South Australian Current Regulations South Australian Current Regulations (1) In these
regulations, unless the contrary intention appears—
"abalone fishing area" means an area declared by the Minister, by notice in
the Gazette, as an abalone fishing area for the purposes of these regulations;
"Act" means the Fisheries Management Act 2007 ;
"bait net" means a fish net that—
(a) is
not more than 150 metres in length; and
(b) has
a mesh size of not less than 30 millimetres and not more than
150 millimetres;
"Bight Redfish" means Centroberyx gerrardi;
"Blacklip Abalone" means Haliotis rubra;
"Blue Swimmer Crab" means Portunus armatus;
"Central Zone Abalone Fishery" means the fishery of that name constituted by
the Fisheries Management (Abalone Fisheries) Regulations 2017 ;
"Charter Boat Fishery" means the fishery constituted by the
Fisheries Management (Charter Boat Fishery) Regulations 2016 ;
"coastal waters" does not include Coorong (area 1), Coorong (area 2) and Lake
George;
"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" means a device designed to be held in the hand and consisting of
a pole at 1 end of which is attached—
(a) a
cross-bar with teeth; or
(b) a
cross-bar with a net in the form of a bag or cone; or
(c) a
cross-bar with teeth and a net in the form of a bag or cone;
"Coorong" means that area of water separated from the Lower Murray, and from
Lake Alexandrina, by the Goolwa, Mundoo, Boundary Creek, Ewe Island and
Tauwitchere Barrages, and separated from the ocean by Sir Richard Peninsula
and Younghusband Peninsula, and by the geodesic from the location on
Mean High Water Springs closest to the mouth of the River Murray on the
northern side of the headland of Sir Richard Peninsula to the location on
Mean High Water Springs closest to the northern side of the headland of
Younghusband Peninsula;
"Coorong (area 1)" means the waters of the Coorong separated from the Lower
Murray, and from Lake Alexandrina, by the Goolwa, Mundoo, Boundary Creek, Ewe
Island and Tauwitchere Barrages, separated from the waters of the Coorong
south-east of Tauwitchere Barrage by the geodesic from the location on
Mean High Water Springs closest to 35°35′37.12″ South,
139°01′26.52″ East (Pelican Point) to the location on
Mean High Water Springs closest to 35°35′40.60″ South,
139°00′44.56″ East (Gnurlung Point), and separated from
the ocean by Sir Richard Peninsula and Younghusband Peninsula, and by the
geodesic from the location on Mean High Water Springs closest to the mouth of
the River Murray on the northern side of the headland of Sir Richard Peninsula
to the location on Mean High Water Springs closest to the northern side of the
headland of Younghusband Peninsula;
"Coorong (area 2)" means the waters of the Coorong south-east of the geodesic
from the location on Mean High Water Springs closest to
35°35′37.12″ South,
139°01′26.52″ East (Pelican Point) to the location on
Mean High Water Springs closest to 35°35′40.60″ South,
139°00′44.56″ East (Gnurlung Point), and separated from
the ocean by Younghusband Peninsula;
"Coorong coastal waters" means the coastal waters from the location on
Mean High Water Springs closest to 35°31′23.45″ South,
138°46′23.86″ East (Beach Road, Goolwa) to the location
on Mean High Water Springs closest to
36°49′34.54″ South,
139°50′55.98″ East (Kingston SE jetty);
"corf" includes any floating or submerged holding box or container used to
hold live fish;
"crab net" means a device used to take crabs (Family Portunidae) consisting of
a drop net or a net in the form of a bag or cone attached to a hoop at its
opening;
"crab pot" means a fish trap that—
(a) is
designed and constructed for the purpose of taking Blue Swimmer Crabs; and
(b) has
a maximum height of 650 millimetres; and
(c) has
a maximum diameter of 2 metres; and
(d) is
covered with a fish net that has—
(i)
a minimum mesh size of 75 millimetres; or
(ii)
an escape panel that has a minimum mesh size of 75
millimetres and is at least 700 millimetres by 300 millimetres;
"crab rake" means a device designed to be held in the hand and consisting of a
pole at 1 end of which is attached—
(a) a
cross-bar with teeth; and
(b) a
circular metal framed mesh;
"Cuttlefish" means Sepia spp;
"Department" means the administrative unit of the Public Service responsible
for assisting a Minister in the administration of the Act;
"depth", in relation to a net, means the distance from the cork line, buoyant
line or other line on which the net is slung to the lead line or to the bottom
of the net if there is no lead line such distance to be measured when the cork
line, buoyant line or other line on which the net is slung is taut and the
lead line or the bottom of the net, if there is no lead line, is hanging free
and out of the water;
"dip tin" means a perforated open metal basket that—
(a) has
a handle; and
(b) has
perforations of 8 millimetres in diameter; and
(c) is
not more than 400 millimetres long; and
(d) is
not more than 300 millimetres wide; and
(e) is
not more than 200 millimetres deep;
"drop line" means a device that consists of a length of line with hooks
attached by snoods along its length and is anchored by a weight, buoyed at the
surface and deployed vertically through the water;
"drop net" means a net that consists of 2 hoops, the top hoop having a
diameter not smaller than that of the bottom hoop, to which netting is
attached so as to form a cylindrical bag or cone shaped bag;
"drum net" means a fish trap that consists of mesh supported by 3 large
diameter bands to form a body or shape which is closed at 1 end and a cove at
the other end;
"electro-fishing" means the taking of fish by using a device consisting of a
power source anode or cathode designed and constructed to apply an electric
field to water so as to attract or stun fish;
"fish net" means any net other than a hand net (including a dab net, dip net
or shrimp net), hoop net, drop net, lift net, pyramid net or a
prawn trawl net;
"fish trap" means a device that is designed and constructed to trap fish and
has an entrance or cove;
"fyke net" means a fish trap that consists of a series of large diameter rings
which support mesh on the exterior and a series of coves along the interior
with a wing or wings at 1 end;
"GDA2020" means the Geocentric Datum of Australia 2020 as defined in the
determination under section 8A of the National Measurement Act 1960 of
the Commonwealth for the recognised-value standard of measurement position;
"gill net" means a length of mesh net supported along its length by a rope
attached to the top and bottom of the mesh and designed and constructed to be
used as a static device to enmesh fish;
"Golden Perch" means Macquaria ambigua;
"Greenlip Abalone" means Haliotis laevigata;
"Gulf St. Vincent" means the waters contained within Gulf St. Vincent north of
the geodesic from the location on Mean High Water Springs closest to
35°10′4.69″ South,
137°40′38.66″ East (Troubridge Point, Yorke Peninsula)
to the location on Mean High Water Springs closest to
35°36′48.46″ South,
138°05′44.04″ East (Cape Jervis, Fleurieu Peninsula);
"Gulf St. Vincent, Investigator Strait and Backstairs Passage" means the
waters of Gulf St. Vincent, Investigator Strait and Backstairs Passage
contained within and bounded by a line commencing at Mean High Water Springs
closest to 35°17′59.55″ South,
136°52′50.14″ East (Cape Spencer, Yorke Peninsula), then
beginning north-easterly following the line of Mean High Water Springs to the
location closest to 35°38′33.75″ South,
138°31′20.86″ East (Newland Head, Fleurieu Peninsula),
then south-westerly to the location on Mean High Water Springs closest to
35°50′32.65″ South,
138°08′03.62″ East (Cape Willoughby, Kangaroo Island),
then beginning north-westerly following the line of Mean High Water Springs to
the location closest to 35°44′55.83″ South,
136°35′14.80″ East (Cape Borda, Kangaroo Island), then
north-easterly to the point of commencement;
"Gummy Shark" means Mustelus antarcticus;
"hand fish spear" means a fish spear propelled by human power without the use
of any explosive, spring, elastic material or mechanism;
"hand line" means fishing line used without a rod and to which not more than 3
fishing hooks are attached (for the purpose of this definition not more than 5
hooks joined by threading the point of 1 through the eye of another, or by
fastening their shanks together will be taken to be 1 hook);
"hand net" (including a dab net, dip net or shrimp net) means a net being
conical in shape attached to a hoop or ring and extending not more than 1
metre in depth from the hoop or ring, the hoop and ring being attached to a
rigid handle and having a diameter that does not exceed 1 metre;
"hauling net" means a net hauled by a rope 1 end of which is securely anchored
to the sea bed or attached to a securely anchored boat or securely attached to
the shore;
"hoop net" means a net that consists of 1 hoop of a diameter not exceeding
107 centimetres to which netting is attached in the form of a cone or bag
that does not extend more than 92 centimetres from the hoop;
"in any 1 day" means during the period commencing at midnight and ending at
the midnight next following;
"inland waters" means the River Murray and its tributaries,
Lakes Albert and Alexandrina, Lake George, the Coorong above the Murray Mouth
and all the waters of the State that are fresh waters;
"Lake Eyre Perch" means Macquaria spp;
"Lakes Albert and Alexandrina" means all of the waters of Lake Albert and Lake
Alexandrina downstream from the punt that services the main road joining the
township of Wellington to the township of Wellington East near
35°19′52.48″ South,
139°23′04.33″ East, and separated from the Coorong by
land and by the Goolwa, Mundoo, Boundary Creek, Ewe Island and Tauwitchere
Barrages, and includes those waters of the Finniss River and Currency Creek
situated upstream from Lake Alexandrina to the first road bridge by which they
are crossed;
"Lakes and Coorong Fishery" means the fishery of that name constituted by the
Fisheries Management (Lakes and Coorong Fishery) Regulations 2009 ;
"large mesh monofilament net" means a monofilament mesh net that—
(a) has
a mesh size exceeding 115 millimetres; and
(b)
consists of line with a minimum breaking strain of not less than 7 kilograms;
"large mesh multifilament hauling net" means a multifilament hauling net
that—
(a) has
a mesh size exceeding 95 millimetres; and
(b)
consists of line with a minimum ply of not less than 21;
"large mesh net" means a mesh net or gill net with a mesh size of not less
than 150 millimetres;
"large mulloway" means Mulloway that exceeds 82 centimetres in length;
"large salmon" means Salmon that exceeds 35 centimetres in length;
"large snapper" means Snapper that exceeds 60 centimetres in length;
"length"—
(a) in
relation to a fish—means the distance from the foremost part of the head
to the end of the tail;
(b) in
relation to a net—means the length of that part of the cork line,
buoyant line or other line on which the net is slung;
"licensed person", in relation to a fishing activity, means—
(a) a
person who, for a commercial purpose, is engaged in a fishing activity of a
class that constitutes the fishery in respect of which the person holds a
fishery licence or permit; or
(b) a
person acting as the agent of a holder of such a licence or permit;
"lift net" means—
(a) a
device that consists of 1 ring not exceeding 107 centimetres in diameter
to which netting is attached in the form of a cone or bag that does not extend
more than 92 centimetres from the ring when the ring is suspended in a
horizontal position; or
(b) a
device that consists of 2 rings (the upper ring not exceeding
107 centimetres in diameter and being of a diameter greater than that of
the lower ring) to which netting is attached in the form of a cone or bag that
does not extend more than 92 centimetres from the upper ring when the
ring is suspended in a horizontal position;
"long line" means a length of line to which is attached 1 or more traces or
hooks and which is anchored and buoyed at 1 or both ends;
"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;
"meat", in relation to an abalone, means all the muscular foot from which the
viscera have been detached by the usual shucking procedure;
"mesh net" means a net designed and constructed to enmesh fish;
"Miscellaneous Broodstock and Seedstock Fishery" means the fishery of that
name constituted by the Fisheries Management (Miscellaneous Broodstock and
Seedstock Fishery) Regulations 2013 ;
"Mulloway" means Argyrosomus japonicus;
"Murray Cod" means Maccullochella peelii;
"Murray Mouth" means the Coorong and coastal waters that are within
500 metres of a line joining the locations on Mean High Water Springs
closest to 35°33′18.64″ South,
138°52′45.90″ East (northern side of the headland of Sir
Richard Peninsula) and 35°33′21.90″ South,
138°52′53.37″ East (northern side of the headland of
Younghusband Peninsula);
"mussel dredge" means a device that—
(a) is
designed and constructed to be held in the hand so as to facilitate the taking
of fish by scraping the bed of any waters; and
(b) is
not more than 1 metre wide; and
(c) has
attached to it a net not more than 1 metre deep;
"non-commercial purpose" means a purpose other than trade or business;
"Northern Zone" has the same meaning as in the Fisheries Management (Rock
Lobster Fisheries) Regulations 2017 ;
"Northern Zone Rock Lobster Fishery" means the fishery of that name
constituted by the Fisheries Management (Rock Lobster Fisheries)
Regulations 2017 ;
"on the same day" means during the period commencing at midnight and ending at
the midnight next following;
"overall length", in relation to a boat, means the horizontal distance
between—
(a) a
perpendicular dropped from the extremity of the bow of the boat, or, if a
fixture or structure attached to the bow projects beyond the bow, from the
extremity of that fixture or structure; and
(b) a
perpendicular dropped from the extremity of the stern of the boat, or, if a
fixture or structure attached to the stern projects beyond the stern, from the
extremity of that fixture or structure;
"permitted device" means a device specified in Schedule 1;
"Pipi" means any mollusc of the genus Donax;
"power hauling method of fishing" means a fishing activity involving the use
of a fish net where—
(a) the
net is hauled through the water by means other than by hand; and
(b) not
more than 1 boat is used to haul the net; and
(c) 1
end of the net is anchored so as to secure that end to the sea bed
while—
(i)
the net is shot out; or
(ii)
1 end of the net is being hauled back to the other end;
"prawn" means King Prawn (Melicertus latisulcatus );
