South Australia
Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 1991
under the Fisheries Act 1982

Contents
1	Short title
3	Revocation
4	Interpretation
5	Constitution of fisheries
6	No further licences to be granted
7	Expiry of licences
8	Renewal of licences
9	Refund on surrender of licence
10	Transfer of licences
10A	Transfer of licences between family members
10B	Transfer of licences under amalgamation scheme
10C	Certain licence conditions subject to variation only as part of licence amalgamation scheme
11	Registration of boats
12	Registration as master
13	Revocation of registration
14	Registered master may be assisted by only one agent
14A	Carriage of crab nets on boats
14B	Individual blue crab catch quota system
14C	Individual pilchard catch quota system
15	Use of agents in fishing activities on the shore
15A	Catch and disposal records—blue crab
16	Furnishing of returns
17	Copies of returns must be made
Schedule 1—Fish prescribed for the Marine Scalefish Fisheries
Schedule 2—Fees
Schedule 3—Information required in application for consent to licence transfer
Schedule 4—Transitional provisions
Legislative history
Appendix—Divisional penalties and expiation fees

1—Short title
These regulations may be cited as the Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 1991.
3—Revocation
The following regulations are revoked:
	(a)	the Scheme of Management (Marine Scale Fishery) Regulations 1984 (see Gazette 23.6.2004 p1647), as varied; and
	(b)	the Scheme of Management (Restricted Marine Scale Fishery) Regulations 1984 (see Gazette 14.6.1984 p1657), as varied.
4—Interpretation
	(1)	In these regulations unless the contrary intention appears—
the Act means the Fisheries Act 1982;
blue crab means blue crab (Portunus pelagicus);
Blue Crab Fishery has the same meaning as in the Scheme of Management (Blue Crab Fishery) Regulations 1998;
blue crab fishing zone has the same meaning as in the Scheme of Management (Blue Crab Fishery) Regulations 1998;
coastal waters means the waters of the ocean and all bays, gulfs, straits, passages, inlets and estuaries of the State that are subject to the tidal influence of the sea, but does not include the waters of the Coorong between the barrages and the Murray Mouth;
crab net has the same meaning as in the Fisheries (General) Regulations 2000;
Department means the Department of Primary Industries and Resources;
Gulf St. Vincent Blue Crab Fishing Zone has the same meaning as in the Scheme of Management (Blue Crab Fishery) Regulations 1998;
marine scalefish fishery means—
	(a)	the Marine Scalefish Fishery; or
	(b)	the Restricted Marine Scalefish Fishery,
constituted by these regulations;
pilchard means pilchard (Sardinops neopilchardus);
pilchard net has the same meaning as in the Fisheries (General) Regulations 2000;
the revoked regulations means the regulations revoked by regulation 3;
SARDI means the South Australian Research and Development Institute;
Spencer Gulf Blue Crab Fishing Zone has the same meaning as in the Scheme of Management (Blue Crab Fishery) Regulations 1998;
spouse includes a person who is a putative spouse notwithstanding that a declaration has not been made under the Family Relationships Act 1975 in relation to that person.
	(4)	In these regulations, a reference to the taking of fish includes a reference to an act preparatory to, or involved in the taking of the fish.
Note—
For definition of divisional penalties (and divisional expiation fees) see Appendix.
5—Constitution of fisheries
	(1)	The following fisheries are constituted:
	(a)	the Marine Scalefish Fishery; and
	(b)	the Restricted Marine Scalefish Fishery.
	(2)	The Marine Scalefish Fishery and the Restricted Marine Scalefish Fishery each consist of—
	(a)	the taking of fish specified in Schedule 1 in coastal waters; and
	(b)	the taking of razor fish (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 the purpose of trade or business, take blue crab in the waters of a blue crab fishing zone unless the licence is endorsed with a condition fixing a blue crab quota on the licence in relation to that zone.
Penalty: Division 6 fine.
6—No further licences to be granted
	(1)	The licences in respect of the Marine Scale Fishery in force under the revoked regulations immediately before the commencement of these regulations continue in force as licences in respect of the Marine Scalefish Fishery subject to the provisions of the Act and these regulations, and no other licence may be granted in respect of the fishery.
	(2)	The licences in respect of the Restricted Marine Scale Fishery in force under the revoked regulations immediately before the commencement of these regulations continue in force as licences in respect of the Restricted Marine Scalefish Fishery subject to the provisions of the Act and these regulations, and no other licence may be granted in respect of the fishery.
7—Expiry of licences
A licence in respect of a marine scalefish fishery expires on 30 June following the date of its last renewal.
8—Renewal of licences
	(1)	A licence in respect of a marine scalefish fishery may be renewed by the Director on application made before or within 12 months after the expiry of the licence.
	(2)	An application to renew a licence in respect of a marine scalefish fishery must—
	(a)	be made by the holder of the licence or, if the licence has expired, by the person who last held the licence; and
	(b)	be made in writing in a form approved by the Director and signed by the applicant.
	(3)	Where an application to renew a licence is made before the expiry of the licence, the renewal of the licence takes effect from the expiry of the licence.
	(4)	Where an application to renew a licence is made after the expiry of the licence, the renewal of the licence takes effect from the date on which the application is granted.
	(5)	The Director may not renew a licence unless the applicant has paid—
	(a)	—
	(i)	the renewal fee specified in Schedule 2 less $90; or
	(ii)	the first instalment of the renewal fee specified in Schedule 2, in accordance with subregulation (6); and
	(b)	the amount of any previous renewal fee remaining payable in respect of the licence, together with any additional amount payable for late payment of an instalment of the renewal fee.
