{"id":"fisheries-management-blue-crab-fishery-regulations-2013","name":"Fisheries Management (Blue Crab Fishery) Regulations 2013","slug":"fisheries-management-blue-crab-fishery-regulations-2013","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235525,"registerId":"sa-fisheries-management-blue-crab-fishery-regulations-2013-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fisheries Management (Blue Crab Fishery) Regulations 2013","content":"South Australia\nFisheries Management (Blue Crab Fishery) Regulations 2013\nunder the Fisheries Management Act 2007\n\nContents\n1\tShort title\n3\tInterpretation\n4\tConstitution of fishery\n5\tIssue of licences\n6\tTransfer of licence\n7\tRegistration\n8\tRevocation of registration\n9\tBlue crab pot entitlements and carriage of crab pots on boats\n10\tIndividual blue crab catch quota system\n11\tCatch and disposal requirements\n12\tPeriodic returns\n13\tProvision relating to keeping of records\n14\tMinister's determinations\nSchedule 1—Aquatic resources prescribed for Blue Crab Fishery\nPart 1—Aquatic resources prescribed for purposes of regulation 4(2)(a)\nPart 2—Aquatic resources prescribed for Blue Crab Fishery\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Fisheries Management (Blue Crab Fishery) Regulations 2013.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Fisheries Management Act 2007;\nblue crab means Blue Swimmer Crab (Portunus armatus);\nblue crab fishing zone means—\n\t(a)\tthe Gulf St. Vincent Blue Crab Fishing Zone; or\n\t(b)\tthe Spencer Gulf Blue Crab Fishing Zone;\nblue 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;\nblue 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—\n\t(a)\tthe unit entitlement under the licence in respect of that zone; and\n\t(b)\tthe unit value for that zone and that quota period,\nsubject to any variation applying during that quota period;\nconversion value means the number determined by the Minister to be the conversion value for a blue crab fishing zone and a quota period;\nCorporations Act means the Corporations Act 2001 of the Commonwealth;\ncrab pot has the same meaning as in the Fisheries Management (General) Regulations 2017;\ncurrent 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:\n\t(a)\tthe company's name;\n\t(b)\tthe address of the company's registered office;\n\t(c)\tthe date of registration of the company;\n\t(d)\tthe State or Territory in which the company is taken to be registered under the Corporations Act;\n\t(e)\tthe company's Australian Company Number;\n\t(f)\twhether the company is a proprietary company or a public company;\n\t(g)\tthe full name of each director of the company;\n\t(h)\tthe full name of each secretary (if any) of the company;\nDepartment means the administrative unit of the Public Service responsible for assisting a Minister in the administration of the Act;\nfishery means the Blue Crab Fishery constituted by these regulations;\nGulf 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;\nMarine Scalefish Fishery means the fishery of that name constituted by the Fisheries Management (Marine Scalefish Fishery) Regulations 2017;\nMean 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;\nquota period—a quota period for the fishery is a period of 12 months commencing on 1 July;\nSpencer 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;\nunit 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;\nunit 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.\n\t(2)\tIn these regulations, unless the contrary intention appears, company, director, proprietary company and public company have the same respective meanings as in the Corporations Act.\n\t(3)\tIn these regulations—\n\t(a)\tall 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;\n\t(b)\tcommon 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;\n\t(c)\ta reference to the taking of aquatic resources includes a reference to an act preparatory to, or involved in, the taking of the aquatic resources.\n4—Constitution of fishery\n\t(1)\tThe Blue Crab Fishery is constituted.\n\t(2)\tThe fishery consists of the taking, in the waters of the blue crab fishing zones—\n\t(a)\tof aquatic resources specified in Schedule 1 Part 1; and\n\t(b)\tof aquatic resources specified in Schedule 1 Part 2 for the purpose of bait.\n\t(3)\tThe 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.\n5—Issue of licences\n\t(1)\tSubject to this regulation, the Minister may issue licences in respect of the fishery.\n\t(2)\tAn 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.\n\t(3)\tThe Minister may only grant an application for a licence in respect of the fishery—\n\t(a)\tif the applicant's licence in respect of the Marine Scalefish Fishery has been surrendered; and\n\t(b)\tif 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.