Fisheries Management (Blue Crab Fishery) Regulations 2013 (SA)

South Australia Fisheries Management (Blue Crab Fishery) Regulations 2013 under the Fisheries Management Act 2007

Contents 1 Short title 3 Interpretation 4 Constitution of fishery 5 Issue of licences 6 Transfer of licence 7 Registration 8 Revocation of registration 9 Blue crab pot entitlements and carriage of crab pots on boats 10 Individual blue crab catch quota system 11 Catch and disposal requirements 12 Periodic returns 13 Provision relating to keeping of records 14 Minister's determinations Schedule 1—Aquatic resources prescribed for Blue Crab Fishery Part 1—Aquatic resources prescribed for purposes of regulation 4(2)(a) Part 2—Aquatic resources prescribed for Blue Crab Fishery Legislative history

1—Short title These regulations may be cited as the Fisheries Management (Blue Crab Fishery) Regulations 2013. 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 armatus); blue crab fishing zone means— (a) the Gulf St. Vincent Blue Crab Fishing Zone; or (b) the Spencer Gulf Blue Crab Fishing Zone; blue crab pot entitlement means the maximum number of crab pots that the holder of a licence in respect of the fishery may lawfully use at any one time for the purpose of taking blue crab under the licence; blue crab quota entitlement or quota entitlement, in relation to a licence in respect of the Blue Crab Fishery or the Marine Scalefish 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 the 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; conversion value means the number determined by the Minister to be the conversion value for a blue crab fishing zone and a quota period; Corporations Act means the Corporations Act 2001 of the Commonwealth; crab pot has the same meaning as in the Fisheries Management (General) Regulations 2017; current company extract means a document prepared by the Australian Securities and Investment Commission from its national database kept under the Corporations Act that contains current details of the following in relation to a company: (a) the company's name; (b) the address of the company's registered office; (c) the date of registration of the company; (d) the State or Territory in which the company is taken to be registered under the Corporations Act; (e) the company's Australian Company Number; (f) whether the company is a proprietary company or a public company; (g) the full name of each director of the company; (h) the full name of each secretary (if any) of the company; Department means the administrative unit of the Public Service responsible for assisting a Minister in the administration of the Act; fishery means the Blue Crab Fishery constituted by these regulations; Gulf St. Vincent Blue Crab Fishing Zone means the waters of Gulf St. Vincent north of the geodesic from the location on Mean High Water Springs closest to 35°10′04.74″ South, 137°40′38.64″ East to the location on Mean High Water Springs closest to 35°36′48.51″ South, 138°05′44.01″ East; Marine Scalefish Fishery means the fishery of that name constituted by the Fisheries Management (Marine Scalefish Fishery) Regulations 2017; Mean High Water Springs means the line representing the average of all high water observations at the time of spring tide over a period of 19 years; quota period—a quota period for the fishery is a period of 12 months commencing on 1 July; Spencer Gulf Blue Crab Fishing Zone means the waters of Spencer Gulf north of the geodesic from the location on Mean High Water Springs closest to 34°26′45.00″ South, 136°06′57.58″ East to the location on Mean High Water Springs closest to 34°26′45.00″ South, 137°24′59.26″ East; unit entitlement, in relation to a licence in respect of the Blue Crab Fishery or the Marine Scalefish 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) In these regulations, unless the contrary intention appears, company, director, proprietary company and public company have the same respective meanings as in the Corporations Act. (3) 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 AS5300—2019 Australian Fish Names Standard published by the Fisheries Research & Development Corporation, as in force 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 fishery (1) The Blue Crab Fishery is constituted. (2) The fishery consists of the taking, in the waters of the blue crab fishing zones— (a) of aquatic resources specified in Schedule 1 Part 1; and (b) of aquatic resources specified in Schedule 1 Part 2 for the purpose of bait. (3) The Minister may impose a condition on a licence in respect of the fishery that limits the holder of the licence to the taking of aquatic resources in the waters of the Gulf St. Vincent Blue Crab Fishing Zone or the Spencer Gulf Blue Crab Fishing Zone. 5—Issue of licences (1) Subject to this regulation, the Minister may issue licences in respect of the fishery. (2) An application for a licence in respect of the fishery may only be made by a person who holds a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a blue crab quota entitlement. (3) The Minister may only grant an application for a licence in respect of the fishery— (a) if the applicant's licence in respect of the Marine Scalefish Fishery has been surrendered; and (b) if a boat registered for use under that licence is the subject of, is registered for use under, or is otherwise referred to in, a licence, permit, authority or other entitlement to take aquatic resources granted under a law of the Commonwealth or a corresponding law—that entitlement has also been surrendered. 6—Transfer of licence (1) Licences in respect of the fishery are transferable. (2) 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 12 completed by the holder of the licence up to the date of application; and (c) if the transferee is a company—a current company extract relating to the transferee issued not more than 1 month immediately preceding the date of application. (3) The Minister may only consent to the transfer of a licence if satisfied as to the following: (a) that any fees or other amounts payable in relation to the licence under the Act or the repealed Act have been paid in full; (b) that the licence to be transferred has not been suspended; (c) 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; (d) if the transferee is a natural person, that the transferee is at least 15 years of age and is a fit and proper person to hold a licence in respect of the fishery; (e) if the transferee is a company, that each director of the company is a fit and proper person to be a director of a company that holds a licence in respect of the fishery; (f) if a boat registered for use under the licence is the subject of, is registered for use under, or is otherwise referred to in, a licence, permit, authority or other entitlement to take aquatic resources granted under a law of the Commonwealth or a corresponding law— (i) that the entitlement is either to be transferred together with the licence to the transferee or to be surrendered on or before the transfer of the licence; or (ii) that— (A) the transfer of the licence separately from the entitlement is not likely to result in fishing activities that over‑exploit or endanger the aquatic resources of the State; and (B) the person or body that granted the entitlement concurs with the separate transfer of the licence. 7—Registration An application by the holder of a licence in respect of the 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. 8—Revocation of registration (1) The Minister may, on application by the holder of a licence in respect of the 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 completed in accordance with the instructions contained in the form; and (c) be accompanied by the documents specified in the application form. 9—Blue crab pot entitlements and carriage of crab pots on boats (1) The Minister must, on or before the commencement of each quota period, determine the conversion value for a blue crab fishing zone and the quota period. (2) The Minister may impose or vary conditions on licences in respect of the fishery fixing blue crab pot entitlements as follows: (a) on the issue of a licence in respect of the fishery, a condition must be imposed on the licence fixing a blue crab pot entitlement calculated in accordance with the formula set out in subregulation (3); (b) on the variation of a blue crab quota entitlement under a licence in respect of the fishery, the conditions of the licence must be varied so that the blue crab pot entitlement under the licence, as calculated in accordance with the formula set out in subregulation (3), reflects the variation in the unit entitlement under the licence; (c) blue crab pot entitlements must not be varied except as provided by this subregulation. (3) For the purposes of subregulation (2), the formula for calculating the blue crab pot entitlement under a licence is as follows: