South Australian Consolidated Regulations South Australian Consolidated Regulations16A—Individual pipi catch quota system
(1) In this
regulation—
"pipi quota entitlement" or "quota entitlement", in relation to an
eligible licence, means the maximum number of kilograms of pipi that may be
lawfully taken by the holder of the licence during a quota period, being the
product of—
(a) the
unit entitlement under the licence; and
(b) the
unit value for that quota period,
subject to any variation applying during that quota period;
"quota period"—a quota period for the Marine Scalefish Fishery for the
taking of pipi is a period commencing on 1 November in any year and
ending on 31 May next;
"unit entitlement" under a licence means the number of pipi units allocated to
the licence for the time being;
"unit value" means the number of kilograms of pipi determined by the Minister
to be the value of a pipi unit for a quota period.
(2) The Minister must
determine the number of kilograms of pipi that is to be the value of a pipi
unit for each quota period.
(3) The Minister may
impose or vary conditions of eligible licences in respect of the
Marine Scalefish Fishery fixing pipi quota entitlements as follows:
(a) for
the quota period commencing on 1 November 2009, an eligible licence
in respect of the Marine Scalefish Fishery specified in column 1 of the
table below may be allocated a number of pipi units for that quota period
specified alongside in column 2:
|
Column 1 |
Column 2 |
|---|---|
|
Number of pipi units | |
|
M236 |
14.25 |
|
M301 |
12.11 |
|
M489 |
0.00 |
(b) for
the quota period commencing on 1 November 2010 or 1 November in
any subsequent year, an eligible licence in respect of the
Marine Scalefish Fishery may be allocated a number of pipi units equal to the
number of pipi units allocated to the licence immediately before the
commencement of that quota period;
(c) on
joint application made to the Minister by the holders of any 2 licences
in respect of the Marine Scalefish Fishery subject to a condition fixing a
pipi quota entitlement, the conditions of the licences may be varied so as to
increase the unit entitlement under 1 of the licences and decrease the
unit entitlement under the other licence by a corresponding number of units;
(d) on
joint application made to the Minister by the holder of a licence in respect
of the Marine Scalefish Fishery subject to a condition fixing a pipi
quota entitlement (the "first licence") and the holder of a licence in respect
of the Lakes and Coorong Fishery subject to such a condition (the
"second licence")—
(i)
the conditions of the first licence may be varied so as
to decrease the unit entitlement under that licence and the conditions of the
second licence may be varied so as to increase the unit entitlement under that
licence by a corresponding number of units; or
(ii)
the conditions of the first licence may be varied so as
to increase the unit entitlement under that licence and the conditions of the
second licence may be varied so as to decrease the unit entitlement under that
licence by a corresponding number of units;
(e) if
the total catch of pipi taken by the holder of a licence in respect of the
Marine Scalefish Fishery during a quota period exceeded the pipi quota
entitlement under the licence for that quota period, the conditions of the
licence may be varied so as to decrease the pipi quota entitlement—
(i)
if the catch exceeded the quota entitlement by not more
than 500 kg—by 1 kg for each kilogram taken in excess of the
quota entitlement; or
(ii)
if the catch exceeded the quota entitlement by more than
500 kg but not more than 2 000 kg—by 2 kg for each
kilogram taken in excess of the quota entitlement;
(f)
if—
(i)
the holder of a licence in respect of the
Marine Scalefish Fishery is convicted of an offence of contravening a
condition of the licence fixing a pipi quota entitlement; and
(ii)
the conduct constituting the offence involved the taking
of more than 2 000 kg of pipi in excess of the quota entitlement,
the conditions of the licence may be varied so as to decrease the pipi
quota entitlement under the licence for 3 quota periods following the
conviction by 1 kg for each kilogram taken in excess of the quota
entitlement for the quota period during which the offence was committed.
(4) If a variation of
a unit entitlement is to have effect only for the balance of the quota period
during which the variation is made, the variation must be expressed to have
such effect.
(5) An application to
vary unit entitlements must—
(a) be
made in a manner and form approved by the Minister; and
(b) be
signed by the applicants and completed in accordance with the instructions
contained in the form; and
(c) be
accompanied by the appropriate fee fixed in the Fisheries Management (Fees)
Regulations 2007 .