\n6—Transfer of licence\n\t(1)\tLicences in respect of the fishery are transferable.\n\t(2)\tAn application for consent to the transfer of a licence must be accompanied by—\n\t(a)\tthe licence to be transferred; and\n\t(b)\ta form of return as required by regulation 12 completed by the holder of the licence up to the date of application; and\n\t(c)\tif 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.\n\t(3)\tThe Minister may only consent to the transfer of a licence if satisfied as to the following:\n\t(a)\tthat any fees or other amounts payable in relation to the licence under the Act or the repealed Act have been paid in full;\n\t(b)\tthat the licence to be transferred has not been suspended;\n\t(c)\tthat 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;\n\t(d)\tif 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;\n\t(e)\tif 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;\n\t(f)\tif 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—\n\t(i)\tthat 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\n\t(ii)\tthat—\n\t(A)\tthe 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\n\t(B)\tthe person or body that granted the entitlement concurs with the separate transfer of the licence.\n7—Registration\nAn application by the holder of a licence in respect of the fishery—\n\t(a)\tto register a boat or device for use under the licence; or\n\t(b)\tto register a person as a master of a boat that may be used under the licence,\nmust be accompanied by the documents specified in the application form.\n8—Revocation of registration\n\t(1)\tThe Minister may, on application by the holder of a licence in respect of the fishery, revoke the registration of—\n\t(a)\ta boat or device used under the licence; or\n\t(b)\ta person as a master of a boat that may be used under the licence.\n\t(2)\tAn application for revocation of registration must—\n\t(a)\tbe made in a manner and form approved by the Minister; and\n\t(b)\tbe completed in accordance with the instructions contained in the form; and\n\t(c)\tbe accompanied by the documents specified in the application form.\n9—Blue crab pot entitlements and carriage of crab pots on boats\n\t(1)\tThe 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.\n\t(2)\tThe Minister may impose or vary conditions on licences in respect of the fishery fixing blue crab pot entitlements as follows:\n\t(a)\ton 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);\n\t(b)\ton 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;\n\t(c)\tblue crab pot entitlements must not be varied except as provided by this subregulation.\n\t(3)\tFor the purposes of subregulation (2), the formula for calculating the blue crab pot entitlement under a licence is as follows:\n\nwhere—\nA is the blue crab pot entitlement expressed as a whole number (a number having a fraction of half or more being rounded up to the next whole number);\nB is the unit entitlement under the licence;\nC is the conversion value for the blue crab fishing zone to which the unit entitlement under the licence relates.\n\t(4)\tThe Minister may impose conditions on licences in respect of the fishery limiting the number of crab pots that may be carried on boats and otherwise regulating the carrying of crab pots used for fishing activities under the licences.\n10—Individual blue crab catch quota system\n\t(1)\tThe 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.\n\t(2)\tThe Minister may impose or vary conditions on licences in respect of the Blue Crab Fishery or the Marine Scalefish Fishery fixing blue crab quota entitlements as follows:\n\t(a)\ton the issue of a licence in respect of the Blue Crab Fishery (a new licence), the licence may be allocated a number of blue crab units in respect of a blue crab fishing zone equal to the number of blue crab units in respect of that zone that was, immediately before the surrender of the licence in respect of the Marine Scalefish Fishery held by the applicant for the new licence, the subject of a condition of the licence in respect of the Marine Scalefish Fishery;\n\t(b)\ton joint application made to the Minister by the holders of any 2 licences in respect of the Blue Crab Fishery subject to a condition fixing a blue crab quota entitlement in respect of the same blue crab fishing zone, the conditions of the licences may be varied so as to increase the unit entitlement in respect of that zone under 1 of the licences and decrease the unit entitlement in respect of that zone under the other licence by a corresponding number of units;\n\t(c)\ton 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 entitlement in respect of a particular blue crab fishing zone (the first licence) and the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a blue crab quota entitlement in respect of the same zone (the second licence)—\n\t(i)\tthe 