South Australia
Fisheries Management (Marine Scalefish Fisheries) Regulations 2006
under the Fisheries Management Act 2007

Contents
1	Short title
3	Interpretation
4	Constitution of fisheries
5	Maximum number of licences that may be in force
9	Transfer of licences
10	Transfer of licences between family members
11	Transfer of licences under amalgamation scheme
12	Registration
13	Revocation of registration
13A	Restriction on fishing activities in which registered masters other than licence holder may be engaged
14	Registered master may be assisted by only 1 agent
15	Carriage of crab nets on boats
16	Individual vongole catch quota system
16A	Individual pipi catch quota system
17	Individual blue crab catch quota system
18	Individual sardine catch quota system
18A	Restrictions on taking of pipi, blue crab, sardines, cockles and vongole
18B	Restriction on use of cockle rakes
18C	Pipi to be landed within State
18D	Restriction on use of sand crab pots
18E	Restriction on carriage of devices on registered boat
19	Restriction on use of certain registered boats to take sardines
19A	Information to be provided to Minister before pipi are taken
19B	Information to be provided to Minister before vongole are taken
20	Information to be provided to Minister before certain registered boats are used to take sardines
21	Use of agents in fishing activities (licences under which boats are registered)
21A	Use of agents in fishing activities (licences under which no registered boats are used)
22	Catch and disposal records—blue crab
22A	Catch and disposal records—vongole
22B	Disposal of vongole
22C	Disposal of pipi
23	Disposal of sardines
24	Restriction on unloading of sardines onto other boats
25	Information relating to catch and disposal of sardines to be reported to Minister
25A	Catch and disposal records—pipi
26	Catch and disposal records—sardines
27	Periodic returns
28	Provision relating to keeping of documents
Schedule 1—Aquatic resources prescribed for marine scalefish fisheries
Schedule 2—Transitional provisions
1	Eligibility to be granted fishery licence
2	Fees for taking of pipi
Legislative history

1—Short title
These regulations may be cited as the Fisheries Management (Marine Scalefish Fisheries) Regulations 2006.
Note—
These regulations prescribing a scheme of management for a fishery under the repealed Fisheries Act 1982 were continued in force by Sch 1 cl 5(1) of the Fisheries Management Act 2007 as if they were regulations for the management of the fishery made under the Fisheries Management Act 2007.
3—Interpretation
	(1)	In these regulations, unless the contrary intention appears—
Act means the Fisheries Management Act 2007;
blue crab means Blue Swimmer Crab (Portunus pelagicus);
Blue Crab Fishery has the same meaning as in the Fisheries Management (Blue Crab Fishery) Regulations 1998;
blue crab fishing zone has the same meaning as in the Fisheries Management (Blue Crab Fishery) Regulations 1998;
cockle means any mollusc of—
	(a)	the order Veneroida (other than Pipi (Donax spp) or Vongole (Katelysia spp)); or
	(b)	the genus Anadara;
cockle rake has the same meaning as in the Fisheries Management (General) Regulations 2007;
Coffin Bay vongole fishing zone means the waters of or near Coffin Bay contained within and bounded by a line commencing at the line of Mean High Water Springs closest to 34°30′36.68″ South, 135°22′46.38″ East (generally south‑west of Farm Beach), then beginning southwesterly following the line of Mean High Water Springs to the location closest to 34°27′20.32″ South, 135°13′00.83″ East (Point Burgess), then south‑easterly to the point of commencement, but excluding any land or waters so encompassed that lie landward of the line of Mean High Water Springs;
crab net has the same meaning as in the Fisheries Management (General) Regulations 2007;
Department means the administrative unit of the Public Service responsible, through the Minister, for the administration of the Act;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
eligible licence means—
	(a)	any of the following licences in respect of the Lakes and Coorong Fishery:
	(i)	a licence numbered L03, L08 or L10;
	(ii)	any licence numbered in the range L12 to L20;
	(iii)	a licence numbered L26 or L27;
	(iv)	any licence numbered in the range L29 to L31;
	(v)	any licence numbered in the range L33 to L39;
	(vi)	a licence numbered L41, L43, L44, L45 or L47; or
	(b)	a licence in respect of the Marine Scalefish Fishery numbered M236, M301 or M489;
Gulf St. Vincent Blue Crab Fishing Zone has the same meaning as in the Fisheries Management (Blue Crab Fishery) Regulations 1998;
Lakes and Coorong has the same meaning as in the Fisheries Management (Lakes and Coorong Fishery) Regulations 2009;
Lakes and Coorong Fishery means the fishery of that name constituted by the Fisheries Management (Lakes and Coorong Fishery) Regulations 2009;
marine scalefish fishery means—
	(a)	the Marine Scalefish Fishery; or
	(b)	the Restricted Marine Scalefish Fishery,
constituted by these regulations;
MSSF licence means a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a sardine quota entitlement;
Northern Zone Rock Lobster Fishery means the fishery of that name constituted by the Fisheries Management (Rock Lobster Fisheries) Regulations 2006;
ocean jacket trap means a fish trap (within the meaning of the Fisheries Management (General) Regulations 2007) which may, under those regulations, be lawfully used to take Ocean Jacket (Nelusetta ayraudi);
PF‑CDR form means the form produced by the Department entitled PIRSA Sardine Catch and Disposal Record;
pipi means Pipi (Donax spp);
pipi quota entitlement—see regulation 16A;
Port River vongole fishing zone means the waters of or near Port Gawler contained within and bounded by a line commencing at the line of Mean High Water Springs closest to 34°40′12.26″ South, 138°26′35.25″ East (end of Port Gawler road), then beginning easterly following the line of Mean High Water Springs to the location closest to 34°46′59.03″ South, 138°28′40.48″ East, then north‑westerly to the point of commencement, but excluding any land or waters so encompassed that lie landward of the line of Mean High Water Springs;
sand crab pot has the same meaning as in the Fisheries Management (General) Regulations 2007;
sardine means Australian Sardine (Sardinops sagax);
sardine net has the same meaning as in the Fisheries Management (General) Regulations 2007;
sardine quota entitlement—see regulation 18;
Spencer Gulf Blue Crab Fishing Zone has the same meaning as in the Fisheries Management (Blue Crab Fishery) Regulations 1998;
spouse—a person is the spouse of another if they are legally married;
vongole means any mollusc of the genus Katelysia;
vongole fishing zone means—
	(a)	the Coffin Bay vongole fishing zone; or
	(b)	the Port River vongole fishing zone; or
	(c)	the West Coast vongole fishing zone;
vongole quota entitlement—see regulation 16;
West Coast vongole fishing zone means—
	(a)	the waters of or near Smoky Bay contained within and bounded by a line commencing at the line of Mean High Water Springs closest to 32°15′48.62″ South, 133°46′09.70″ East (Cape D′Estrees), then beginning easterly following the line of Mean High Water Springs to the location closest to 32°23′54.35″ South, 133°52′00.15″ East (Cape Missiessy), then westerly to the line of Mean High Water Springs closest to 32°23′55.74″ South, 133°43′09.43″ East (Goalen Rocks), then north‑easterly to the point of commencement, but excluding any land or waters so encompassed that lie landward of the line of Mean High Water Springs; and
	(b)	the waters of or near Streaky Bay contained within and bounded by a line commencing at the line of Mean High Water Springs closest to 32°39′22.17″ South, 134°17′13.59″ East (most northern point of Perlubie beach), then beginning north‑easterly following the line of Mean High Water Springs to the location closest to 32°42′37.66″ South, 134°05′08.97″ East, then north‑easterly to the point of commencement, but excluding any land or waters so encompassed that lie landward of the line of Mean High Water Springs; and
	(c)	the waters of or near Venus Bay contained within and bounded by a line commencing at the line of Mean High Water Springs closest to 33°10′19.37″ South, 134°41′04.36″ East (Port Kenny jetty), then beginning easterly following the line of Mean High Water Springs to the location closest to 33°13′48.68″ South, 134°39′38.86″ East (South Head), then northerly to the line of Mean High Water Springs closest to 33°13′31.48″ South, 134°39′41.81″ East (North Head), then beginning north‑easterly following the line of Mean High Water Springs to the location closest to 33°10′51.24″ South, 134°38′14.69″ East, then north‑easterly to the point of commencement, but excluding any land or waters so encompassed that lie landward of the line of Mean High Water Springs.
	(2)	In these regulations—
	(a)	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;
	(b)	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;
	(c)	a reference to the taking of aquatic resources includes a reference to an act preparatory to or involved in the taking of the aquatic resources.
4—Constitution of fisheries
	(1)	The following fisheries are constituted:
	(a)	the Marine Scalefish Fishery;
	(b)	the Restricted Marine Scalefish Fishery.
	(2)	The Marine Scalefish Fishery and the Restricted Marine Scalefish Fishery each consist of—
	(a)	the taking of aquatic resources specified in Schedule 1 in coastal waters; and
	(b)	the taking of Razorfish (Pinna bicolor) in coastal waters for the purpose of bait.
	(3)	The holder of a licence in respect of a marine scalefish fishery must not, for a commercial purpose, take blue crab in a blue crab fishing zone unless the licence is subject to a condition fixing a blue crab quota entitlement in relation to that zone.
Maximum penalty: $5 000.
5—Maximum number of licences that may be in force
	(1)	The maximum number of licences that may be in force in respect of the Marine Scalefish Fishery is the number of licences in force in respect of that fishery immediately before the commencement of this regulation.
	(2)	The maximum number of licences that may be in force in respect of the Restricted Marine Scalefish Fishery is the number of licences in force in respect of that fishery immediately before the commencement of this regulation.
9—Transfer of licences
	(1)	In this regulation—
authorised amalgamation scheme transfer means a transfer of a licence that is authorised under regulation 11;
authorised family transfer means a transfer of a licence that is authorised under regulation 10.
	(2)	Subject to these regulations, licences in respect of a marine scalefish fishery are transferable.
	(3)	A licence in respect of the Restricted Marine Scalefish Fishery cannot be transferred to the holder of another licence in respect of that fishery.
	(4)	An application for consent to the transfer of a licence must be accompanied by—
	(a)	the licence to be transferred; and
	(b)	a form of return as required by regulation 27 completed by the holder of the licence up to the date of application.