	(6)	Where an application to renew a licence is made before or within three months after the expiry of the licence, the renewal fee may be paid by four equal instalments payable on or before the date of renewal of the licence and 1 October, 1 January and 1 April following the date of renewal.
	(7)	If an instalment of a renewal fee is not paid in full within 21 days after the due date for payment, an additional amount equal to 10 per cent of the amount of the instalment is payable.
	(8)	Where—
	(a)	an instalment of a renewal fee for a licence is not paid in full on or before the due date; or
	(b)	an additional amount is required to be paid for late payment of an instalment of a renewal fee,
the amount unpaid may be recovered from the holder of the licence or the person who last held the licence as a debt due to the Crown.
9—Refund on surrender of licence
Where a licence in respect of a marine scalefish fishery is surrendered otherwise than as part of a process under regulation 10B, the Director must, on application by the former licensee, refund an amount that bears to the renewal fee last paid in respect of the licence the same proportion as the number of complete months from the date of surrender to the following 1 July bears to 12.
10—Transfer of licences
	(a1)	In this regulation—
authorised family transfer means a transfer of a licence that is authorised under regulation 10A;
authorised amalgamation scheme transfer means a transfer of a licence that is authorised under regulation 10B.
	(1)	A licence in respect of the Restricted Marine Scalefish Fishery is non-transferable.
	(2)	A licence in respect of the Marine Scalefish Fishery may be transferred with the consent of the Director.
	(3)	An application for consent to the transfer of a licence must be a joint application made by the holder of the licence and the transferee.
	(4)	The application—
	(a)	must be made in writing in a form approved by the Director; and
	(b)	must contain the information specified in Schedule 3; and
	(c)	must contain a nomination by the holder of the licence of the person to whom the licence is to be transferred; and
	(d)	must be verified by the applicants by statutory declaration.
	(5)	The application must be lodged with the Director together with—
	(a)	the licence to be transferred; and
	(b)	a form of return as required by these regulations completed by the holder of the licence up to the date of application; and
	(c)	the application fee specified in Schedule 2.
	(6)	Before consenting to the transfer of a licence, the Director must be satisfied—
	(a)	that the transfer is—
	(i)	an authorised family transfer; or
	(ii)	an authorised amalgamation scheme transfer; and
	(b)	as to the following matters:
	(i)	that the licence to be transferred has not been suspended; and
	(ii)	that no proceedings alleging an offence under the Act are pending or likely to be commenced in the State against the holder of the licence; and
	(iii)	that the transfer is to one person only; and
	(iv)	that the transferee is a natural person who—
	(A)	is at least 15 years of age; and
	(B)	has not, within the period of three years preceding the date of the application, been convicted in the State or elsewhere in Australia of an offence involving a breach of any legislation relating to fishing; and
	(v)	that no proceedings alleging an offence involving a breach of any legislation relating to fishing are pending or likely to be commenced in the State or elsewhere in Australia against the transferee; and
	(vii)	if any boat registered by endorsement of the licence is the subject of, is registered by endorsement of, or is otherwise referred to in, a licence, permit, authority or other entitlement to take fish granted under the Commonwealth Act or the laws of another State or Territory—
	(A)	that the entitlement is either to be transferred together with the fishery licence to the transferee or to be surrendered on or before the transfer of the fishery licence; or
	(B)	that—
	•	the transfer of the fishery licence separately from the entitlement is not likely to result in fishing activities that endanger or overexploit fishery resources; and
	•	the person or body that granted the entitlement concurs with the separate transfer of the licence.
10A—Transfer of licences between family members
Subject to regulation 10, a licence in respect of the Marine Scalefish Fishery may be transferred if the transferee is—
	(a)	the spouse 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 of the licensee.
10B—Transfer of licences under amalgamation scheme
	(1)	In this regulation—
aggregate fishing points value, in relation to two licences, means the sum of the fishing points values endorsed on the licences under this regulation;
aggregate gear entitlement, in relation to two licences, means the aggregate of the numbers and kinds of devices the use of which is authorised by the gear endorsements of the licences (subject to any applicable limitations on the use of devices imposed by the Fisheries (General) Regulations 2000);
gear endorsement of a licence means the conditions endorsed on the licence under the Act specifying the numbers and kinds of devices that may be used for the purpose of taking fish pursuant to the licence;
licence means a licence in respect of the Marine Scalefish Fishery;
line licence means a licence other than a net licence;
net does not include a bait net;
net licence means a licence with a gear endorsement authorising the use of one or more nets (whether or not the endorsement authorises the use of other devices).
	(2)	For the purposes of this regulation, the Director must adopt and implement a system for ranking net licences and a system for ranking line licences 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 fish species taken pursuant to the licence during a specified period (as recorded on returns lodged in respect of the licence under regulation 16 or the corresponding regulation previously in force); and
	(ii)	values (reflecting market values) applied in relation to those recorded quantities of each fish 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 three highest ranges of allotted points.
	(3)	The Director must then endorse on each licence 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 fishing points value endorsed on a licence under subregulation (3) 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.