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\n\t(ii)\tthe 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;\n\t(d)\ton 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 entitlement in respect of a particular blue crab fishing zone (the first licence) and the holder of a licence in respect of the Marine Scalefish Fishery not subject to a condition fixing a blue crab quota entitlement (the second licence)—\n\t(i)\tthe conditions of the first licence may be varied so as to decrease the unit entitlement under that licence in respect of that zone; and\n\t(ii)\ta 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;\n\t(e)\tif the total catch of blue crab taken by 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 a particular blue crab fishing zone during a quota period (the first quota period) (being a quota period that commenced on or after 1 July 2021) is less than the blue crab quota entitlement under the licence for that fishing zone and that quota period, the Minister may vary the conditions of the licence so as to increase the blue crab quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) by 1 kilogram of blue crab for each kilogram by which the catch fell short of the blue crab quota entitlement for the first quota period up to—\n\t(i)\t—\n\t(A)\t10% of the quota entitlement for the first quota period; or\n\t(B)\tsuch lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the subsequent quota period; or\n\t(ii)\tif the Minister is satisfied that exceptional circumstances apply—\n\t(A)\ta percentage that exceeds 10% of the quota entitlement for the first quota period; or\n\t(B)\tsuch other greater kilogram amount of catch,\nas is determined by the Minister on or before the commencement of the subsequent quota period;\n\t(f)\tif the total catch of blue crab taken by 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 a particular blue crab fishing zone during a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the blue crab quota entitlement under the licence for that fishing zone and that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) as follows:\n\t(i)\tif the catch exceeded the quota entitlement by—\n\t(A)\tan amount not exceeding 10% of the quota entitlement for the first quota period; or\n\t(B)\tsuch lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,\nby 1 kilogram of blue crab for each kilogram taken in excess of the quota entitlement; or\n\t(ii)\tif the catch exceeded the quota entitlement by—\n\t(A)\tan amount greater than 10% of the quota entitlement for the first quota period; or\n\t(B)\tsuch lower percentage of the quota entitlement for the first quota period, or such other lower kilogram amount of catch, as is determined by the Minister on or before the commencement of the first quota period,\nby 2 kilograms of blue crab for each kilogram taken in excess of the quota entitlement.\n\t(3)\tFor the purposes of—\n\t(a)\tsubregulation (2)(e)(i) and (ii); and\n\t(b)\tsubregulation (2)(f)(i) and (ii),\nany increase in the quota entitlement under a licence applying during a first quota period as a result of a variation of the quota entitlement under the licence previously made under subregulation (2)(e)(i) or (ii) must be disregarded.\n\t(4)\tA variation of a quota entitlement under subregulation (2)(e) or (f) must be expressed to apply only for the quota period during which the variation is made.\n\t(5)\tAn application under subregulation (2)(a), (b), (c)(i) or (d) may not be made in respect of blue crab units allocated to the licence under subregulation (2)(e).\n\t(6)\tAn application to vary unit entitlements must—\n\t(a)\tbe made in a manner and form approved by the Minister; and\n\t(b)\tbe completed in accordance with the instructions contained in the form; and\n\t(c)\tbe accompanied by the prescribed fee.\n\t(7)\tIn this regulation—\nfollowing quota period, in relation to a first quota period and the holder of a licence in respect of the fishery, means the next quota period during which blue crab may be taken by the holder of the licence following the first quota period.\n11—Catch and disposal requirements\n\t(1)\tThe holder of a licence in respect of the fishery or the registered master of a registered boat from which blue crab is taken under such a licence must comply with the following provisions:\n\t(a)\tthe holder of the licence or registered master must, in the manner and form, at such places and at such times, as determined by the Minister, record such information in respect of the catch and disposal of blue crabs taken under the licence as determined by the Minister;\n\t(b)\tthe holder of the licence or registered master must provide such information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;\n\t(c)\tthe holder of the licence or registered master must ensure that blue crab taken under the licence are weighed, stored, placed in containers, sealed, tagged, and transported, delivered, consigned or otherwise disposed of, and accompanied by such information, in accordance with the requirements (if any) as determined by the Minister.