	(5)	The Minister may only consent to the transfer of a licence if satisfied as to the following:
	(a)	that the transfer is—
	(i)	an authorised family transfer; or
	(ii)	an authorised amalgamation scheme transfer;
	(b)	that any fees or other amounts payable in relation to the licence under the Act or the repealed Act have been paid in full;
	(c)	that the licence to be transferred has not been suspended;
	(d)	that the transfer is to 1 person only;
	(e)	that no proceedings alleging an offence against the Act or the repealed Act are pending or likely to be commenced in the State against the holder of the licence;
	(f)	that the transferee is a natural person of at least 15 years of age and is a fit and proper person to hold a licence in respect of a marine scalefish fishery.
10—Transfer of licences between family members
Subject to regulation 9, a licence in respect of the Marine Scalefish Fishery may be transferred if the transferee is—
	(a)	the spouse or domestic partner of the licensee; or
	(b)	a parent or grandparent of the licensee; or
	(c)	a brother or sister, or half-brother or half-sister, of the licensee; or
	(d)	a child or grandchild of the licensee; or
	(e)	a child or grandchild of the spouse or domestic partner of the licensee.
11—Transfer of licences under amalgamation scheme
	(1)	In this regulation—
aggregate fishing points value, in relation to 2 or more licences, means the sum of the fishing points values endorsed on the licences under this regulation;
aggregate gear entitlement, in relation to 2 or more licences, means the aggregate of the gear entitlements under the licences;
licence means a licence in respect of a marine scalefish fishery;
line licence means a licence other than a net licence;
net means a fish net as defined in the Fisheries Management (General) Regulations 2007 but does not include a bait net as defined in those regulations;
net licence means a licence under which there is a gear entitlement that authorises the use of 1 or more nets (whether or not the entitlement authorises the use of other devices).
	(2)	For the purposes of this regulation, the Minister must adopt and implement a system for ranking net licences in respect of the Marine Scalefish Fishery and a system for ranking line licences in respect of that fishery under which—
	(a)	points are allotted to every net licence or line licence, as the case may be, based on—
	(i)	the quantities of each species of aquatic resources taken under the licence during a specified period (as recorded on returns lodged in respect of the licence under regulation 27 or the corresponding regulation previously in force); and
	(ii)	values (reflecting market values) applied in relation to those recorded quantities of each species,
so that the greater the resulting total value the greater the points allotted to the licence; and
	(b)	all net licences are arranged in ascending order of allotted points and then divided into 10 approximately equal groups and all line licences are similarly arranged and divided into groups; and
	(c)	the licences in each group are each given a value (a fishing points value) starting with 11 for the group with the lowest range of allotted points, 12 for the next group and so on through to 18 so that the value 18 is given to the licences in the groups with the 3 highest ranges of allotted points.
	(3)	The Minister must then endorse on each licence in respect of the Marine Scalefish Fishery the fishing points value given to the licence under the system for ranking net licences or the system for ranking line licences (as the case may be) under subregulation (2).
	(4)	The Minister must endorse on each licence in respect of the Restricted Marine Scalefish Fishery a fishing points value of 7.
	(5)	The fishing points value endorsed on a licence under this regulation may be varied only—
	(a)	to reflect a change of the licence from a net licence to a line licence; or
	(b)	as otherwise required under this regulation; or
	(c)	in order to correct an error.
	(6)	Subject to regulation 9, a licence may then be transferred as authorised under the following provisions:
	(a)	a net licence in respect of the Marine Scalefish Fishery may be transferred to the holder of another net licence in respect of that fishery;
	(b)	a line licence in respect of the Marine Scalefish Fishery may be transferred to the holder of another line licence in respect of that fishery;
	(c)	1 or 2 licences in respect of the Restricted Marine Scalefish Fishery may be transferred to the holder of a licence in respect of the Marine Scalefish Fishery;
	(d)	if a transfer of a kind referred to in a preceding paragraph has effect, the transferee must surrender to the Minister 1 of the 2 licences, or 2 of the 3 licences, as the case may be, then held by the transferee;
	(e)	if 1 or more of the licences held by the transferee has recorded on it under section 56 of the repealed Act a conviction for an offence committed within the preceding period of 3 years, the licence or licences surrendered must be—
	(i)	the licence or licences without such a conviction, or as the case may require, the licence or licences with the lesser number of such convictions, recorded on the licence or licences; or
	(ii)	if the same number of such convictions is recorded on each licence—the licence or licences other than the licence with a conviction recorded on it for the most recently committed offence;
	(f)	if 1 or more licences are to be surrendered but any fees or other amounts payable under the Act or the repealed Act in respect of those licences have not been paid in full, the fees or amounts still owing must be paid on or before the surrender of those licences;
	(g)	on the surrender of a licence and payment of any amount required to be paid under paragraph (f) in respect of the licence, the Minister must—
	(i)	replace the gear endorsement of the remaining licence held by the transferee with a gear endorsement that makes provision for the aggregate gear entitlement in relation to that licence and the surrendered licence or licences; and
	(ii)	vary the fishing points value endorsed on the remaining licence under this regulation so that it equals the aggregate fishing points value in relation to that licence and the surrendered licence or licences;
	(h)	when, as a result of the process referred to in paragraphs (a) to (g), the fishing points value endorsed on a licence under this regulation equals or exceeds 24, the licence may be transferred without complying with those paragraphs;
	(i)	replace the gear entitlement under the remaining licence held by the transferee with a gear entitlement that makes provision for the aggregate gear entitlement under that licence and the surrendered licence or licences.
12—Registration
	(1)	An application by the holder of a licence in respect of a marine scalefish fishery—
	(a)	to register a boat or device for use under the licence; or
	(b)	to register a person as a master of a boat that may be used under the licence,
must be accompanied by the documents specified in the application form.
	(2)	A person other than the holder of a licence in respect of a marine scalefish fishery (the licensee) cannot be registered as the master of a boat used under the licence unless—
	(a)	the licensee is already registered as the master of a boat used under another licence in respect of a marine scalefish fishery held by the licensee; or
	(ab)	the licence is subject to a condition fixing a pipi quota entitlement; or
	(ac)	the licence is subject to a condition fixing a vongole quota entitlement; or
	(b)	the gear entitlement under the licence authorises the use of 1 or more of any of the following devices:
	(i)	an ocean jacket trap;
	(ii)	a sand crab pot;
	(iii)	a sardine net.
	(3)	If the gear entitlement under a licence in respect of a marine scalefish fishery authorises the use of an ocean jacket trap, a person cannot be registered as the master of a boat used under the licence if the holder of the licence and 2 other persons are already registered as masters of that boat.
13—Revocation of registration
	(1)	The Minister may, on application by the holder of a licence in respect of a marine scalefish fishery, revoke the registration of—
	(a)	a boat or device used under the licence; or
	(b)	a person as a master of a boat that may be used under the licence.
	(2)	An application for revocation of registration must—
	(a)	be made in a manner and form approved by the Minister; and
	(b)	be signed by the applicant and completed in accordance with the instructions contained in the form; and
	(c)	be accompanied by the documents specified in the application form.
13A—Restriction on fishing activities in which registered masters other than licence holder may be engaged
If a person holds only 1 licence in respect of a marine scalefish fishery, a registered master other than the holder of the licence must not engage in fishing activities under the licence other than—
	(a)	in the case of a licence subject to a condition fixing a pipi quota entitlement—the taking of pipi under the licence; or
	(b)	in the case of a licence subject to a condition fixing a vongole quota entitlement—the taking of vongole under the licence; or
	(c)	in the case of a licence that authorises the use of ocean jacket traps, sand crab pots or sardine nets—fishing activities involving the use of those devices.
Maximum penalty: $5 000.
Expiation fee: $315.
14—Registered master may be assisted by only 1 agent
The registered master of a registered boat must not, when using the boat under a licence in respect of the Restricted Marine Scalefish Fishery, cause or permit more than 1 other person to assist him or her in a fishing activity of a class that constitutes the fishery.
Maximum penalty: $5 000.
Expiation fee: $315.
15—Carriage of crab nets on boats
The Minister may impose conditions on licences in respect of a marine scalefish fishery limiting the number of crab nets that may be carried on boats and otherwise regulating the carrying of crab nets used for fishing activities engaged in under the licences.
16—Individual vongole catch quota system
	(1)	In this regulation—
vongole quota entitlement or quota entitlement, in relation to a licence in respect of a marine scalefish fishery or an eligible rock lobster fishery licence and a vongole fishing zone, means the maximum number of kilograms of vongole that may be lawfully taken by the holder of the licence in that zone during a quota period, being the product of—
	(a)	the unit entitlement under that licence in respect of that zone; and
	(b)	the unit value for that zone and quota period,
subject to any variation applying during that quota period;
eligible marine scalefish fishery licence means a licence in respect of a marine scalefish fishery held on the commencement of this regulation by a person who lawfully took vongole under the licence in a vongole fishing zone during the period that commenced on 1 January 1997 and ended on 30 June 2006 (as recorded on completed returns lodged under the relevant regulations);
eligible rock lobster fishery licence means a licence in respect of the Northern Zone Rock Lobster Fishery under which the holder may lawfully take aquatic resources specified in Schedule 1 of the Fisheries Management (Rock Lobster Fisheries) Regulations 2006;
relevant regulations means the Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 1991 or these regulations (as the case requires);
unit entitlement means the number of vongole units for the time being allocated to a licence;
unit value means the number of kilograms of vongole determined by the Minister to be the value of a vongole unit for a vongole fishing zone and a quota period.
	(2)	In this regulation, a reference to a quota period is a reference to—
	(a)	the period commencing on the day on which this regulation comes into operation and ending on 30 June 2009; or
	(b)	a period of 12 months commencing on 1 July 2009 or 1 July in any subsequent year.
	(3)	The Minister must determine the number of kilograms of vongole that is to be the value of a vongole unit for a vongole fishing zone and a quota period.