"prawn trawl net" means a trawl net that is designed and constructed for the
taking of prawn;
"purse seine net" means a long winged hauling net with a bunt and a pursing
line attached by rings to the bottom mesh or foot rope;
"pyramid net" means a square or rectangular net that—
(a) is
open at the top with an opening that is not less than 20 centimetres by
20 centimetres; and
(b) is
not more than 60 centimetres in length and not more than
60 centimetres wide; and
(c) has
a mesh net height not more than 15 centimetres perpendicular from the
base; and
(d) does
not have any internal device designed for use, or capable of use, in
connection with the taking of fish;
"ring net" means a mesh net that has floats on the head line and leads on the
bottom line and is designed and constructed to encircle a school of fish;
"River Fishery" means the fishery of that name constituted by the
Fisheries Management (River Fishery) Regulations 2017 ;
"River Murray proper" means all the waters of the River Murray and its
anabranches, tributaries, lagoons and lakes situated upstream of the punt
which services the main road joining the township of Wellington to the
township of Wellington East;
"rock lobster" means Southern Rock Lobster (Jasus edwardsii );
"rock lobster fishery" means—
(a) the
Northern Zone Rock Lobster Fishery; or
(b) the
Southern Zone Rock Lobster Fishery;
"rock lobster pot" means a fish trap that is designed and constructed for the
purpose of taking rock lobster;
"rock lobster snare" means a device that—
(a)
consists of a noose attached to a length of tubing; and
(b) is
designed and constructed for the taking of rock lobster;
"rod and line" means a rod to which is attached a fishing line having not more
than 3 fishing hooks attached to it (and, for the purpose of this
definition, not more than 5 hooks joined by threading the point of 1
through the eye of another or by fastening their shanks to each other will be
taken to be 1 hook);
"Salmon" means Western Australian Salmon (Arripis truttaceus );
"Sand Crab" means Ovalipes spp;
"sand crab pot" means a fish trap that—
(a) is
designed and constructed for the purpose of taking Sand Crabs; and
(b) has
a maximum height of 450 millimetres; and
(c) has
a maximum diameter of 1.5 metres; and
(d) is
covered with a fish net that has—
(i)
a minimum mesh size of 75 millimetres; or
(ii)
an escape panel that has a minimum mesh size of 75
millimetres and is at least 700 millimetres by 300 millimetres;
"sardine net" means a purse seine net that—
(a) is
no more than 1000 metres in length; and
(b) is
no more than 200 metres in depth; and
(c) has
a minimum mesh size of 14 millimetres;
"scallop dredge" means a device consisting of mesh supported by framework that
is designed and constructed to be pulled behind a boat so as to facilitate the
taking of fish by scraping the bed of any waters;
"School Shark" means Galeorhinus galeus;
"set line" includes any device using hooks and known as a cross line,
springer, side line, long line or buoyed line;
"set net" means a static mesh net;
"set-net method of fishing" means a fishing activity involving the use of a
fish net—
(a) of
up to 600 metres in length; and
(b)
having a mesh size of at least 50 millimetres but less than 150 millimetres,
and in which the fish net is run out into the water and set, the ends of the
fish net not meeting or being joined;
"shrimp trap" means a fish trap that is designed and constructed for the
purpose of taking shrimps (Suborder Natantia);
"small mesh monofilament net" means a monofilament mesh net that—
(a) has
a mesh size exceeding 50 millimetres but not exceeding 64 millimetres; and
(b)
consists of line with a minimum breaking strain of not less than
5.5 kilograms;
"small mesh multifilament hauling net" means a multifilament hauling net
that—
(a) has
a mesh size exceeding 50 millimetres but not exceeding 64 millimetres; and
(b)
consists of line with a minimum ply of not less than 15;
"small Mulloway" means Mulloway that is at least 46 centimetres in length but
does not exceed 82 centimetres in length;
"small Salmon" means Salmon that is at least 21 centimetres in length but does
not exceed 35 centimetres in length;
"small Snapper" means Snapper that is at least 38 centimetres in length but
does not exceed 60 centimetres in length;
"Snapper" means Chrysophrys auratus;
"Southern Bluefin Tuna" means Thunnus maccoyii ;
"Southern Zone" has the same meaning as in the Fisheries Management (Rock
Lobster Fisheries) Regulations 2017 ;
"Southern Zone Abalone Fishery" means the fishery of that name constituted by
the Fisheries Management (Abalone Fisheries) Regulations 2017 ;
"Southern Zone Rock Lobster Fishery" means the fishery of that name
constituted by the Fisheries Management (Rock Lobster Fisheries)
Regulations 2017 ;
"spear gun" means a device for spearing fish consisting of a spear and an