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the holder of the licence and the registered master of the registered boat are each guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n\t(3)\tThe holder of a licence must keep records made under subregulation (1) in the manner, at such place, and for such period as determined by the Minister.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n12—Periodic returns\n\t(1)\tThe holder of a licence in respect of the fishery must provide the Department with such returns in the manner and form, at such times and containing such information, as determined by the Minister.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n\t(2)\tThe holder of a licence in respect of the fishery must keep a record of each return that the licence holder provides to the Department under this regulation in such manner, and for such period, as determined by the Minister.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n13—Provision relating to keeping of records\nA person required under these regulations to keep a record for a period of time must ensure that the record—\n\t(a)\tis maintained in a good condition and is legible; and\n\t(b)\tis kept so that it is readily accessible; and\n\t(c)\tis produced for inspection by a fisheries officer on request.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n14—Minister's determinations\n\t(1)\tThe Minister may make a determination for the purposes of a regulation.\n\t(2)\tA determination may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which it is expressed to apply.\n\t(3)\tIf the Minister makes a determination for the purposes of a regulation, notice of the determination—\n\t(a)\tmust be published on the Department's website; and\n\t(b)\tmay also be published in the Gazette.\n\t(4)\tAs soon as practicable after a determination of the Minister is made, a notice in writing setting out the date on which notice of the determination is published and the terms of the determination must be given to the persons bound by the determination in a manner and form that, in the opinion of the Minister, will bring the determination to the attention of those persons.\n\t(5)\tThe Minister may, by further determination, vary or revoke a determination.\n\t(6)\tThis regulation does not apply in relation to a determination made for the purposes of regulation 9 or 10.\nSchedule 1—Aquatic resources prescribed for Blue Crab Fishery\nPart 1—Aquatic resources prescribed for purposes of regulation 4(2)(a)\n\nCrustaceans\nBlue Swimmer Crab (Portunus armatus)\nRock Crab (Nectocarcinus integrifons)\nSpider Crab (Family Majidae)\nVelvet Crab (Nectocarcinus tuberculosus)\nPart 2—Aquatic resources prescribed for Blue Crab Fishery\n\nMolluscs\nOctopus (Octopus spp)\nGould's Squid (Nototodarus gouldi)\nScalefish\nAustralian Anchovy (Engraulis australis)\nBarracouta (Thyrsites atun)\nBlack Bream (Acanthopagrus butcheri)\nCod (marine species) (Family Moridae)\nFlathead (Family Platycephalidae)\nFlounder (Family Bothidae or Pleuronectidae)\nBluespotted Goatfish (Upeneichthys vlamingii)\nEastern Striped Grunter (Pelates sexlineatus)\nAustralian Herring (Arripis georgianus)\nYellowtail Kingfish (Seriola lalandi)\nLeatherjacket (Family Monacanthidae)\nBlue Mackerel (Scomber australasicus)\nCommon Jack Mackerel (Trachurus declivis)\nMorwong (Family Cheilodactylidae)\nMullet of all species (Family Mugilidae)\nMulloway (Argyrosomus japonicus)\nWest Australian Salmon (Arripis truttaceus)\nAustralian Sardine (Sardinops sagax)\nSnook (Sphyraena novaehollandiae)\nSouthern Sole (Aseraggodes haackeanus)\nSea Sweep (Scorpis aequipinnis)\nTrevally (Carangidae spp)\nWrasse (Labridae) (other than Western Blue Groper (Achoerodus gouldii))\nSharks\nRays of all species (Class Elasmobranchii)\nShark of all species (Class Elasmobranchii) other than White Shark (Carcharodon carcharias)\nSkate of all species (Class Elasmobranchii)\nLegislative history\nNotes\n\t•\tPlease 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.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor 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.