	(4)	The Minister may impose conditions on eligible marine scalefish fishery licences fixing vongole quota entitlements as follows:
	(a)	the Minister must determine the total number of vongole units to be allocated in respect of each vongole fishing zone;
	(b)	each licence may be allocated a share of the total number of vongole units in respect of a vongole fishing zone, being—
	(i)	a number of vongole units equal to 0.5% of the total number of vongole units to be allocated in respect of that zone; and
	(ii)	if, during the period that commenced on 1 July 2001 and ended on 30 June 2006, vongole were lawfully taken in that zone under a licence by the person who holds the licence on the commencement of this regulation, additional vongole units based on the total number of kilograms of vongole taken by the person in that zone during that period proportionate to the total number of kilograms taken under all eligible marine scalefish fishery licences and eligible rock lobster fishery licences in that zone during that period (as recorded on completed returns lodged under the relevant regulations).
	(5)	The Minister may impose or vary conditions of licences in respect of a marine scalefish fishery or eligible rock lobster fishery licences fixing vongole quota entitlements as follows:
	(a)	on joint application made to the Minister by the holders of any 2 licences in respect of a marine scalefish fishery subject to a condition fixing a vongole quota entitlement in respect of the same vongole fishing zone, the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;
	(b)	on joint application made to the Minister by the holder of a licence in respect of a marine scalefish fishery subject to a condition fixing a vongole quota entitlement in respect of a particular vongole fishing zone and the holder of an eligible rock lobster fishery licence subject to a condition fixing a vongole quota entitlement in respect of that zone, the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;
	(c)	on joint application made to the Minister by the holder of a licence in respect of a marine scalefish fishery subject to a condition fixing a vongole quota entitlement in respect of a particular vongole fishing zone (the first licence) and the holder of a licence in respect of a marine scalefish fishery not subject to a condition fixing a vongole quota entitlement in respect of that zone (the second licence)—
	(i)	the conditions of the first licence may be varied so as to decrease the unit entitlement under that licence in respect of that zone; and
	(ii)	a corresponding number of units may be allocated to the second licence and a condition fixing a vongole quota entitlement in respect of that zone may be imposed on that licence;
	(d)	on joint application made to the Minister by the holder of a licence in respect of a marine scalefish fishery subject to a condition fixing a vongole quota entitlement in respect of a particular vongole fishing zone (the first licence) and the holder of an eligible rock lobster fishery licence not subject to a condition fixing a vongole quota entitlement in respect of that zone (the second licence)—
	(i)	the conditions of the first licence may be varied so as to decrease the unit entitlement under that licence in respect of that zone; and
	(ii)	a corresponding number of units may be allocated to the second licence and a condition fixing a vongole quota entitlement in respect of that zone may be imposed on that licence;
	(e)	if the total catch of vongole taken during a quota period by the holder of a licence in respect of a marine scalefish fishery subject to a condition fixing a vongole quota entitlement exceeded the vongole quota entitlement under the licence for that quota period, the conditions of the licence may be varied so as to decrease the vongole quota entitlement—
	(i)	if the catch exceeded the quota entitlement by not more than 50 kilograms—by 1 kilogram for each kilogram taken in excess of the quota entitlement; or
	(ii)	if the catch exceeded the quota entitlement by more than 50 kilograms but not more than 250 kilograms—by 2 kilograms for each kilogram taken in excess of the quota entitlement;
	(f)	if—
	(i)	the holder of a licence in respect of a marine scalefish fishery is convicted of an offence of contravening a condition of the licence fixing a vongole quota entitlement; and
	(ii)	the conduct constituting the offence involved the taking of more than 250 kilograms of vongole in excess of the vongole quota entitlement,
the conditions of the licence may be varied so as to decrease the vongole quota entitlement under the licence for 3 quota periods following the conviction by 1 kilogram for each kilogram taken in excess of the quota entitlement for the quota period during which the offence was committed;
	(g)	if—
	(i)	the holder of a licence in respect of a marine scalefish fishery licence subject to a condition fixing a vongole quota entitlement has assisted in the carrying out of research work under the Act in relation to the fishery; and
	(ii)	the Minister considers that it is appropriate to compensate or reward the holder of the licence for the time spent in providing that assistance,
the conditions of the licence may be varied so as to increase the vongole quota entitlement under the licence.
	(6)	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.
	(7)	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.
	(8)	If a licence in respect of a marine scalefish fishery subject to a condition fixing a vongole quota entitlement is transferred to the holder of another such licence and 1 of those licences is surrendered, the conditions of the remaining licence may be varied so as to increase the unit entitlement under that licence by the number of vongole units allocated to the surrendered licence immediately before its surrender.
	(9)	Subject to subregulations (10) and (11), the holder of a licence in respect of a marine scalefish fishery must not take vongole for a commercial purpose in a vongole fishing zone unless the licence is subject to a condition fixing a vongole quota entitlement in respect of that zone.
Maximum penalty: $5 000.
	(10)	The holder of a licence in respect of a marine scalefish fishery subject to a condition fixing a vongole quota entitlement in respect of a vongole fishing zone may take vongole in another vongole fishing zone if—
	(a)	the holder of the licence is unable to lawfully take vongole in the vongole fishing zone to which the condition relates because—
	(i)	as a result of a variation in the conditions of the licence under subregulation (5), the number of vongole units allocated to the licence for the time being is zero; or
	(ii)	the total number of kilograms of vongole taken under the licence in that zone equals the quota entitlement under the licence in respect of that zone; and
	(b)	the vongole are taken solely for the purpose of bait to be used to take aquatic resources under the licence; and
	(c)	the number of vongole taken for that purpose on any 1 day does not exceed the number fixed by condition of the licence as the maximum number of vongole that may be taken in any 1 day for that purpose.
16A—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 the period of 12 months commencing on 1 July in any year;
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	
Eligible licence	Number of pipi units	
M236	14.25	
M301	12.11	
M489	0.00	
	(b)	for the quota period commencing on 1 July 2017 or 1 July 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.
17—Individual blue crab catch quota system
	(1)	In this regulation—
blue crab quota entitlement or quota entitlement, in relation to a licence in respect of a marine scalefish fishery or the Blue Crab Fishery and a blue crab fishing zone, means the maximum number of kilograms of blue crab that may lawfully be taken by the holder of the licence in that zone during a quota period, being the product of—
	(a)	the unit entitlement under that licence in respect of that zone; and
	(b)	the unit value for that zone and that quota period,
subject to any variation applying during that quota period;
quota period—a quota period for a marine scalefish fishery or the Blue Crab Fishery is a period of 12 months commencing on 1 July;
unit entitlement, in relation to a licence in respect of a marine scalefish fishery or the Blue Crab Fishery and a blue crab fishing zone, means the number of blue crab units for the time being allocated to the licence in respect of that zone;
unit value means the number of kilograms of blue crab determined by the Minister to be the value of a blue crab unit for a blue crab fishing zone and a quota period.
	(2)	The Minister must, on or before the commencement of each quota period, determine the number of kilograms of blue crab that is to be the value of a blue crab unit for a blue crab fishing zone and the quota period.
	(3)	The Minister may vary conditions on licences in respect of a marine scalefish fishery or the Blue Crab Fishery fixing blue crab quota entitlements as follows:
	(a)	on joint application made to the Minister by the holders of any 2 licences in respect of a marine scalefish fishery subject to conditions fixing blue crab quota entitlements in relation to the same blue crab fishing zone, the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;
	(b)	on joint application made to the Minister by the holder of a licence in respect of a marine scalefish fishery subject to a condition fixing a blue crab quota entitlement in relation to a particular blue crab fishing zone (the first licence) and the holder of another licence in respect of a marine scalefish fishery, being a licence not subject to a condition fixing a blue crab quota entitlement (whether at all or in relation to that zone) (the second licence)—
	(i)	the conditions of the first licence may be varied so as to decrease the unit entitlement under that licence in respect of that zone; and
	(ii)	a corresponding number of units may be allocated to the second licence and a condition fixing a blue crab quota entitlement in respect of that zone may be imposed on that licence;
	(c)	on joint application made to the Minister by the holder of a licence in respect of a marine scalefish fishery subject to a condition fixing a blue crab quota entitlement in relation to a particular blue crab fishing zone (the first licence) and the holder of a licence in respect of the Blue Crab Fishery subject to a condition fixing a blue crab quota entitlement in respect of the same zone (the second licence)—
	(i)	the conditions of the first licence may be varied so as to decrease the unit entitlement under that licence in respect of that zone and the conditions of the second licence may be varied so as to increase the unit entitlement under that licence in respect of that zone 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 in respect of that zone and the conditions of the second licence may be varied so as to decrease the unit entitlement under that licence in respect of that zone by a corresponding number of units;
	(d)	on joint application made to the Minister by the holder of a licence in respect of the Blue Crab Fishery subject to a condition fixing a blue crab quota in respect of a particular blue crab fishing zone (the first licence) and the holder of a licence in respect of a marine scalefish fishery not subject to a condition fixing a blue crab quota entitlement (whether at all or in relation to the same zone) (the second licence)—
	(i)	the conditions of the first licence may be varied so as to decrease the unit entitlement under that licence in respect of that zone; and
	(ii)	a corresponding number of units may be allocated to the second licence and a condition fixing a blue crab quota entitlement in respect of that zone may be imposed on that licence;
	(e)	if the total blue crab catch taken under a licence in respect of a marine scalefish fishery during a quota period exceeded the blue crab quota entitlement under the licence for that quota period, the conditions of the licence may be varied so as to decrease the blue crab quota entitlement—
	(i)	if the catch exceeded the blue crab quota entitlement by not more than 20 kilograms of blue crab—by 1 kilogram for each kilogram taken in excess of the blue crab quota entitlement; or
	(ii)	if the catch exceeded the blue crab quota entitlement by more than 20 kilograms but not more than 50 kilograms of blue crab—by 2 kilograms for each kilogram taken in excess of the blue crab quota entitlement;
	(f)	if—
	(i)	the holder of a licence in respect of a marine scalefish fishery is convicted of an offence of contravening a condition of the licence fixing a blue crab quota entitlement; and
	(ii)	the conduct constituting the offence involved the taking of more than 50 kilograms of blue crab in excess of the quota entitlement,
the conditions of the licence may be varied so as to decrease the blue crab quota entitlement under the licence for 3 quota periods following the conviction by 1 kilogram for each kilogram taken in excess of the quota entitlement for the quota period during which the offence was committed;
	(g)	a variation of a quota entitlement made under paragraph (e) must be expressed to apply only for the quota period during which the variation is made.
