South Australian Current Regulations

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FISHERIES MANAGEMENT (GENERAL) REGULATIONS 2017 - REG 19

19—Provisions relating to abalone fishing

        (1)         A person must not remove from the shell abalone taken under a licence in respect of the Southern Zone Abalone Fishery unless the abalone is removed on land at the premises of a registered fish processor in the course of the business of the fish processor.

Maximum penalty: $2 500.

        (2)         An unlicensed person who takes abalone in the waters of the State must bring the abalone to a position above the waterline before the abalone is removed from its shell.

Maximum penalty: $2 500.

Expiation fee: $210.

        (3)         A person who takes abalone in the waters of the State must have attached to the person an effective and accurate measuring device suitable for measuring abalone.

Maximum penalty: $2 500.

Expiation fee: $210.

        (4)         A person who takes abalone in the waters of the State must measure each abalone by using a device of a kind referred to in subregulation (3) immediately after detaching the abalone from the rock or other place to which it was attached and must immediately, with care, replace on that rock or other place to which the abalone had been attached any abalone that is undersize.

Maximum penalty: $2 500.

Expiation fee: $210.

        (5)         Subject to subregulation (6), a person must not have possession, control or custody of abalone that has been removed from its shell.

Maximum penalty: $2 500.

Expiation fee: $210.

        (6)         Subregulation (5) does not apply to a person who has possession, control or custody abalone that has been removed from its shell if—

            (a)         being an unlicensed person, the person has complied with subregulation (2); or

            (b)         the person is acting during the course of the person's work or employment at the premises of a registered fish processor that are situated on land; or

            (c)         the abalone has previously been delivered to and processed at the premises of a registered fish processor that are situated on land; or

            (d)         the abalone was taken under a licence in respect of the Central Zone Abalone Fishery or Western Zone Abalone Fishery.

        (7)         In this regulation—

"land" does not include land below waters.



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