	(5)	Subject to regulation 10, a licence may then be transferred as authorised under the following provisions:
	(a)	a net licence may be transferred to the holder of another net licence;
	(b)	a line licence may be transferred to the holder of another line licence;
	(c)	in either case, the transferee must, when the transfer has effect, surrender to the Director one of the two licences then held by the transferee;
	(d)	if one or both of the licences held by the transferee has recorded on it under section 56 of the Act a conviction for an offence committed within the preceding period of three years, the licence surrendered must be—
	(i)	the licence without such a conviction, or as the case may require, the licence with the lesser number of such convictions, recorded on it; or
	(ii)	if the same number of such convictions is recorded on each licence—the licence other than the licence with a conviction recorded on it for the most recently committed offence;
	(e)	where a licence is to be surrendered but—
	(i)	the last renewal fee for the licence has not been paid in full; or
	(ii)	an additional amount is required to be paid for late payment of an instalment of the renewal fee,
the balance of the renewal fee and any such additional amount must be paid before or when the licence is surrendered;
	(f)	on the surrender of the licence and payment of any amount required to be paid under paragraph (e) in respect of the licence, the Director 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; 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;
	(g)	when, as a result of the process referred to in paragraphs (a) to (f), the fishing points value endorsed on a licence under this regulation equals or exceeds 26, the licence may be transferred without complying with those paragraphs;
	(h)	paragraph (g) does not prevent the holder of a licence with a fishing points value that equals or exceeds 26 from transferring the licence under the process referred to in paragraphs (a) to (f).
10C—Certain licence conditions subject to variation only as part of licence amalgamation scheme
The conditions endorsed on a licence in respect of the Marine Scalefish Fishery governing the use of devices (other than crab nets) for the purpose of taking fish pursuant to the licence may be varied only—
	(a)	with the consent of the licensee so as to further restrict the devices (other than crab nets) that may be used; or
	(b)	as required under regulation 10B; or
	(c)	in order to correct an error.
11—Registration of boats
	(1)	An application to register a boat to be used in a marine scalefish fishery must be made in writing in a form approved by the Director and be accompanied by the applicant's licence in respect of the fishery.
	(2)	Before granting registration of the boat the Director must be satisfied that the applicant is the holder of a licence in respect of the fishery.
12—Registration as master
	(1)	An application for registration of a person as the master of a boat used pursuant to a licence in respect of a marine scalefish fishery must be made in writing in a form approved by the Director and be accompanied by the applicant's licence in respect of the fishery.
	(2)	A person other than the holder of the licence cannot be registered as the master of a boat used pursuant to the licence unless the holder of the licence is already registered as the master of a boat used pursuant to a licence in respect of a marine scalefish fishery.
13—Revocation of registration
	(1)	The Director may, on application by the holder of a licence in respect of a marine scalefish fishery, revoke any registration effected by endorsement of the licence.
	(2)	An application for revocation of any registration must be made in writing in a form approved by the Director and be accompanied by the licence on which the registration is endorsed.
14—Registered master may be assisted by only one agent
The registered master of a boat registered by endorsement of a licence in respect of the Restricted Marine Scalefish Fishery must not, when using the boat for the purpose of engaging in a fishing activity of a class that constitutes the fishery, cause or permit more than one other person to assist him or her in that activity.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
14A—Carriage of crab nets on boats
The Director 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 pursuant to the licences.
14B—Individual blue crab catch quota system
	(1)	In this regulation—
blue crab quota, 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 be lawfully taken by the holder of the licence in that zone during a licence period, being the product of—
	(a)	the unit entitlement of that licence in respect of that zone; and
	(b)	the unit value for that zone and that licence period,
subject to any variation of the blue crab quota of the licence applying during that licence period;
licence period means—
	(a)	the period commencing on 17 September 2001 and ending on 30 June 2002; or
	(b)	the period of 12 months commencing on 1 July 2002 or on 1 July in any subsequent year;
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 Director to be the value of a blue crab unit for a blue crab fishing zone and a licence period.
	(2)	The Director may impose or vary conditions on licences in respect of a marine scalefish fishery fixing or varying blue crab quotas (and may vary conditions on licences in respect of the Blue Crab Fishery varying blue crab quotas) as follows:
	(a)	on renewal of a licence in respect of a marine scalefish fishery referred to in the left column of the table in Schedule 4 for a term expiring on 30 June 2002, the licence must be allocated the number of blue crab units specified opposite in the middle column in respect of the blue crab fishing zone specified opposite in the right column;
	(b)	during the licence period ending on 30 June 2002, the conditions of each licence in respect of a marine scalefish fishery referred to in Schedule 4 must be varied so as to reduce the blue crab quota of the licence for that licence period by one kilogram for each kilogram of blue crab taken pursuant to the licence during the period commencing on 1 July 2001 and ending on 16 September 2001 (as recorded on completed CDR books delivered to the Director under regulation 15A);
	(c)	on the commencement of each licence period, the Director must 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 licence period;
	(d)	on application made to the Director by the holders of any two licences in respect of a marine scalefish fishery endorsed with conditions fixing blue crab quotas on the licences in relation to the same blue crab fishing zone, the conditions of the licences may be varied so as to increase the unit entitlement of one of the licences in respect of that zone and decrease the unit entitlement of the other licence in respect of that zone by a corresponding number of units;
	(e)	on application made to the Director by the holder of a licence in respect of a marine scalefish fishery endorsed with a condition fixing a blue crab quota on the licence 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 endorsed with a condition fixing a blue crab quota on the licence (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 of 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 on that licence in respect of that zone may be imposed;
	(f)	on application made to the Director by the holder of a licence in respect of a marine scalefish fishery endorsed with a condition fixing a blue crab quota on the licence 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 endorsed with a condition fixing a blue crab quota on the licence 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;
	(g)	on application made to the Director by the holder of a licence in respect of the Blue Crab Fishery endorsed with 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 endorsed with a condition fixing a blue crab quota on the licence (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 of 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 on that licence in respect of that zone may be imposed;
	(h)	the Director may, if the total blue crab catch taken pursuant to a licence in respect of a marine scalefish fishery during a licence period exceeded the blue crab quota of the licence for that licence period, vary the conditions of the licence so as to decrease the quota—
	(i)	if the catch exceeded the quota by not more than 20 kilograms of blue crab—by one kilogram for each kilogram in excess of the quota; or
	(ii)	if the catch exceeded the quota by more than 20 kilograms but not more than 50 kilograms of blue crab—by two kilograms for each kilogram in excess of the quota;
	(i)	any variation of a blue crab quota made under paragraph (h) must be expressed to apply only for the licence period during which the variation is made;
	(j)	unit entitlements and blue crab quotas must not be varied except as provided by this regulation or the Scheme of Management (Blue Crab Fishery) Regulations 1998.
	(3)	If—
	(a)	a court convicts the holder of a licence in respect of a marine scalefish fishery of an offence of contravening a condition of the licence imposing a blue crab quota on the licence; and
	(b)	the conduct constituting the offence involved the taking of more than 50 kilograms of blue crab in excess of the quota,
the court must make an order requiring the Director to vary the conditions of the licence so as to reduce the blue crab quota of the licence for three licence periods following the conviction by one kilogram for each kilogram in excess of the quota for the licence period during which the offence was committed.
	(4)	An application under subregulation (2)(d), (e), (f) or (g) must be made in a manner and form approved by the Director.
	(5)	The holder of a licence in respect of a marine scalefish fishery endorsed with a condition fixing a blue crab quota on the licence must not, while the unit entitlement of the licence is less than—
	(a)	in the case of a licence referred to in Schedule 4—19 blue crab units; or
	(b)	in any other case—80 blue crab units,
take blue crab pursuant to the licence except in the waters of the State west of longitude 135°E.
Penalty: Division 6 fine.
14C—Individual pilchard catch quota system
	(1)	This regulation applies only in relation to licences in respect of the Marine Scalefish Fishery endorsed with a condition permitting the holder of the licence to take pilchards by use of a pilchard net.
	(2)	In this regulation—
pilchard quota, in relation to a licence in respect of the Marine Scalefish Fishery, means the maximum number of kilograms of pilchard that may be lawfully taken by the holder of the licence during a prescribed period, being the product of—
	(a)	the unit entitlement of that licence; and
	(b)	the unit value for that prescribed period,
subject to any variation of the pilchard quota of the licence applying during that prescribed period;
prescribed period means—
	(a)	the period commencing on 10 April 2003 and ending on 31 December 2003; or
	(b)	the period of 12 months commencing on 1 January 2004 or on 1 January in any subsequent year;
unit entitlement means the number of pilchard units for the time being allocated to a licence;
unit value means the number of kilograms of pilchard determined by the Director to be the value of a pilchard unit for a prescribed period.
	(3)	The Director may impose or vary conditions on licences in respect of the Marine Scalefish Fishery fixing pilchard quotas as follows:
	(a)	all licences in respect of the fishery must be allocated the same number of pilchard units;
	(b)	the Director must, on the commencement of each prescribed period, determine the number of kilograms of pilchard that is to be the value of a pilchard unit for the prescribed period;
	(ba)	the Director may, not more than twice during a prescribed period, vary the conditions of all licences in respect of the fishery so as to increase the pilchard quotas of the licences by the same number of pilchard units;
	(c)	the conditions of any two licences in respect of the fishery may, on application made to the Director by the holders of those licences in a manner and form approved by the Director, be varied so as to increase (by whole units or part units) the unit entitlement of one of the licences and decrease the unit entitlement of the other licence by a corresponding number of units;
	(d)	the Director may, if the total pilchard catch taken pursuant to a licence during a prescribed period exceeded the pilchard quota of the licence for that prescribed period, vary the conditions of the licence so as to decrease the quota—
	(i)	where the catch exceeded the quota by not more than 2 000 kilograms of pilchard—by one kilogram for each kilogram in excess of the quota; or
	(ii)	where the catch exceeded the quota by more than 2 000 kilograms but not more than 4 000 kilograms of pilchard—by two kilograms for each kilogram in excess of the quota;
	(e)	any variation of—
	(i)	a pilchard quota made pursuant to paragraph (ba) or (d); or
	(ii)	a unit entitlement made pursuant to paragraph (c),
must be expressed to apply only for the remainder of the prescribed period during which the variation is made;
	(f)	unit entitlements and pilchard quotas must not be varied except as provided by this regulation.
	(4)	If—
	(a)	a court convicts the holder of a licence in respect of the Marine Scalefish Fishery of an offence of contravening a condition of the licence imposing a pilchard quota on the licence; and
	(b)	the conduct constituting the offence involved the taking of more than 4 000 kilograms of pilchard in excess of the quota,
the court must make an order requiring the Director to vary the conditions of the licence so as to reduce the pilchard quota of the licence for three prescribed periods following the conviction by one kilogram for each kilogram in excess of the quota for the prescribed period during which the offence was committed.
15—Use of agents in fishing activities on the shore
	(1)	The holder of a licence in respect of a marine scalefish fishery or the registered master of a boat registered by endorsement of 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.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
	(2)	The holder of a licence in respect of the Marine Scalefish Fishery or the registered master of a boat registered by endorsement of 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.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
	(3)	The holder of a licence in respect of the Restricted Marine Scalefish Fishery or the registered master of a boat registered by endorsement of 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.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
15A—Catch and disposal records—blue crab
	(1)	In this regulation—
CDR book means a book issued by the Department containing blank forms BSCF1;
form BSCF1 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 that is endorsed with a condition fixing a blue crab quota on the licence or the registered master of a boat from which blue crab is taken pursuant to such a licence must comply with the following provisions:
	(a)	immediately on landing blue crab taken pursuant to the licence he or she must weigh the crabs on accurate scales and complete Part A of form BSCF1 using a blue or black ballpoint pen; and
	(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; and
	(c)	he or she must complete forms BSCF1 in consecutive ascending order and complete all forms in a CDR book before commencing to use a new CDR book; and
	(d)	he or she must ensure that the yellow copies of forms BSCF1 and the CDR book are kept on board the registered boat until the CDR book is completed; and
	(e)	he or she must deliver a completed CDR book to the Director of Fisheries 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.
Penalty: Division 6 fine.
16—Furnishing of returns
	(1)	The holder of a licence in respect of a marine scalefish fishery must—
	(a)	fill out 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 Chief Executive Officer of SARDI, with the approval of 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 office of the Chief Executive Officer of SARDI within 15 days of the end of the month to which it relates.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
	(2)	Where the holder of a licence in respect of a marine scalefish fishery takes no fish pursuant to 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 fish were taken.
17—Copies of returns must be made
The holder of a licence in respect of a marine scalefish fishery must—
	(a)	make a copy of each return that he or she fills out pursuant to these regulations before the return is sent or delivered to the Chief Executive Officer of SARDI; and
	(b)	retain the copy for the period of one year from the last day of the month to which the return relates.
Penalty: Division 6 fine.

Schedule 1—Fish prescribed for the Marine Scalefish Fisheries
The following fish are specified for the marine scalefish fisheries:

Scalefish			
Anchovy (Engraulis australis)
Barracouta (Thyrsites atun)
Bluethroated wrasse (Notolabrus tetricus)
Bream (Acanthopagrus butcheri)
Cod (marine species) (Family Moridae)
Dory (Family Zeidae)
Flathead (Family Platycephalidae)
Flounder (Family Pleuronectidae) (Family Bothidae)
Garfish (Hyporhamphus melanochir)
Horse Mackerel (Trachurus declivis)
Leather jacket (Family Aluteridae)
Ling (Genypterus blacodes)
Mackerel (Scomber australasicus)
Morwong (Family Cheilodactylidae)
Mullet (Family Mugilidae)
Mulloway (Argyrosomus hololepidotus)
Nannygai, Red snapper, Swallowtail (Family Berycidae)
Pilchard (Sardinops neopilchardus)
Red mullet (Upeneichthys porosus)
Salmon (Arripis truttaceus)
Snapper (Chrysophrys auratus)
Snook (Sphyraena novaehollandiae)
Sole (Aserragodes haackeanus)
Sweep (Scorpis aequipinnis)
Tommy ruff (Arripis georgianus)
Trevalla (Hyperoglyphe antarctica)
Trevally (Usacaranx georgianus)
Whiting (Family Sillaginidae)
Yellowtail kingfish (Seriola grandis)			
Crustaceans			
Crab, blue (Portunus pelagicus)
Crab, sand (Ovalipes australiensis)
Crab, rock (Nectocarcinus integrifrons)
Crab, velvet (Nectocarcinus tuberculosus)			
Molluscs			
Cockle (Suborder: Teledonta)
Cuttlefish (Sepia spp.)
Mussels (Mytilus spp.)
Octopus (Octopus spp.)
Oyster (Family Ostridae)
Scallop (Family Pectinidae)
Squid
calamary (Sepioteuthis australis)
arrow (Nototodarus gouldi)			
Annelids			
Beachworm
Bloodworm
Tubeworm	}	(Class Polychaeta)	
Shark			
All species other than white pointer shark (Carcharodon carcharias)
Skate
Rays	}	(Class Elasmobranchii)	

Schedule 2—Fees

1	The following fees are payable under the Act and these regulations:		
		(a)	on application for the renewal of a licence in respect of a marine scalefish fishery	$2 811	
	On application for the renewal of a licence endorsed with a condition fixing a blue crab quota on the licence, an additional fee of an amount obtained by multiplying $70.94 by the number of blue crab units allocated to the licence is payable.		
		(b)	on application for the transfer of a licence in respect of the Marine Scalefish Fishery	$300	
		(c)	on application under regulation 14B by the holder of a licence in respect of a marine scalefish fishery to vary the conditions of the licence so as to decrease the unit entitlement of the licence in respect of blue crab and increase the unit entitlement under one or more licences in respect of a marine scalefish fishery or the Blue Crab Fishery or so as to result in conditions fixing blue crab quotas being imposed on one or more licences in respect of a marine scalefish fishery—$100 plus a fee of an amount obtained by multiplying $20 by the number of licences the unit entitlements of which are to be increased or on which blue crab quotas are to be imposed (as the case may require);		
		(d)	on application under regulation 14C by the holder of a licence in respect of the Marine Scalefish Fishery to vary a condition of the licence so as to decrease the unit entitlement of the licence in respect of pilchards and increase the unit entitlement under one or more other licences—$100 plus a fee of an amount obtained by multiplying $20 by the number of licences the unit entitlements of which are to be increased.		