	(4)	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 by the Fisheries Management (Fees) Regulations 2007.
	(5)	The holder of a licence in respect of a marine scalefish fishery subject to a condition fixing a blue crab quota entitlement must not, while the unit entitlement under the licence is less than—
	(a)	in the case of a licence referred to in Schedule 4 of the Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 1991 as in force on 31 August 2006—19 blue crab units; or
	(b)	in any other case—80 blue crab units,
take blue crab under the licence except in the waters of the State west of longitude 135°E.
Maximum penalty: $5 000.
18—Individual sardine catch quota system
	(1)	This regulation applies only in relation to licences in respect of the Marine Scalefish Fishery under which sardine nets are registered.
	(2)	In this regulation—
Gulfs Zone means the waters adjacent to South Australia that are east of the meridian of longitude 135°37′30″E (extending south from near Cape Carnot, Eyre Peninsula) and north of latitude 35°52′00″S (extending to Kangaroo Island, in the vicinity of Vennachar Point) and north of a line between Penneshaw, Kangaroo Island, and Cape Jervis, Fleurieu Peninsula, enclosing the waters of Gulf St. Vincent and Spencer Gulf;
Outside Zone means the waters adjacent to South Australia that are not within the Gulfs Zone;
quota period—a quota period for the Marine Scalefish Fishery is a period of 12 months commencing on 1 January in any year;
sardine fishing zone means—
	(a)	the Gulfs Zone; or
	(b)	the Outside Zone;
sardine quota entitlement or quota entitlement, in relation to a licence in respect of the Marine Scalefish Fishery and a sardine fishing zone, means the maximum number of kilograms of sardines that may lawfully be taken by the holder of the licence in that zone during a quota period, being the product of—
	(a)	the unit entitlement under that licence in respect of that zone; and
	(b)	the unit value for that zone and quota period,
subject to any variation applying during that quota period;
unit entitlement in relation to a licence in respect of the Marine Scalefish Fishery and a sardine fishing zone, means the number of sardine units for the time being allocated to the licence in respect of that zone;
unit value means the number of kilograms of sardines determined by the Minister to be the value of a sardine unit for a sardine fishing zone and a quota period.
	(3)	The Minister must, on or before the commencement of each quota period, determine the number of kilograms of sardines that is to be the value of a sardine unit for a sardine fishing zone and the quota period.
	(4)	The Minister may impose or vary conditions on licences in respect of the Marine Scalefish Fishery fixing sardine quota entitlements as follows:
	(a)	licences in respect of the fishery may be allocated an equal number of sardine units in respect of the same sardine fishing zone;
	(b)	the Minister may, not more than twice during a quota period, vary the conditions of all licences in respect of the fishery so as to increase the sardine quota entitlements under the licences by the same number of sardine units in respect of the same sardine fishing zone;
	(c)	on joint application made to the Minister by the holders of any 2 licences in respect of the fishery, the conditions of those licences may be varied so as to increase (by whole units or part units) the unit entitlement under 1 of the licences in respect of a particular sardine fishing zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;
	(d)	if the total catch of sardines taken by the holder of a licence in respect of the fishery during a quota period exceeded the sardine quota entitlement under the licence for that quota period, the conditions of the licence may be varied so as to decrease the sardine quota entitlement—
	(i)	if the catch exceeded the sardine quota entitlement by not more than 15 tonnes of sardines—by 1 kilogram for each kilogram taken in excess of the sardine quota entitlement; or
	(ii)	if the catch exceeded the sardine quota entitlement by more than 15 tonnes but not more than 30 tonnes of sardines—by 2 kilograms for each kilogram taken in excess of the sardine quota entitlement;
	(e)	if—
	(i)	the holder of a licence in respect of the fishery is convicted of an offence of contravening a condition of the licence fixing a sardine quota entitlement; and
	(ii)	the conduct constituting the offence involved the taking of more than 30 tonnes of sardines in excess of the quota entitlement,
the conditions of the licence may be varied so as to decrease the sardine quota entitlement under the licence for 3 quota periods following the conviction by 1 kilogram for each kilogram taken in excess of the sardine quota entitlement for the quota period during which the offence was committed;
	(f)	a variation of a quota entitlement or unit entitlement under this subregulation (other than paragraph (e)) must be expressed to apply only for the remainder of the quota period during which the variation is made.
	(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 by the Fisheries Management (Fees) Regulations 2007.
	(6)	The holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a sardine quota entitlement must not take sardines under the licence while the total number of sardine units allocated to the licence is less than 100 units.
Maximum penalty: $5 000.
Expiation fee: $315.
18A—Restrictions on taking of pipi, blue crab, sardines, cockles and vongole
	(1)	The holder of a licence in respect of a marine scalefish fishery must not take pipi for a commercial purpose unless the licence is subject to a condition fixing a pipi quota entitlement.
Maximum penalty: $5 000.
Expiation fee: $315.
	(2)	The holder of a licence in respect of a marine scalefish fishery (other than an eligible licence) must not take pipi under the licence except for the purpose of bait to be used to take aquatic resources under the licence.
Maximum penalty: $5 000.
Expiation fee: $315.
	(3)	The holder of a licence in respect of a marine scalefish fishery must not take blue crab in a blue crab fishing zone for a commercial purpose unless the licence is subject to a condition fixing a blue crab quota entitlement in relation to that zone.
Maximum penalty: $5 000.
Expiation fee: $315.
	(4)	The holder of a licence in respect of a marine scalefish fishery must not take sardines for a commercial purpose unless the licence is subject to a condition fixing a sardine quota entitlement.
Maximum penalty: $5 000.
Expiation fee: $315.
	(5)	The holder of a licence in respect of a marine scalefish fishery that is not subject to a condition fixing a vongole quota entitlement must not take vongole under the licence unless—
	(a)	the vongole are taken solely for the purpose of bait to be used to take aquatic resources under the licence; and
	(b)	the number of vongole taken for that purpose on any 1 day does not exceed the number fixed by condition of the licence as the maximum number of vongole that may be taken in any 1 day for that purpose.
Maximum penalty: $5 000.
Expiation fee: $315.
	(6)	The holder of a licence in respect of a marine scalefish fishery must not, on any 1 day, take a number of cockles under the licence exceeding the number fixed by condition of the licence as the maximum number of cockles that may be taken in any 1 day.
Maximum penalty: $5 000.
Expiation fee: $315.
18B—Restriction on use of cockle rakes
The holder of a licence in respect of a marine scalefish fishery must not use, or cause, suffer or permit the use of, more than 6 cockle rakes at any 1 time for the purpose of taking pipi under the licence.
Maximum penalty: $5 000.
Expiation fee: $315.
18C—Pipi to be landed within State
The holder of an eligible licence in respect of the Marine Scalefish Fishery must ensure that all pipi taken under the licence are landed within the State.
Maximum penalty: $5 000.
Expiation fee: $315.
18D—Restriction on use of sand crab pots
The holder of a licence in respect of the Marine Scalefish Fishery must not take aquatic resources (other than sand crabs) in the waters of the Fishery using a sand crab pot.
Maximum penalty: $5 000.
Expiation fee: $315.
18E—Restriction on carriage of devices on registered boat
	(1)	If sand crab pots are carried on a registered boat used under a licence in respect of the Marine Scalefish Fishery, registered devices of any other kind must not be carried on the boat at the same time.
	(2)	If subregulation (1) is contravened, the registered owner and registered master of the registered boat are each guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $315.
19—Restriction on use of certain registered boats to take sardines
	(1)	A registered boat registered for use under more than 1 MSSF licence must not be used to take sardines under more than 1 such licence at any 1 time.
	(2)	If subregulation (1) is contravened, the registered owner and registered master of the registered boat are each guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $315.
19A—Information to be provided to Minister before pipi are taken
	(1)	At least 1 hour before the commencement of fishing activities involving the taking of pipi under an eligible licence in respect of the Marine Scalefish Fishery, the Minister must be informed by telephone of—
	(a)	the name of the person making the telephone call; and
	(b)	the date on which, and the time at which, the fishing activities are to be engaged in; and
	(c)	the location at which the fishing activities are to be engaged in; and
	(d)	the number of the licence under which the fishing activities are to be engaged in; and
	(e)	the name of the holder of the licence; and
	(f)	if a registered boat is to be used for the purpose of engaging in the fishing activities—the name of the registered master of the boat; and
	(g)	if a nominated agent approved under regulation 21A is to be engaged in the fishing activities—the name of the nominated agent.
	(2)	If subregulation (1) is not complied with, the holder of the licence is guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $315.
19B—Information to be provided to Minister before vongole are taken
At least 1 hour before the commencement of fishing activities involving the taking of vongole under a licence in respect of a marine scalefish fishery subject to a condition fixing a vongole quota entitlement, the holder of the licence must ensure that—
	(a)	the Minister is informed by telephone of—
	(i)	the name of the person making the telephone call; and
	(ii)	the date on which the fishing activities are to be engaged in; and
	(iii)	the number of the licence under which the fishing activities are to be engaged in; and
	(iv)	the name of the holder of the licence; and
	(v)	the location at which any vongole to be taken under the licence are to be weighed; and
	(vi)	the estimated time of arrival of the vongole at that location; and
	(vii)	whether any vongole to be taken are to be returned to the waters of the State for storage before consignment or delivery to a registered fish processor; and
	(b)	the Minister is notified of any change in the estimated time of arrival of the vongole at the location referred to in paragraph (a)(v) if it appears likely that the vongole will arrive at that location earlier than the estimated time previously notified to the Minister or more than 1 hour after that time.
Maximum penalty: $5 000.
Expiation fee: $315.
20—Information to be provided to Minister before certain registered boats are used to take sardines
	(1)	Subject to subregulation (3), at least 4 hours before a registered boat used under more than 1 MSSF licence departs on a trip during which it is to be used to take sardines under such a licence, the Minister must be informed by telephone of—
	(a)	the intended time of the boat's departure; and
	(b)	the number of the licence under which the boat is to be used.