apparatus for discharging the spear by means of explosive, spring or elastic
material or other mechanical means;
"Spencer Gulf" means the waters contained within Spencer Gulf north of the
geodesic from the location on Mean High Water Springs closest to
34°59′07.10″ South,
136°00′11.09″ East (Cape Catastrophe, Eyre Peninsula) to
the location on Mean High Water Springs closest to
35°17′59.55″ South,
136°52′50.14″ East (Cape Spencer, Yorke Peninsula);
"squid jig" means a lure or bait that—
(a) is
used for taking cephalopods; and
(b) is
attached by a line to a handline or rod and line,
but does not include a free floating device;
"swinger net" means a non-static gill net to which is attached a rope that is
anchored to the shore so as to enable the net to drift with the aid of
offshore and longshore currents;
"teaser line" means a line (without an attached hook) used to lure or attract
fish;
"trawl net" includes a lampara net, Danish seine net, beam trawl net or otter
trawl net and any net towed by a boat;
"trot line" means a combination of—
(a)
buoyed lines anchored or weighted; and
(b) a
line or lines connecting the buoyed lines and supported under the surface of
the waters by a line of floats; and
(c) a
line or lines attached to the connecting line and weighted to which are
attached hooks or snoods with hooks;
"undersize fish" means fish that is undersize as determined in accordance with
Schedule 2 but does not include—
(a)
scalefish of the family Bothidae or Pleuronectidae taken by an
unlicensed person; or
(b)
aquaculture fish taken by the holder of an aquaculture licence from an area in
which aquaculture is carried on; or
(c) fish
taken by the holder of an aquaculture licence under a permit in respect of the
Miscellaneous Broodstock and Seedstock Fishery;
"unlicensed person", in relation to a fishing activity, means a person who is
not a licensed person in relation to that activity;
"vongole" means any mollusc of the genus Katelysia;
"waters of the State" means all the waters to which the Act applies;
"Western Blue Groper" means Achoerodus gouldii ;
"Western Zone Abalone Fishery" means the fishery of that name constituted by
the Fisheries Management (Abalone Fisheries) Regulations 2017 ;
"Yabby" means Yabby (Cherax spp);
"Yelloweye Redfish" means Centroberyx australis ;
"Yellowfin Tuna" means Thunnus albacares.
(2) In these
regulations—
(a) all
lines in spatial descriptions are geodesics based on GDA2020 and all
co-ordinates are expressed in terms of GDA2020;
(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 a person "carrying a device" includes a reference to the
person—
(i)
having the device on or about the person; or
(ii)
having the device so near to the person that the person
is able to exercise physical control over the device;
(d) a
reference to the "taking of aquatic resources" or a particular class or
species of aquatic resources includes a reference to any act that is
preparatory to, or involved in, the taking of those aquatic resources or class
or species of aquatic resources, whether or not any such aquatic resources or
class or species of aquatic resources have been taken;
(e) a
reference to "using" or to the "use of a device by a person engaged in a
fishing activity includes a reference to using the device—
(i)
to take aquatic resources; and
(ii)
in or as part of any act preparatory to, or involved in,
the taking of aquatic resources.
(3) For the purposes
of these regulations, the mesh size of a net is to be determined using a
measuring instrument approved by the Minister.
(3a) For the purposes
of subregulation (3), the Minister may, by notice in the Gazette—
(a)
approve a measuring instrument; or
(b)
revoke an approval under paragraph (a).
(4) For the purposes
of these regulations—
(a) a
device registered for use for recreational fishing is attended only if it is
at all times actually being attended by the person in whose name it is
registered under regulation 10 and that person is at all times—
(i)
while the device is in the waters of Lake George—no
more than 50 metres from the landward boundary of the Lake;
(ii)
while the device is in any other
waters of the State—no more than 50 metres from any part of the
device;
(b) a
device registered for use under a fishery authority is attended only if it is
at all times actually being attended by the person who holds the fishery
authority, or a person acting as an agent of the holder of the fishery
authority, and that person is at all times—
(i)
while the device is in the waters of Lake George—no
more than 50 metres from the landward boundary of the Lake;
(ii)
while the device is in any other
waters of the State—no more than 50 metres from any part of the
device.
(5) The Minister may,
by notice in the Gazette—
(a)
declare an area to be an abalone fishing area for the purposes of these
regulations; or
(b) vary
or revoke a declaration under paragraph (a).