\nLegislation revoked by principal regulations\nThe Fisheries Management (Blue Crab Fishery) Regulations 2013 revoked the following:\nFisheries Management (Blue Crab Fishery) Regulations 1998\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2013\n214\nGazette 29.8.2013 p3664\n1.9.2013: r 2\n2017\n221\nGazette 8.8.2017 p3179\n15.1.2018: r 2\n2020\n261\nGazette 27.8.2020 p4408\n27.8.2020: r 2\n2021\n92\nGazette 24.6.2021 p2368\n1.7.2021: r 2\n2022\n36\nGazette 16.6.2022 p1793\n1.7.2022: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n15.1.2018\nr 3\n\n\nr 3(1)\n\n\nblue crab quota entitlement or quota entitlement\nvaried by 92/2021 r 4(1)\n1.7.2021\ncrab pot\nvaried by 221/2017 r 4(1)\n15.1.2018\nDepartment\nsubstituted by 221/2017 r 4(2)\n15.1.2018\nmarine scalefish fishery\nvaried by 221/2017 r 4(3)\n15.1.2018\n\ndeleted by 92/2021 r 4(2)\n1.7.2021\nMarine Scalefish Fishery\ninserted by 92/2021 r 4(2)\n1.7.2021\nunit entitlement\nvaried by 92/2021 r 4(3)\n1.7.2021\nr 3(3)\nvaried by 221/2017 r 4(4), (5)\n15.1.2018\n\nvaried by 92/2021 r 4(4)\n1.7.2021\nr 8\n\n\nr 8(2)\nvaried by 221/2017 r 5\n15.1.2018\nr 10\n\n\nr 10(2)\nvaried by 261/2020 r 4(1)\n27.8.2020\n\nvaried by 92/2021 r 5\n1.7.2021\n\n(da), (g) deleted by 36/2022 r 3(1)\n1.7.2022\n\namended by 36/2022 r 3(1)\n1.7.2022\nr 10(3)\nvaried by 221/2017 r 6(1), (2)\n15.1.2018\n\nsubstituted by 36/2022 r 3(2)\n1.7.2022\nr 10(4)\ninserted by 261/2020 r 4(2)\n27.8.2020\n\nsubstituted by 36/2022 r 3(2)\n1.7.2022\nr 10(5)—(7)\ninserted by 36/2022 r 3(2)\n1.7.2022\nr 11\nsubstituted by 221/2017 r 7\n15.1.2018\nr 12\nsubstituted by 221/2017 r 8\n15.1.2018\nrr 13 and 14\ninserted by 221/2017 r 8\n15.1.2018\nSch 1\n\n\nPt 2\nvaried by 221/2017 r 9(1)—(4)\n15.1.2018\nSch 2\nomitted under Legislation Revision and Publication Act 2002\n15.1.2018\nHistorical versions\n15.1.2018\n\n27.8.2020\n\n1.7.2021\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. No content was available to compare against any original intent."},"complexity_factors":["No legislative text was retrievable — the source URL returned a '404 Page Not Found' error","Complexity cannot be meaningfully assessed without access to the actual regulatory content","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"These regulations set the rules for blue crab fishing in South Australian waters — defining who may fish, how and when they may do so, and measures to limit catch and protect stock (for example size or breeder protections). \n\nThey matter to commercial and recreational fishers, seafood businesses and enforcement agencies because they shape legal access, sustainability and compliance for the fishery."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have broadened and become more prescriptive since earlier versions. Originally they constituted the Blue Crab Fishery and regulated access; subsequent amendments introduced or clarified: (a) links to the Marine Scalefish Fishery and transfer/surrender mechanics (reg 5 and reg 10 amendments), (b) an explicit unit‑value/quota conversion and pot entitlement calculation mechanism with Minister‑determined conversion values (reg 9), and (c) detailed period‑to‑period quota adjustment rules for under‑catch and over‑catch (reg 10, including 2020–2022 amendments introducing carry‑forward and stepped penalties). The result is a shift from simpler access rules toward an integrated individual quota and effort‑control system with substantial Ministerial discretion, more detailed compliance and recordkeeping requirements, and mechanisms enabling reallocation of units between licences."},"complexity_factors":["Multiple defined terms in regulation 3 (approx. 20+ core definitions including geographic coordinates and technical terms)","Cross‑references to the Fisheries Management Act 2007, the Corporations Act and other regulations (e.g. Fisheries Management (General) Regulations 2017)","Ministerial determinations with delegated rulemaking power and publication/notice requirements (reg 14)","Conditional and period‑linked logic in regulation 10: nested rules for under‑catch and over‑catch with percentage thresholds, exceptional‑circumstances carve‑outs, and exclusions (regs 10(2)(e)–(f), 10(3)–(5))","A conversion formula linking unit entitlements to pot entitlements that depends on a Minister‑determined conversion value (reg 9(2)–(3))","Transfer and registration procedures with documentary requirements (company extracts, returns) and multiple approval criteria (reg 6)","Schedule 1 listing multiple species across two parts (operational detail for permitted catch and bait)","Multiple penalty tiers and expiation fees tied to different contraventions (regs 11–13)","Amendment history and variable commencement dates noted in legislative history, which affect interpretation and application","Exclusions in reg 14 (determinations for regs 9 and 10 not covered), increasing interpretive complexity"],"plain_english_summary":"**What these regulations do (mechanics first)**\n\n- Constitute the “Blue Crab Fishery” and define its geographic limits: two zones called the Gulf St. Vincent Blue Crab Fishing Zone and the Spencer Gulf Blue Crab Fishing Zone (reg 4(1)–(2); reg 3 definitions).