	(2)	If subregulation (1) is not complied with, the registered owner and registered master of the registered boat are each guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $315.
	(3)	If a boat is used to take sardines on 2 or more consecutive occasions under the same MSSF licence, subregulation (1) need only be complied with in relation to the first occasion.
21—Use of agents in fishing activities (licences under which boats are registered)
	(1)	This regulation applies only in relation to licences under which 1 or more registered boats are used to take aquatic resources.
	(2)	The holder of a licence in respect of a marine scalefish fishery, or the registered master of a registered boat used under such a licence, must not cause or permit a person to be engaged on the shore as an agent of the holder of the licence in a fishing activity of a class that constitutes the fishery unless—
	(a)	the holder of the licence or the registered master is at the same time also engaged on the shore in a fishing activity of a class that constitutes the fishery; and
	(b)	the holder of the licence or the registered master (as the case may be) and the other person remain, while so engaged, within 700 metres of each other.
Maximum penalty: $5 000.
Expiation fee: $315.
	(3)	The holder of a licence in respect of the Marine Scalefish Fishery, or the registered master of a registered boat used under such a licence, must not cause or permit more than 2 persons to be engaged at the same time on the shore as agents of the holder of the licence in a fishing activity of a class that constitutes the fishery (other than the taking of pipi under an eligible licence in the Lakes and Coorong).
Maximum penalty: $5 000.
Expiation fee: $315.
	(4)	The holder of an eligible licence in respect of the Marine Scalefish Fishery, or the registered master of a registered boat used under such a licence, must not cause or permit more than 8 persons to be engaged at the same time on the shore as agents of the holder of the licence in the taking of pipi under the licence in the Lakes and Coorong.
Maximum penalty: $5 000.
Expiation fee: $315.
	(5)	The Minister may impose conditions on an eligible licence in respect of the Marine Scalefish Fishery limiting the fishing activities that may be engaged in by agents of the holder of the licence in connection with the taking of pipi under the licence in the Lakes and Coorong.
	(6)	The holder of a licence in respect of the Restricted Marine Scalefish Fishery, or the registered master of a registered boat used under such a licence, must not cause or permit more than 1 person to be engaged at the same time on the shore as an agent of the holder of the licence in a fishing activity of a class that constitutes the fishery.
Maximum penalty: $5 000.
Expiation fee: $315.
21A—Use of agents in fishing activities (licences under which no registered boats are used)
	(1)	This regulation applies only in relation to licences under which there are no registered boats.
	(2)	The holder of a licence in respect of the Marine Scalefish Fishery that is subject to a condition fixing a relevant quota entitlement must not cause or permit a person to be engaged on the shore as an agent of the holder of the licence in a relevant fishing activity unless—
	(a)	the holder of the licence or a nominated agent is at the same time also engaged on the shore in a fishing activity of a class that constitutes the fishery; and
	(b)	the holder of the licence or nominated agent (as the case may be) and the other person remain, while so engaged, within 700 metres of each other.
Maximum penalty: $5 000.
Expiation fee: $315.
	(3)	The holder of a licence in respect of the Marine Scalefish Fishery must not cause or permit more than 2 persons to be engaged at the same time on the shore as agents of the holder of the licence in a fishing activity of a class that constitutes the fishery other than the taking of pipi under the licence in the Lakes and Coorong.
Maximum penalty: $5 000.
Expiation fee: $315.
	(4)	The holder of an eligible licence in respect of the Marine Scalefish Fishery must not cause or permit more than 8 persons (not including a nominated agent) to be engaged at the same time on the shore as agents of the holder of the licence in the taking of pipi under the licence in the Lakes and Coorong.
Maximum penalty: $5 000.
Expiation fee: $315.
	(5)	The Minister may impose conditions on an eligible licence in respect of the Marine Scalefish Fishery limiting the fishing activities that may be engaged in by agents of the holder of the licence in connection with a relevant fishing activity.
	(6)	The Minister may, on application by the holder of an eligible licence, approve a person as a nominated agent for the purposes of this regulation.
	(7)	An approval under subregulation (6) may be made subject to such conditions as the Minister thinks fit.
	(8)	A person must not contravene, or fail to comply with, a condition of an approval under subregulation (6).
Maximum penalty: $5 000.
Expiation fee: $315.
	(9)	In this regulation—
nominated agent means a person approved by the Minister as a nominated agent under subregulation (6);
relevant fishing activity means—
	(a)	the taking of pipi in the Lakes and Coorong; or
	(b)	the taking of vongole;
relevant quota entitlement means—
	(a)	a pipi quota entitlement; or
	(b)	a vongole quota entitlement.
22—Catch and disposal records—blue crab
	(1)	In this regulation—
CDR book means a book issued by the Department containing blank BSCF1 forms;
BSCF1 form means the document produced by the Department entitled BSCF1 Primary Industries (S.A.) Fisheries Blue Crab Catch and Disposal Record.
	(2)	The holder of a licence in respect of a marine scalefish fishery subject to a condition fixing a blue crab quota entitlement or the registered master of a boat from which blue crab is taken under such a licence must comply with the following provisions:
	(a)	immediately on landing blue crab taken under the licence, he or she must weigh the crabs on accurate scales and complete Part A of a BSCF1 form;
	(b)	he or she must cause the crabs to which the completed Part A of that form relates to be transported to the registered premises of the registered fish processor specified on the form, together with the white, blue and green copies of the completed form;
	(c)	he or she must complete BSCF1 forms in consecutive ascending order and complete all forms in a CDR book before commencing to use a new CDR book;
	(d)	he or she must ensure that the yellow copies of BSCF1 forms and the CDR book are kept on board the registered boat until the CDR book is completed;
	(e)	he or she must deliver a completed CDR book to the Minister within 14 days of its completion.
	(3)	If a provision of subregulation (2) is not complied with, the holder of the licence is guilty of an offence.
Maximum penalty: $5 000.
22A—Catch and disposal records—vongole
	(1)	In this regulation—
approved means approved by the Minister;
V‑CDR book means the document issued by the Department containing blank V‑CDR forms;
V‑CDR form means the form produced by the Department entitled Vongole Catch and Disposal Record.
	(2)	The holder of a licence in respect of a marine scalefish fishery subject to a condition fixing a vongole quota entitlement or the registered master of a registered boat used under such a licence must comply with the following provisions in respect of vongole taken under the licence:
	(a)	before the vongole are removed to a place that is 50 m or more above Mean High Water Springs, the holder of the licence or the registered master must complete the white, blue and yellow copies of a V‑CDR form;
	(b)	the holder of the licence or the registered master must ensure that—
	(i)	before any vongole are returned to the waters of the State for storage—
	(A)	the vongole are weighed and placed in containers of an approved kind each of which is sealed with a tag issued by the Minister; and
	(B)	the containers are marked with the number of the licence under which the vongole were taken and the licence number and the number of containers is recorded on the V‑CDR form; and
	(ii)	the fact that the vongole have been so returned and the location of the containers in which the vongole are stored are recorded on the V‑CDR form;
	(c)	the holder of the licence or the registered master must ensure that tags are used in consecutive order and that all tags in each series issued by the Minister are completed before a new series of tags is used;
	(d)	the holder of the licence or the registered master must ensure that tags are not reused;
	(e)	if a tag is damaged in the process of sealing a container—the holder of the licence or the registered master must ensure that the damaged tag is threaded onto a replacement tag used to seal the container and that the number of the replacement tag is recorded on the V‑CDR form;
	(f)	if a tag is lost—the holder of the licence or the registered master must ensure that the Minister is immediately notified of the loss;
	(g)	the holder of the licence or the registered master must ensure—
	(i)	that the white copy of the V‑CDR form is posted to the Minister within 48 hours of its completion; or
	(ii)	if, within 48 hours of completion of the V‑CDR form, the form is transmitted by fax to a number nominated by the Minister for the purposes of this subparagraph—that the white copy of the V‑CDR form is posted to the Minister within 7 days of its completion;
	(h)	the holder of the licence or the registered master must ensure that V‑CDR forms are completed in consecutive order and that all forms in a V‑CDR book are completed before a new V‑CDR book is used;
	(i)	the holder of the licence or the registered master must ensure that, at least 1 hour before any vongole being stored in the waters of the State are brought ashore or landed, the Minister is notified of—
	(i)	the weight of the vongole being stored; and
	(ii)	the number of containers of an approved kind in which the vongole are being stored; and
	(iii)	the tag number on each tag used to seal a container in which the vongole are being stored;
	(j)	the holder of the licence or the registered master must cause the vongole to which the completed V‑CDR form relates to be transported to the registered premises of the registered fish processor specified on the form, together with the blue copy of the completed form;
	(k)	the holder of the licence or the registered master must ensure that any sealed containers of an approved kind containing vongole are not unsealed before the vongole are consigned or delivered to a registered fish processor.
Maximum penalty: $5 000.
Expiation fee: $315.
	(3)	The holder of a licence in respect of a marine scalefish fishery subject to a condition fixing a vongole quota entitlement must ensure that if a V‑CDR form completed in respect of vongole taken under the licence is cancelled, all copies of the form are marked with the word "cancelled" and the original copy of the form is delivered to the Minister within 24 hours of the cancellation.
Maximum penalty: $5 000.
Expiation fee: $315.
	(4)	The holder of a licence in respect of a marine scalefish fishery subject to a condition fixing a vongole quota entitlement must keep all completed V‑CDR books for a period of 5 years.
Maximum penalty: $5 000.
Expiation fee: $315.
	(5)	The holder of a licence in respect of a marine scalefish fishery subject to a condition fixing a vongole quota entitlement must keep the yellow copies of completed V‑CDR forms for a period of 3 years.
Maximum penalty: $5 000.
Expiation fee: $315.
22B—Disposal of vongole
The holder of a licence in respect of a marine scalefish fishery subject to a condition fixing a vongole quota entitlement must ensure that all vongole taken under the licence are consigned or delivered to a registered fish processor.
Maximum penalty: $5 000.
Expiation fee: $315.
22C—Disposal of pipi
The holder of an eligible licence in respect of the Marine Scalefish Fishery must ensure that all pipi taken under the licence are delivered or consigned to a registered fish processor.
Maximum penalty: $5 000.