Schedule 3—Information required in application for consent to licence transfer
The following information is to be contained in an application for consent to transfer a licence:
	1	Full name of the holder of the licence.
	2	The licence number.
	3	Full name, date of birth, address (residential and postal) and telephone number of the transferee.
	4	The price to be paid for the transfer of—
	(a)	the licence; and
	(b)	any boat, equipment, registration or other matter or thing being transferred as part of the transaction.
	5	Details of any boat to be used by the transferee to take fish including—
	(a)	its length (where surveyed—surveyed length);
	(b)	the number of its current survey certificate;
	(c)	the year of its construction;
	(d)	the material of which its hull is made;
	(e)	its main colour;
	(f)	its name;
	(g)	its registration number.
	6	Details of the number of persons who are to assist the transferee to take fish from the boat or otherwise.
	7	Details of any device to be used to take fish.
	9	Statements by the transferee as to—
	(a)	whether or not the transferee has, during the three years immediately preceding the date of the application, been convicted by a court of a State or Territory of the Commonwealth of an offence involving a breach of legislation relating to fishing; and
	(b)	whether or not the transferee has, at the date of the application, any proceedings alleging an offence involving a breach of legislation relating to fishing pending or likely to be commenced against the transferee in a court of a State or Territory of the Commonwealth.
	10	Details in respect of any of the statements made by the transferee in respect of the matters referred to in clause 9.

Schedule 4—Transitional provisions

Blue crab units to be allocated to licences on renewal for term ending on 30 June 2002
Licence number	Number of blue crab units to be allocated	Blue crab fishing zone to which units relate	
B059	30	Gulf St. Vincent Blue Crab Fishing Zone	
M012	193	Gulf St. Vincent Blue Crab Fishing Zone	
M026	84	Gulf St. Vincent Blue Crab Fishing Zone	
M057	342	Spencer Gulf Blue Crab Fishing Zone	
M073	146	Gulf St. Vincent Blue Crab Fishing Zone	
M084	27	Gulf St. Vincent Blue Crab Fishing Zone	
M155	27	Gulf St. Vincent Blue Crab Fishing Zone	
M182	185	Gulf St. Vincent Blue Crab Fishing Zone	
M189	92	Spencer Gulf Blue Crab Fishing Zone	
M216	56	Gulf St. Vincent Blue Crab Fishing Zone	
M254	36	Gulf St. Vincent Blue Crab Fishing Zone	
M262	95	Gulf St. Vincent Blue Crab Fishing Zone	
M281	26	Gulf St. Vincent Blue Crab Fishing Zone	
M311	21	Gulf St. Vincent Blue Crab Fishing Zone	
M323	164	Gulf St. Vincent Blue Crab Fishing Zone	
M335	254	Gulf St. Vincent Blue Crab Fishing Zone	
M351	21	Gulf St. Vincent Blue Crab Fishing Zone	
M355	27	Gulf St. Vincent Blue Crab Fishing Zone	
M417	91	Spencer Gulf Blue Crab Fishing Zone	
M432	28	Gulf St. Vincent Blue Crab Fishing Zone	
M461	80	Spencer Gulf Blue Crab Fishing Zone	
M492	19	Gulf St. Vincent Blue Crab Fishing Zone	
1—Payment of renewal fee by instalments
Despite regulation 8(6), where an application to renew a licence in respect of a marine scalefish fishery referred to in the table for a term ending on 30 June 2002 is made before or within three months after the expiry of the licence, the renewal fee specified in Schedule 2 may be paid in one instalment of 50 per cent payable on or before the date of renewal and two instalments of 25 per cent payable on 1 January and 1 April 2002.

Legislative history
Notes
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Formerly
Scheme of Management (Marine Scalefish Fisheries) Regulations 1991
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
1991	111	Gazette 27.6.1991 p2187	27.6.1991: r 2	
1991	181	Gazette 22.8.1991 p635	22.8.1991: r 2	
1992	2	Gazette 16.1.1992 p168	16.1.1992: r 2	
1992	107	Gazette 25.6.1992 p1932	25.6.1992: r 2	
1992	217	Gazette 17.12.1992 p2219	1.1.1993: r 2	
1993	108	Gazette 17.6.1993 p1997	17.6.1993: r 2	
1993	124	Gazette 24.6.1993 p2068	24.6.1993: r 2	
1994	5	Gazette 10.2.1994 p265	10.2.1994: r 2	
1994	97	Gazette 23.6.1994 p1812	23.6.1994: r 2	
1994	152	Gazette 1.9.1994 p677	1.9.1994: r 2	
1995	147	Gazette 29.6.1995 p3161	29.6.1995: r 2	
1996	152	Gazette 20.6.1996 p3009	20.6.1996: r 2	
1996	160	Gazette 27.6.1996 p3162	27.6.1996: r 2	
1997	131	Gazette 13.5.1997 p1959	13.5.1997: r 2	
1998	132	Gazette 11.6.1998 p2534	11.6.1998: r 2	
1999	141	Gazette 1.7.1999 p51	1.7.1999: r 2	
2000	135	Gazette 22.6.2000 p3356	22.6.2000: r 2	
2001	142	Gazette 28.6.2001 p2449	28.6.2001: r 2	
