of any waters;
"School Shark" means Galeorhinus galeus;
"set line" includes any device using hooks and known as a cross line,
springer, side line, long line or buoyed line;
"set net" means a static mesh net;
"set-net method of fishing" means a fishing activity involving the use of a
fish net—
(a) of
up to 600 m in length; and
(b)
having a mesh size of at least 50 mm and less than 150 mm,
and in which the fish net is run out into the water and set, the ends of the
fish net not meeting or being joined;
"shrimp trap" means a fish trap that is designed and constructed for the
purpose of taking shrimps (Suborder Natantia);
"small Catfish" means Catfish that does not exceed 33 cm in length;
"small mesh monofilament net" means a monofilament mesh net that—
(a) has
a mesh size exceeding 50 mm but not exceeding 64 mm; and
(b)
consists of line with a minimum breaking strain of not less than 5.5 kg;
"small mesh multifilament hauling net" means a multifilament hauling net
that—
(a) has
a mesh size exceeding 50 mm but not exceeding 64 mm; and
(b)
consists of line with a minimum ply of not less than 15;
"small Mulloway" means Mulloway that is at least 46 cm in length but does not
exceed 75 cm in length;
"small Salmon" means Salmon that is at least 21 cm in length but does not
exceed 35 cm in length;
"small Snapper" means Snapper that is at least 38 cm in length but does not
exceed 60 cm in length;
"Snapper" means Pagrus auratus;
"Southern Bluefin Tuna" means Thunnus maccoyii ;
"Southern Zone" has the same meaning as in the Fisheries Management (Rock
Lobster Fisheries) Regulations 2006 ;
"Southern Zone Abalone Fishery" means the fishery of that name constituted by
the Fisheries Management (Abalone Fisheries) Regulations 2006 ;
"Southern Zone Rock Lobster Fishery" means the fishery of that name
constituted by the Fisheries Management (Rock Lobster Fisheries)
Regulations 2006 ;
"spear gun" means a device for spearing fish consisting of a spear and an
apparatus for discharging the spear by means of explosive, spring or elastic
material or other mechanical means;
"swinger net" means a non-static gill net to which is attached a rope that is
anchored to the shore so as to enable the net to drift with the aid of
offshore and longshore currents;
"teaser line" means a line (without an attached hook) used to lure or attract
fish;
"trawl net" includes a lampara net, Danish seine net, beam trawl net or otter
trawl net and any net towed by a boat;
"trot line" means a combination of—
(a)
buoyed lines anchored or weighted; and
(b) a
line or lines connecting the buoyed lines and supported under the surface of
the waters by a line of floats; and
(c) a
line or lines attached to the connecting line and weighted to which are
attached hooks or snoods with hooks;
"undersize fish" means fish that is undersize as determined in accordance with
Schedule 2 but does not include—
(a)
scalefish of the family Bothidae or Pleuronectidae taken by an
unlicensed person; or
(b)
aquaculture fish taken by the holder of an aquaculture licence from an area in
which aquaculture is carried on;
"unlicensed person", in relation to a fishing activity, means a person who is
not a licensed person in relation to that activity;
"waters of the State" means all the waters to which the Act applies;
"Western Blue Groper" means Achoerodus gouldii ;
"Western Zone Abalone Fishery" means the fishery of that name constituted by
the Fisheries Management (Abalone Fisheries) Regulations 2006 ;
"Yabby" means Yabby (Cherax spp);
"yabby pot" means a fish trap designed and constructed for the purpose of
taking Yabby;
"Yellowfin Tuna" means Thunnus albacares.
(2) In these
regulations—
(aaa)
all lines in spatial descriptions are geodesics based on the
Geocentric Datum of Australia 1994 ("GDA94") as defined in the
Commonwealth of Australia Gazette GN35 of 6 September 1995, and
all coordinates are expressed in terms of GDA94;
(aa)
common and scientific fish names are given according to AS:SSA-001 Australian
Fish Names Standard published by Seafood Services Australia in July 2007,
as amended from time to time;
(a) a
reference to a person "carrying a device" includes a reference to—
(i)
having the device on or about his or her person; or
(ii)
having the device so near to his or her person that he or
she is able to exercise physical control over the device;
(b) a
reference to the "taking of aquatic resources" or a particular class or
species of aquatic resources includes a reference to any act that is
preparatory to or involved in the taking of those aquatic resources or class
or species of aquatic resources, whether or not any such aquatic resources or
class or species of aquatic resources have been taken;
(c) a
reference to "using" or to the "use of a device by a person engaged in a
fishing activity includes a reference to using the device—
(i)
to take aquatic resources; and
(ii)
in or as part of any act preparatory to, or involved in,
the taking of aquatic resources.
(3) For the purposes
of these regulations, the mesh size of a net is to be determined as follows:
(a) 10
meshes of the net are to be measured by the method referred to in
paragraph (b) and the sum is to be divided by 10;
(b) the
distance between 1 corner of the mesh of the net and the corner of the same
mesh diagonally opposite to that corner (with the corners extended so that as
near as is practicable there is no space between adjacent threads of mesh) is
to be measured by the following method:
(i)
that part of the net containing the mesh to be measured
must be soaked in water for at least 5 minutes; and
(ii)
immediately after soaking, a weight of 1.5 kg must be
attached or slung to 1 corner of the mesh to be measured (the "weighted corner
); and
(iii)
while the weight is attached to or slung on the weighted
corner, the distance between the weighted corner and the corner of the same
mesh diagonally opposite to the weighted corner must be measured, the
measurement being taken from the inside of each corner.
(4) For the purposes
of these regulations—
(a) a
device registered for use for recreational fishing is attended only if it is
at all times actually being attended by the person in whose name it is
registered under regulation 10 and that person is at all times—
(i)
while the device is in the waters of Lake George—no
more than 50 m from the landward boundary of the Lake;
(ii)
while the device is in any other
waters of the State—no more than 50 m from any part of the device;
(b) a
device registered for use under a fishery authority is attended only if it is
at all times actually being attended by the person who holds the fishery
authority, or a person acting as an agent of the holder of the fishery
authority, and that person is at all times—
(i)
while the device is in the waters of Lake George—no
more than 50 m from the landward boundary of the Lake;
(ii)
while the device is in any other
waters of the State—no more than 50 m from any part of the device.