Expiation fee: $315.
23—Disposal of sardines
The holder of a MSSF licence must ensure that all sardines taken under the licence are delivered or consigned to a registered fish processor.
Maximum penalty: $5 000.
Expiation fee: $315.
24—Restriction on unloading of sardines onto other boats
The registered owner or registered master of a registered boat from which sardines are taken under a MSSF licence must not cause, suffer or permit the sardines to be unloaded onto another boat unless the other boat is specified on the certificate of registration of the registered fish processor to whom the sardines are to be consigned.
Maximum penalty: $5 000.
Expiation fee: $315.
25—Information relating to catch and disposal of sardines to be reported to Minister
	(1)	If sardines are taken from a registered boat under a MSSF licence, the holder of the licence must ensure that the information specified in subregulation (2) is reported to the Minister within the time specified in subregulation (3).
Maximum penalty: $2 500.
Expiation fee: $210.
	(2)	The information that must be reported is—
	(a)	the name of the person making the telephone call; and
	(b)	the number of the licence under which the sardines were taken; and
	(c)	the name of the registered boat from which the sardines were taken; and
	(d)	the name of the registered master of the registered boat; and
	(e)	the location at which the sardines are to be unloaded from the registered boat; and
	(f)	the estimated time of arrival of the registered boat at that location; and
	(g)	the estimated total weight in tonnes of the sardines taken; and
	(h)	the name of the registered fish processor to whom the sardines are to be consigned; and
	(i)	whether the sardines are to be delivered to the registered premises of the registered fish processor or to be loaded onto a boat specified in the certificate of registration of the registered fish processor; and
	(j)	the estimated time at which the sardines are to be unloaded from the registered boat; and
	(k)	the number of the PF-CDR form that is to be completed in respect of the sardines.
	(3)	The time within which the information must be reported to the Minister is—
	(a)	if the sardines are to be delivered to the registered premises of a registered fish processor—at least 1 hour before the sardines are unloaded from the registered boat; or
	(b)	if the sardines are to be loaded onto a boat specified in the certificate of registration of a registered fish processor—at least 2 hours before the sardines are unloaded from the registered boat.
	(4)	If, after the name of a registered fish processor is reported to the Minister under subregulation (1), the holder of the licence decides to consign the sardines to a different fish processor from that named in the report, the holder of the licence must ensure that the name of the other registered fish processor is reported to the Minister before the sardines are unloaded from the registered boat.
Maximum penalty: $5 000.
Expiation fee: $315.
	(5)	A report required by subregulation (1) or (4) must be made by telephone to a telephone number provided by the Minister for the purposes of this regulation.
25A—Catch and disposal records—pipi
	(1)	In this regulation—
approved container means a container approved by the Minister for the purposes of containing pipi;
G-CDR book means the document issued by the Department containing blank G‑CDR forms;
G-CDR form means the form produced by the Department entitled Pipi Cockle Catch and Disposal Record.
	(2)	The holder of an eligible licence in respect of the fishery or the registered master of a registered boat used under such a licence must comply with the following provisions in respect of pipi taken under the licence:
	(a)	before the pipi are removed to a place that is 100 m or more above Mean High Water Springs of coastal waters, he or she must ensure that—
	(i)	the pipi are placed in an approved container and sealed with a tag issued by the Minister; and
	(ii)	a G‑CDR form in respect of the pipi is completed; and
	(iii)	the original G‑CDR form is placed in an envelope and secured to the container containing the pipi or, if there is more than 1 container containing the pipi, to 1 of those containers;
	(b)	if a tag is damaged in the process of sealing a container—he or she must ensure that the damaged tag is threaded onto a replacement tag used to seal the container and that the number of the replacement tag is recorded on the G‑CDR form;
	(c)	if a tag is lost—he or she must ensure that the Minister is immediately notified of the loss;
	(d)	he or she must ensure—
	(i)	that the G‑CDR form is posted to the Minister within 48 hours of its completion; or
	(ii)	if, within 48 hours of completion of the G‑CDR form, the form is transmitted by fax to a fax number nominated by the Minister for the purposes of this subparagraph—that the G‑CDR form is posted to the Minister within 4 days of its completion;
	(e)	he or she must ensure that G‑CDR forms are completed in consecutive order and that all forms in a G‑CDR book are completed before a new G‑CDR book is used;
	(f)	he or she must ensure that the sealed containers containing the pipi are not opened before the pipi are delivered or consigned to a registered fish processor.
Maximum penalty: $5 000.
Expiation fee: $315.
	(3)	The holder of an eligible licence in respect of the Marine Scalefish Fishery must ensure that if a G‑CDR form completed in respect of pipi taken under the licence is cancelled, all copies of the form are marked with the word "cancelled" and the original copy of the form is delivered to the Minister within 24 hours of the cancellation.
Maximum penalty: $5 000.
Expiation fee: $315.
	(4)	The holder of an eligible licence in respect of the Marine Scalefish Fishery must keep completed G‑CDR books for a period of 5 years.
Maximum penalty: $5 000.
Expiation fee: $315.
	(5)	The holder of an eligible licence in respect of the Marine Scalefish Fishery must keep copies of completed G‑CDR forms for a period of 3 years.
Maximum penalty: $5 000.
Expiation fee: $315.
26—Catch and disposal records—sardines
	(1)	In this regulation—
PF‑CDR book means the book issued by the Department containing blank PF‑CDR forms;
PFTF book means the book issued by the Department containing blank PFTF forms;
PFTF form means the form produced by the Department entitled Sardine Fishery Transit Form.
	(2)	If sardines are taken from a registered boat under a MSSF licence, the holder of the licence or the registered master of the registered boat must comply with the following provisions:
	(a)	immediately after the sardines are unloaded from the registered boat, he or she must complete Part A of a PF-CDR form in respect of the sardines;
	(b)	if the sardines are to be loaded onto a boat specified in the certificate of registration of a registered fish processor, he or she must ensure that the blue and green copies of the PF-CDR form completed in respect of the sardines are given to the registered fish processor or an agent of the registered fish processor when the sardines are loaded onto that boat;
	(c)	if the sardines are to be transported to the registered premises of a registered fish processor, he or she must ensure that the blue and green copies of the PF‑CDR form completed in respect of the sardines are transported to the registered premises together with the sardines;
	(d)	if the sardines are to be transported to the registered premises of a registered fish processor by 2 or more vehicles, he or she must ensure that—
	(i)	the blue and green copies of the PF-CDR form completed in respect of the sardines are transported in 1 of the vehicles together with the sardines; and
	(ii)	Part A of a PFTF form is completed in respect of each other vehicle that is to be used to transport the sardines; and
	(iii)	the blue copy of a PFTF form completed in respect of a vehicle is transported to the registered premises together with the sardines carried in that vehicle;
	(e)	he or she must cause the white copy of a PFTF form completed in respect of a vehicle to be posted to the Minister within 48 hours of the sardines having being loaded onto the vehicle for transportation to the registered premises of the registered fish processor;
	(f)	he or she must cause the white copy of the PF-CDR form completed in respect of the sardines to be posted to the Minister—
	(i)	within 24 hours of the sardines having been unloaded from the registered boat; or
	(ii)	if a copy of the form has been sent to the Minister by facsimile transmission—within 48 hours of the sardines having been unloaded from the registered boat;
	(g)	he or she must ensure that the CDR book is kept on the registered boat until all the PF-CDR forms in the book are completed.
	(3)	If a provision of subregulation (2) is not complied with, the holder of the licence is guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $315.
	(4)	The holder of a MSSF licence must ensure that if a PF-CDR form completed in respect of sardines taken under the licence is cancelled, all copies of the form are marked with the word "cancelled" and the white, blue and green copies of the form are delivered to the Minister within 24 hours of the cancellation.
Maximum penalty: $5 000.
Expiation fee: $315.
	(5)	The holder of a MSSF licence must keep the following documents for a period of 7 years:
	(a)	CDR books containing the yellow copies of completed PF-CDR forms;
	(b)	PFTF books containing the yellow copies of completed PFTF forms.
Maximum penalty: $5 000.
Expiation fee: $315.
27—Periodic returns
	(1)	The holder of a licence in respect of a marine scalefish fishery must—
	(a)	complete a return, in a form determined by the Minister, in respect of each calendar month during the currency of the licence; and
	(b)	include in the return such information as the Minister requires; and
	(c)	date and sign the return and certify that the information contained in the return is complete and accurate, and post or deliver the return to the Minister within 15 days of the end of the month to which it relates.
Maximum penalty: $5 000.
Expiation fee: $315.
	(2)	If the holder of a licence takes no aquatic resources under the licence during a particular calendar month, he or she is required by subregulation (1) to furnish a return in respect of that period indicating that no aquatic resources were taken.
	(3)	If a marine scalefish fishery has been closed for a whole calendar month, the holder of a licence need not furnish a return for that month.
	(4)	The holder of a licence must—
	(a)	make a copy of each return that he or she completes under this regulation before the return is sent or delivered to the Minister; and
	(b)	retain the copy for a period of 12 months from the last day of the month to which the return relates.
Maximum penalty: $5 000.
Expiation fee: $315.
28—Provision relating to keeping of documents
A person required by these regulations to keep a document for a period of time must ensure that the document—
	(a)	is maintained in a good condition and is legible; and
	(b)	is kept in a readily accessible place; and
	(c)	is produced for inspection by a fisheries officer on request.
Maximum penalty: $2 500.
Expiation fee: $210.