2001	218	Gazette 13.9.2001 p4174	13.9.2001 except rr 1—9— 17.9.2001: r 2	
2002	47	Gazette 14.6.2002 p2153	Pt 5 (rr 16—19)—14.6.2002: r 2	
2002	137	Gazette 27.6.2002 p2751	27.6.2002: r 2	
2003	35	Gazette 10.4.2003 p1673	10.4.2003: r 2	
2003	141	Gazette 5.6.2003 p2407	Pt 7 (rr 17—19)— 5.6.2003: r 2	
2004	9	Gazette 19.2.2004 p535	Pt 6 (rr 24—31)—19.2.2004: r 2 	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
r 1	substituted by 141/2003 r 17	5.6.2003	
r 2	omitted under the Legislation Revision and Publication Act 2002	19.2.2004	
r 4			
r 4(1)			
blue crab	inserted by 132/1998 r 3(a)	11.6.1998	
Blue Crab Fishery	inserted by 132/1998 r 3(a)	11.6.1998	
blue crab fishing zone	inserted by 132/1998 r 3(a)	11.6.1998	
blue crab net entitlement	inserted by 132/1998 r 3(a)	11.6.1998	
	deleted by 218/2001 r 3	17.9.2001	
blue crab pot entitlement	inserted by 132/1998 r 3(a)	11.6.1998	
	deleted by 218/2001 r 3	17.9.2001	
crab net	inserted by 132/1998 r 3(b)	11.6.1998	
	 varied by 142/2001 r 3	28.6.2001	
crab pot	inserted by 132/1998 r 3(b)	11.6.1998	
	varied by 142/2001 r 3	28.6.2001	
	deleted by 218/2001 r 3	17.9.2001	
Department	inserted by 132/1998 r 3(b)	11.6.1998	
director	substituted by 47/2002 r 17(a)	14.6.2002	
	deleted by 9/2004 r 24(1)	19.2.2004	
Gulf St. Vincent Blue Crab Fishing Zone	inserted by 132/1998 r 3(b)	11.6.1998	
licence period	inserted by 141/1999 r 3	1.7.1999	
	deleted by 218/2001 r 3	17.9.2001	
marine scalefish fishery	substituted by 124/1993 r 3(a)	24.6.1993	
pilchard	inserted by 135/2000 r 3	22.6.2000	
pilchard net	inserted by 135/2000 r 3	22.6.2000	
	varied by 142/2001 r 3	28.6.2001	
SARDI	inserted by 124/1993 r 3(b)	24.6.1993	
Spencer Gulf Blue Crab Fishing Zone	inserted by 132/1998 r 3(c)	11.6.1998	
spouse	inserted by 2/1992 r 2	16.1.1992	
r 4(2)	varied by 47/2002 r 17(b)	14.6.2002	
	deleted by 9/2004 r 24(2)	19.2.2004	
r 4(3)	varied by 47/2002 r 17(d)	14.6.2002	
	(a) deleted by 47/2002 r 17(c)	14.6.2002	
	deleted by 9/2004 r 24(2)	19.2.2004	
r 5			
r 5(2)	substituted by 160/1996 r 3	27.6.1996	
r 5(3)	inserted by 132/1998 r 4	11.6.1998	
	substituted by 218/2001 r 4	17.9.2001	
r 8			
r 8(2)	substituted by 181/1991 r 2(a)	22.8.1991	
r 8(5)	inserted by 181/1991 r 2(b)	22.8.1991	
	varied by 141/1999 r 4	1.7.1999	
r 8(6)	inserted by 181/1991 r 2(b)	22.8.1991	
r 8(7)	inserted by 181/1991 r 2(b)	22.8.1991	
	substituted by 142/2001 r 4	28.6.2001	
r 8(8)	inserted by 181/1991 r 2(b)	22.8.1991	
r 9	varied by 152/1994 r 3	1.9.1994	
r 10			
r 10(a1)	inserted by 152/1994 r 4(a)	1.9.1994	
r 10(2a)	inserted by 2/1992 r 3	16.1.1992	
	varied by 107/1992 r 3	25.6.1992	
	varied by 217/1992 r 3	1.1.1993	
	 varied by 108/1993 r 3	17.6.1993	
	varied by 5/1994 r 3	10.2.1994	
	deleted by 152/1994 r 4(b)	1.9.1994	
r 10(6)	substituted by 152/1994 r 4(c)	1.9.1994	
	(b)(vi) deleted by 9/2004 r 25	19.2.2004	
r 10A	inserted by 152/1994 r 5	1.9.1994	
r 10B	inserted by 152/1994 r 5	1.9.1994	
r 10B(1)			
aggregate gear entitlement	varied by 142/2001 r 5	28.6.2001	
r 10B(5)	varied by 160/1996 r 4	27.6.1996	
	varied by 9/2004 r 26	19.2.2004	
r 10C	inserted by 152/1994 r 5	1.9.1994	
	varied by 218/2001 r 5	17.9.2001	
r 12	substituted by 9/2004 r 27	19.2.2004	
r 14	varied by 9/2004 r 28	19.2.2004	
r 14A	inserted by 132/1998 r 5	11.6.1998	
	varied by 141/1999 r 5	1.7.1999	
	substituted by 218/2001 r 6	17.9.2001	
r 14B	inserted by 132/1998 r 5	11.6.1998	
	varied by 141/1999 r 6	1.7.1999	
	substituted by 218/2001 r 6	17.9.2001	
r 14C	inserted by 135/2000 r 4	22.6.2000	
r 14C(2)			
licence period	inserted by 218/2001 r 7	17.9.2001	
	deleted by 35/2003 r 4(1)	10.4.2003	
pilchard quota	varied by 35/2003 r 4(2)	10.4.2003	
prescribed period	inserted by 35/2003 r 4(3)	10.4.2003	
unit value	varied by 35/2003 r 4(4)	10.4.2003	
r 14C(3)	varied by 35/2003 r 4(5)—(7)	10.4.2003	
r 14C(4)	varied by 35/2003 r 4(8), (9)	10.4.2003	
r 15	substituted by 9/2004 r 29	19.2.2004	
r 15A	inserted by 132/1998 r 6	11.6.1998	
r 15A(2)	varied by 142/2001 r 6	28.6.2001	
	varied by 218/2001 r 8	17.9.2001	
r 16			
r 16(1)	varied by 107/1992 r 4	25.6.1992	
	varied by 124/1993 r 4	24.6.1993	
	varied by 9/2004 r 30	19.2.2004	
r 17	varied by 124/1993 r 5	24.6.1993	
Sch 1	varied by 152/1994 r 6	1.9.1994	
	varied by 160/1996 r 5	27.6.1996	
Sch 2	substituted by 107/1992 r 5	25.6.1992	
	substituted by 124/1993 r 6	24.6.1993	
	substituted by 97/1994 r 3	23.6.1994	
	 varied by 147/1995 r 3	29.6.1995	
	 varied by 152/1996 r 3	20.6.1996	
	 varied by 131/1997 r 3	13.5.1997	
	 varied by 132/1998 r 7	11.6.1998	