Schedule 1—Aquatic resources prescribed for marine scalefish fisheries

Annelids	
Beachworm (Class Polychaeta)
Bloodworm (Class Polychaeta)
Tubeworm (Class Polychaeta)	
Crustaceans	
Blue Swimmer Crab (Portunus pelagicus)
Sand Crab (Ovalipes spp)
Velvet Crab (Nectocarcinus tuberculosus)	
Molluscs	
Southern Calamari (Sepioteuthis australis)
Cockle
Cuttlefish (Sepia spp)
Mussel (Mytilus spp)
Octopus (Octopus spp)
Oyster (Family Ostreidae)
Scallop (Family Pectinidae)
Gould's Squid (Notodarus gouldi)
Vongole	
Scalefish	
Australian Anchovy (Engraulis australis)
Barracouta (Thyrsites atun)
Black Bream (Acanthopagrus butcheri)
Cod of all marine species (Family Moridae)
Dory (Family Zeidae)
Flathead (Family Platycephalidae)
Flounder (Family Bothidae or Pleuronectidae)
Southern Garfish (Hyporhamphus melanochir)
Bluespotted Goatfish (Upeneichthys vlamingii)
Australian Herring (Arripis georgianus)
Yellowtail Kingfish (Seriola lalandi)
Leatherjacket (Family Monacanthidae)
Pink Ling (Genypterus blacodes)
Blue Mackerel (Scomber australasicus)
Common Jack Mackerel (Trachurus declivis)
Morwong (Family Cheilodactylidae)
Mullet of all species (Family Mugilidae)
Mulloway (Argyrosomus hololepidotus)
Redfish (Centroberyx affinis)
Bight Redfish (Centroberyx gerrardi)
West Australian Salmon (Arripis truttaceus)
Australian Sardine (Sardinops sagax)
Snapper (Pagrus auratus)
Snook (Sphyraena novaehollandiae)
Southern Sole (Aseraggodes haackeanus)
Sea Sweep (Scorpis aequipinnis)
Swallowtail (Centroberyx lineatus)
Blue‑eye Trevalla (Hyperoglyphe antarctica)
Trevally (Caranginae spp)
Western Striped Grunter (Pelates octolineatus)
Whiting (Family Sillaginidae)
Wrasse (Family Labridae) (other than Western Blue Groper (Achoerodus gouldii))	
Sharks	
Rays of all species (Class Elasmobranchii)
Shark of all species (Class Elasmobranchii) other than White Shark (Carcharodon carcharias)
Skate of all species (Class Elasmobranchii)	

Schedule 2—Transitional provisions
1—Eligibility to be granted fishery licence
	(1)	Only a person who is, immediately before 30 June 2008, the holder of a licence in respect of the Marine Scalefish Fishery, may make an application under section 54 of the Act for a licence in respect of that fishery.
	(2)	Only a person who is, immediately before 30 June 2008, the holder of a licence in respect of the Restricted Marine Scalefish Fishery, may make an application under section 54 of the Act for a licence in respect of that fishery.
2—Fees for taking of pipi
	(1)	Despite regulation 5(3) of the Fisheries Management (Fees) Regulations 2007, if the holder of an eligible licence in respect of the Marine Scalefish Fishery is allocated a number of pipi units under regulation 16A(3) for the quota period commencing on 1 November 2009, the holder of the licence must, before 31 December 2009, pay an additional annual fee of $204.10 for each pipi unit of the pipi quota entitlement under the licence.
	(2)	An additional annual fee payable under this clause may be paid by equal instalments at intervals fixed by the Minister.

Legislative history
Notes
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Formerly
Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 2006
Revocation of regulations
The Fisheries Management (Marine Scalefish Fisheries) Regulations 2006 were revoked by Sch 2 cl 1 of the Fisheries Management (Marine Scalefish Fisheries) Regulations 2017 on 15.1.2018.
Legislation revoked by principal regulations
The Fisheries Management (Marine Scalefish Fisheries) Regulations 2006 revoked the following:
Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 1991
Principal regulations and variations
Year	No	Reference	Commencement	
2006	205	Gazette 24.8.2006 p2941	1.9.2006: r 2 	
2007	51	Gazette 26.4.2007 p1410	1.6.2007: r 2	
2007	124	Gazette 7.6.2007 p2477	Pt 8 (r 10)—1.7.2007: r 2	
2007	175	Gazette 21.6.2007 p2698	Pt 8 (rr 25—27)—21.6.2007: r 2	
2007	282	Gazette 29.11.2007 p4480	1.12.2007: r 2	
2007	310	Gazette 13.12.2007 p4867	13.12.2007: r 2—disallowed on 23.7.2008 (Gazette 31.7.2008 p3495)	
2008	182	Gazette 26.6.2008 p2653	26.6.2008: r 2—rendered inoperative by disallowance of 310/2007	
2008	272	Gazette 16.10.2008 p4848	16.10.2008: r 2	
2009	259	Gazette 29.10.2009 p5049	29.10.2009: r 2	
2011	24	Gazette 7.4.2011 p979	7.4.2011: r 2	
2016	243	Gazette 20.10.2016 p4077	20.2.2017: r 2	
2016	290	Gazette 15.12.2016 p5030	1.1.2017: r 2	
2016	294	Gazette 15.12.2016 p5049	1.7.2017: r 2	
Provisions varied
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
r 1	varied by 282/2007 r 4	1.12.2007	
r 2	omitted under Legislation Revision and Publication Act 2002	1.6.2007	
r 3	varied by 282/2007 r 5(12)	1.12.2007	
	varied by 272/2008 r 4(5)	16.10.2008	
r 3(1)			
Act	substituted by 282/2007 r 5(1)	1.12.2007	
blue crab	varied by 282/2007 r 5(2)	1.12.2007	
Blue Crab Fishery	varied by 282/2007 r 5(3)	1.12.2007	
blue crab fishing zone	varied by 282/2007 r 5(4)	1.12.2007	
cm	inserted by 310/2007 r 4(1)	13.12.2007—disallowed 23.7.2008	
coastal waters	deleted by 282/2007 r 5(5)	1.12.2007	
cockle	inserted by 272/2008 r 4(1)	16.10.2008	
	substituted by 294/2016 r 4(1)	1.7.2017	
cockle fishing zone	inserted by 272/2008 r 4(1)	16.10.2008	
	deleted by 294/2016 r 4(2)	1.7.2017	
cockle quota entitlement	inserted by 272/2008 r 4(1)	16.10.2008	
	deleted by 294/2016 r 4(3)	1.7.2017	
cockle rake	inserted by 259/2009 r 4(1)	29.10.2009	
Coffin Bay vongole fishing zone	inserted by 272/2008 r 4(1)	16.10.2008	
	Coffin Bay cockle fishing zone varied to read Coffin Bay vongole fishing zone by 294/2016 r 4(4)	1.7.2017	
crab net	varied by 282/2007 r 5(6)	1.12.2007	
domestic partner	inserted by 51/2007 r 19(1)	1.6.2007	
eligible licence	inserted by 310/2007 r 4(2)	13.12.2007—disallowed 23.7.2008	
eligible licence	inserted by 259/2009 r 4(2)	29.10.2009	
Gulf St. Vincent Blue Crab Fishing Zone	varied by 282/2007 r 5(7)	1.12.2007	
Lakes and Coorong	inserted by 310/2007 r 4(3)	13.12.2007—disallowed 23.7.2008	
Lakes and Coorong	inserted by 259/2009 r 4(3)	29.10.2009	
Lakes and Coorong Fishery	inserted by 310/2007 r 4(3)	13.12.2007—disallowed 23.7.2008	
Lakes and Coorong Fishery	inserted by 259/2009 r 4(3)	29.10.2009	
m	inserted by 310/2007 r 4(3)	13.12.2007—disallowed 23.7.2008	
MSFP licence	deleted by 282/2007 r 5(8)	1.12.2007	
MSSF licence	inserted by 282/2007 r 5(8)	1.12.2007	
Northern Zone Rock Lobster Fishery	inserted by 272/2008 r 4(2)	16.10.2008	
ocean jacket trap	inserted by 24/2011 r 4(1)	7.4.2011	
PF-CDR form	substituted by 259/2009 r 4(4)	29.10.2009	
pilchard	deleted by 282/2007 r 5(9)	1.12.2007	
pilchard net	deleted by 282/2007 r 5(9)	1.12.2007	
pipi	inserted by 310/2007 r 4(4)	13.12.2007—disallowed 23.7.2008	
pipi	inserted by 259/2009 r 4(4)	29.10.2009	
pipi quota entitlement	inserted by 310/2007 r 4(4)	13.12.2007—disallowed 23.7.2008	
pipi quota entitlement	inserted by 259/2009 r 4(4)	29.10.2009	
Port River vongole fishing zone	inserted by 272/2008 r 4(3)	16.10.2008	
	Port River cockle fishing zone varied to read Port River vongole fishing zone by 294/2016 r 4(5)	1.7.2017	
revoked regulations	deleted by 282/2007 r 5(9)	1.12.2007	
sand crab pot	inserted by 24/2011 r 4(2)	7.4.2011	
SARDI	deleted by 282/2007 r 5(9)	1.12.2007	
sardine	inserted by 282/2007 r 5(9)	1.12.2007	
sardine net	inserted by 282/2007 r 5(9)	1.12.2007	
sardine quota entitlement	inserted by 282/2007 r 5(9)	1.12.2007	
Spencer Gulf Blue Crab Fishing Zone	varied by 282/2007 r 5(10)	1.12.2007	
spouse	substituted by 51/2007 r 19(2)	1.6.2007	
vongole	inserted by 294/2016 r 4(6)	1.7.2017	
vongole fishing zone	inserted by 294/2016 r 4(6)	1.7.2017	
vongole quota entitlement	inserted by 294/2016 r 4(6)	1.7.2017	
West Coast vongole fishing zone	inserted by 272/2008 r 4(4)	16.10.2008	
	West Coast cockle fishing zone varied to read West Coast vongole fishing zone by 294/2016 r 4(7)	1.7.2017	
r 3(2)	varied by 282/2007 r 5(11)	1.12.2007	
	substituted by 272/2008 r 4(5)	16.10.2008	
r 4			
r 4(2)	varied by 282/2007 r 6(1), (2)	1.12.2007	
r 4(3)	substituted by 282/2007 r 6(3)	1.12.2007	
r 5	substituted by 282/2007 r 7	1.12.2007	
r 6	deleted by 282/2007 r 7	1.12.2007	
r 7 before deletion by 282/2007			
r 7(6)	substituted by 175/2007 r 25(1)	21.6.2007	
r 7(8)	varied by 175/2007 r 25(2)	21.6.2007	
rr 7 and 8	deleted by 282/2007 r 7	1.12.2007	
r 9			
r 9(2)	substituted by 282/2007 r 8(1)	1.12.2007	
r 9(4)	substituted by 282/2007 r 8(2)	1.12.2007	
r 9(5)	substituted by 282/2007 r 8(2)	1.12.2007	
	(g) deleted by 243/2016 r 4	20.2.2017	
r 10	varied by 51/2007 r 20(1), (2)	1.6.2007	
r 11			
r 11(1)			
aggregate gear entitlement	substituted by 282/2007 r 9(1)	1.12.2007	
gear endorsement	deleted by 282/2007 r 9(1)	1.12.2007	
net	varied by 282/2007 r 9(2)	1.12.2007	
net licence	substituted by 282/2007 r 9(3)	1.12.2007	
r 11(2)	varied by 282/2007 r 9(4)—(6)	1.12.2007	
r 11(3)	varied by 282/2007 r 9(7)	1.12.2007	
r 11(4)	varied by 282/2007 r 9(8)	1.12.2007	
r 11(6)	varied by 282/2007 r 9(9)—(12)	1.12.2007	
r 12	substituted by 282/2007 r 10	1.12.2007	
r 12(2)	substituted by 24/2011 r 5	7.4.2011	
	varied by 290/2016 r 4(1)	1.1.2017	
	varied by 294/2016 r 5	1.7.2017	
r 12(3)	inserted by 290/2016 r 4(2)	1.1.2017	
r 13	substituted by 282/2007 r 10	1.12.2007	
r 13A	inserted by 24/2011 r 6	7.4.2011	
	substituted by 290/2016 r 5	1.1.2017	
	substituted by 294/2016 r 6	1.7.2017	
rr 14 and 15	substituted by 282/2007 r 10	1.12.2007	
r 16	deleted by 282/2007 r 10	1.12.2007	
	inserted by 272/2008 r 5	16.10.2008	
r 16(1)			
eligible marine scalefish fishery licence	varied by 294/2016 r 7(1), (2)	1.7.2017	
unit entitlement	varied by 294/2016 r 7(1)	1.7.2017	
unit value	varied by 294/2016 r 7(1), (2)	1.7.2017	
vongole quota entitlement	cockle quota entitlement varied to read vongole quota entitlement by 294/2016 r 7(1), (2)	1.7.2017	
r 16(3)—(5)	varied by 294/2016 r 7(1), (2)	1.7.2017	
r 16(8)	varied by 294/2016 r 7(1)	1.7.2017	
r 16(9) and (10)	varied by 294/2016 r 7(1), (2)	1.7.2017	
r 16(11)	deleted by 294/2016 r 7(3)	1.7.2017	
r 16A	inserted by 259/2009 r 5	29.10.2009	
r 16A(1)			
quota period	substituted by 294/2016 r 8(1)	1.7.2017	
r 16A(3)	varied by 294/2016 r 8(2)	1.7.2017	
r 17			
r 17(1)			
blue crab quota	deleted by 282/2007 r 11(1)	1.12.2007	
blue crab quota entitlement	inserted by 282/2007 r 11(1)	1.12.2007	
licence period	deleted by 282/2007 r 11(1)	1.12.2007	
quota period	inserted by 282/2007 r 11(1)	1.12.2007	
unit value	varied by 282/2007 r 11(2), (3)	1.12.2007	
rr 17(2)—(5)	substituted by 282/2007 r 11(4)	1.12.2007	
r 17A	inserted by 310/2007 r 5	13.12.2007—disallowed 23.7.2008	
r 18 before substitution by 290/2016			
r 18(1)	varied by 282/2007 r 12(1)	1.12.2007	
r 18(2)			
pilchard quota	deleted by 282/2007 r 12(2)	1.12.2007	
prescribed period	deleted by 282/2007 r 12(2)	1.12.2007	
quota period	inserted by 282/2007 r 12(2)	1.12.2007	
sardine quota entitlement	inserted by 282/2007 r 12(2)	1.12.2007	
unit entitlement	varied by 310/2007 r 6(1)	13.12.2007—disallowed 23.7.2008	
	varied by 259/2009 r 6(1)	29.10.2009	
unit value	varied by 310/2007 r 6(2), (3)	13.12.2007—disallowed 23.7.2008	
	varied by 259/2009 r 6(2), (3)	29.10.2009	
rr 18(3)—(5)	substituted by 282/2007 r 12(3)	1.12.2007	
r 18	substituted by 290/2016 r 6	1.1.2017	
rr 18A and 18B	inserted by 310/2007 r 7	13.12.2007—disallowed 23.7.2008	
rr 18A	inserted by 259/2009 r 7	29.10.2009	
r 18A(3) and (4)	inserted by 290/2016 r 7	1.1.2017	
r 18A(5) and (6)	inserted by 294/2016 r 9	1.7.2017	
r 18B	inserted by 259/2009 r 7	29.10.2009	
	varied by 290/2016 r 8	1.1.2017	
r 18C	inserted by 259/2009 r 7	29.10.2009	
rr 18D and 18E	inserted by 243/2016 r 5	20.2.2017	
r 19			
r 19(1)	substituted by 282/2007 r 13(1)	1.12.2007	
r 19(2)	varied by 282/2007 r 13(2)	1.12.2007	
r 19A	inserted by 310/2007 r 8	13.12.2007—disallowed 23.7.2008	
r 19A	inserted by 259/2009 r 8	29.10.2009	
r 19A(1)	varied by 290/2016 r 9	1.1.2017	
r 19B	inserted by 294/2016 r 10	1.7.2017	
r 20			
r 20(1)	substituted by 282/2007 r 14(1)	1.12.2007	
r 20(2)	varied by 282/2007 r 14(2)	1.12.2007	
r 20(3)	substituted by 282/2007 r 14(3)	1.12.2007	
r 20A	inserted by 310/2007 r 9	13.12.2007—disallowed 23.7.2008	
r 21 before deletion by 290/2016			
r 21(1)	varied by 282/2007 r 15(1), (2)	1.12.2007	
r 21(2)	varied by 282/2007 r 15(1), (3)	1.12.2007	
	varied by 310/2007 r 10(1)	13.12.2007—disallowed 23.7.2008	
	varied by 259/2009 r 9(1)	29.10.2009	
rr 21(2a) and (2b)	inserted by 310/2007 r 10(2)	13.12.2007—disallowed 23.7.2008	
r 21(2a) and (2b)	inserted by 259/2009 r 9(2)	29.10.2009	
r 21(3)	varied by 282/2007 r 15(1), (4)	1.12.2007	
r 21	substituted by 290/2016 r 10	1.1.2017	
r 21A	inserted by 290/2016 r 10	1.1.2017	
r 21A			
r 21A(9)			
relevant fishing activity	substituted by 294/2016 r 11	1.7.2017	
relevant quota entitlement	substituted by 294/2016 r 11	1.7.2017	
r 22			
r 22(2)	varied by 282/2007 r 16(1)—(3)	1.12.2007	
r 22(3)	varied by 282/2007 r 16(4)	1.12.2007	
r 22A	inserted by 272/2008 r 6	16.10.2008	
	substituted by 294/2016 r 12	1.7.2017	
r 22B	inserted by 272/2008 r 6	16.10.2008	
	varied by 294/2016 r 13(1), (2)	1.7.2017	
r 22C	inserted by 259/2009 r 10	29.10.2009	
r 23	substituted by 282/2007 r 17	1.12.2007	
r 24	varied by 282/2007 r 18(1)—(3)	1.12.2007	
r 25			
r 25(1)	varied by 282/2007 r 19(1)—(3)	1.12.2007	
r 25(2)	varied by 282/2007 r 19(1), (4)	1.12.2007	
r 25(3)	varied by 282/2007 r 19(1), (2)	1.12.2007	
r 25(4)	varied by 282/2007 r 19(1), (2), (5)	1.12.2007	
r 25(5)	varied by 282/2007 r 19(2)	1.12.2007	
r 25A	inserted by 259/2009 r 11	29.10.2009	
r 26			
r 26(1)	substituted by 282/2007 r 20(1)	1.12.2007	
PF-CDR form	deleted by 29/2009 r 12(1)	29.10.2009	
r 26(2)	varied by 282/2007 r 20(2)—(4)	1.12.2007	
r 26(3)	varied by 282/2007 r 20(5)	1.12.2007	
r 26(4)	varied by 282/2007 r 20(6)—(8)	1.12.2007	
	varied by 310/2007 r 11	13.12.2007—disallowed 23.7.2008	
	varied by 259/2009 r 12(2)	29.10.2009	
r 26(5)	varied by 282/2007 r 20(9), (10)	1.12.2007	
rr 26A and 26B	inserted by 310/2007 r 12	13.12.2007—disallowed 23.7.2008	
r 27			
r 27(1)	varied by 282/2007 r 21(1)—(3)	1.12.2007	
r 27(2)	varied by 282/2007 r 21(4), (5)	1.12.2007	
r 27(4)	varied by 282/2007 r 21(6), (7)	1.12.2007	
Sch 1	substituted by 282/2007 r 22	1.12.2007	
	varied by 294/2016 r 14(1)—(4)	1.7.2017	
Sch 1A	inserted by 310/2007 r 13	13.12.2007—disallowed 23.7.2008	
Pt 2			
cl 5	substituted by 182/2008 r 4	26.6.2008—rendered inoperative by disallowance of 310/2007	
Sch 2	substituted by 175/2007 r 26	21.6.2007	
	varied by 124/2007 r 10(1), (2)	1.7.2007	
	substituted by 282/2007 r 22	1.12.2007	
cl 2	inserted by 259/2009 r 13	29.10.2009	
Sch 3	deleted by 282/2007 r 22	1.12.2007	
Transitional etc provisions associated with regulations or variations
Fisheries (Fees No 2) Variation Regulations 2007 (No 175 of 2007)
27—Transitional provision
	(1)	A fee prescribed by Schedule 2 of the principal regulations as substituted by this Part applies in relation to the licence period commencing on 1 July 2007.
	(2)	Despite regulation 26, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of these regulations continues to apply in relation to the licence period that commenced on 1 July 2006.
Historical versions
1.6.2007		
21.6.2007 (electronic only)		
1.7.2007		
1.12.2007		
13.12.2007		
26.6.2008		
24.7.2008		
16.10.2008		
29.10.2009		
7.4.2011		
1.1.2017		
20.2.2017