	 varied by 141/1999 r 7	1.7.1999	
	 varied by 135/2000 r 5	22.6.2000	
	 varied by 142/2001 r 7	28.6.2001	
	 varied by 218/2001 r 9	17.9.2001	
	 varied by 47/2002 r 18	14.6.2002	
	 varied by 137/2002 r 3	27.6.2002	
	 varied by 141/2003 r 18	5.6.2003	
Sch 3			
cl 9	substituted by 9/2004 r 31	19.2.2004	
Sch 4	deleted by 107/1992 r 6	25.6.1992	
	 inserted by 218/2001 r 10	13.9.2001	
Transitional etc provisions associated with regulations or variations
No 131 of 1997
4—Transitional provision
	(1)	A licence renewal fee prescribed by Schedule 2 of the principal regulations as varied by these regulations applies in relation to a licence period commencing after the commencement of these regulations.
	(2)	Despite regulation 3, a licence renewal 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 a licence period that commenced before the commencement of these regulations.
	(3)	In this regulation—
licence period means the period of 12 months commencing on 1 July in any year.
No 132 of 1998
8—Transitional provision
	(1)	A licence renewal fee prescribed by Schedule 2 of the principal regulations as varied by these regulations applies in relation to a licence period commencing after the commencement of these regulations.
	(2)	Despite regulation 7, a licence renewal 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 a licence period that commenced before the commencement of these regulations.
	(3)	In this regulation—
licence period has the same meaning as in the principal regulations.
No 141 of 1999
8—Transitional provision
	(1)	A licence renewal fee prescribed by Schedule 2 of the principal regulations as varied by these regulations applies in relation to a licence period commencing after the commencement of these regulations.
	(2)	Despite regulation 7, a licence renewal 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 a licence period that commenced before the commencement of these regulations.
	(3)	In this regulation—
licence period has the same meaning as in the principal regulations.
No 135 of 2000
6—Transitional provision
	(1)	A fee prescribed by Schedule 2 of the principal regulations as varied by these regulations applies in relation to a licence period commencing after the commencement of these regulations.
	(2)	Despite regulation 5, 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 a licence period that commenced before the commencement of these regulations.
	(3)	In this regulation—
licence period has the same meaning as in the principal regulations.
 No 142 of 2001
8—Transitional provision
	(1)	A fee prescribed by Schedule 2 of the principal regulations as varied by these regulations applies in relation to a licence period commencing after the commencement of these regulations.
	(2)	Despite regulation 7, 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 a licence period that commenced before the commencement of these regulations.
	(3)	In this regulation—
licence period has the same meaning as in the principal regulations.
Fisheries (Variation of Schemes of Management) Regulations 2002 (No 47 of 2002)
19—Transitional provision
	(1)	A fee prescribed by Schedule 2 of the principal regulations as varied by this Part applies in relation to a licence period commencing after the commencement of this Part.
	(2)	Despite regulation 18, a fee prescribed by Schedule 2 of the principal regulations as in force immediately before the commencement of this Part continues to apply in relation to a licence period that commenced before the commencement of this Part.
	(3)	In this regulation—
licence period has the same meaning as in the principal regulations.
Fisheries (Fees) Variation Regulations 2003 (No 141 of 2003)
19—Transitional provision
	(1)	A fee prescribed by Schedule 2 of the principal regulations as varied by this Part applies in relation to the licence period commencing after the commencement of these regulations.
	(2)	Despite regulation 18, 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 commencing before the commencement of these regulations.

Appendix—Divisional penalties and expiation fees
At the date of publication of this reprint divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:

Division	Maximum imprisonment	Maximum fine	Expiation fee	
1	15 years	$60 000	—	
2	10 years	$40 000	—	
3	7 years	$30 000	—	
4	4 years	$15 000	—	
5	2 years	$8 000	—	
6	1 year	$4 000	$300	
7	6 months	$2 000	$200	
8	3 months	$1 000	$150	
9	–	$500	$100	
10	–	$200	$75	
11	–	$100	$50	
12	–	$50	$25	
Note: This appendix is provided for convenience of reference only.