\n\n- Specify what may be taken in the fishery. Schedule 1 Part 1 lists crustaceans (including Blue Swimmer Crab) that are taken as the fishery target; Part 2 lists species that may be taken for bait or otherwise caught under the fishery (Sch 1 Pt 1–2; reg 4(2)).\n\n- Control who may hold a Blue Crab Fishery licence. Applications may only be made by people who hold (and in the process surrender) a Marine Scalefish Fishery licence that already has a blue crab quota condition; the Minister will only issue a Blue Crab Fishery licence where the applicant has surrendered that Marine Scalefish Fishery licence and has surrendered any linked Commonwealth or other entitlement tied to the same boat (reg 5(2)–(3)).\n\n- Allow licences to be transferred, subject to documentation, fees and Ministerial consent and suitability checks (including company extracts and ‘fit and proper’ checks for directors and individuals) (reg 6).\n\n- Require registration of boats, devices and masters for use under a licence, and allow the Minister to revoke such registrations on application (regs 7–8).\n\n- Create two linked entitlement systems that determine how much and how intensely a licence holder may fish:\n  - Blue crab pot entitlements set the maximum number of crab pots a licence holder may use (reg 9). The Minister determines a conversion value each quota period (reg 9(1)), and the pot entitlement is calculated by a formula that converts the licence’s unit entitlement into a number of pots using that conversion value (reg 9(2)–(3)). The Minister may also limit how many pots may be carried on a boat (reg 9(4)).\n  - An individual blue crab catch quota system fixes a licence’s quota entitlement in kilograms for each quota period. The Minister sets the kilogram value of a unit for each zone and quota period (reg 10(1)). Licence unit entitlements can be reallocated between licences by joint application and can be increased or decreased between quota periods according to rules for under‑catch and over‑catch (reg 10(2), (e)–(f)).\n\n- Require recordkeeping, reporting and handling standards for catch and disposal (weighing, tagging, transport, accompanying information) and periodic returns to the Department in the form, manner and timing determined by the Minister (regs 11–12). Failure to comply attracts fines and expiation fees specified in the regulations.\n\n- Require kept records be legible, accessible and produced to fisheries officers on request (reg 13).\n\n- Give the Minister power to make determinations (delegate details and operational requirements) for many of the regulation provisions; determinations must be published on the Department website and brought to the attention of persons bound by them (reg 14). (Note: determinations for regs 9 and 10 are excluded from reg 14.)\n\n\n**Who is affected**\n\n- Licence holders in the Blue Crab Fishery and the Marine Scalefish Fishery (prospective and current), their directors and registered masters (regs 5–8, 6(3)).\n- Companies seeking to hold or transfer licences (reg 6(2)(c)).\n- Boats and devices used under the licences (regs 7–9).\n- Buyers and handlers of blue crab (because of weighing, tagging and transport information requirements) (reg 11).\n- The Department and the Minister (administration, determinations, enforcement) (regs 11–14).\n\n\n**Why it matters (official rationale and the mechanics that produce effects)**\n\n- The instrument implements a regulated access and quota-based management system for the Blue Crab Fishery. Officially, that system is designed to control fishing effort (through pot entitlements and pot‑carriage limits — reg 9) and total catch (through individual quota entitlements and annual unit values — reg 10).\n\n- Mechanisms that matter economically and behaviourally:\n  - Tying pot entitlements to quota unit entitlements and a Minister‑determined conversion value links fishing effort (pots) to quota holdings (reg 9(2)–(3)).\n  - The quota rules let licence holders reallocate unit entitlements between licences by joint application (reg 10(2)(b)–(d)), enabling consolidation or redistribution of quota among holders.\n  - Built‑in adjustments between quota periods create incentives: under‑catch can increase next period entitlement up to a Minister‑set limit (default 10% unless exceptional circumstances are declared) (reg 10(2)(e)); over‑catch can reduce next period entitlement, with steeper penalties once the excess passes a threshold (reg 10(2)(f)).\n  - Recordkeeping, tagging and return requirements create administrative and compliance costs and provide the Department with data to monitor quota and effort compliance (regs 11–13).\n\n\n**Costs, incentives, trade‑offs, implementation risks and administrative burdens (practical testing of the instrument)**\n\n- Who pays: licence holders and operators pay the direct compliance costs (recordkeeping, returns, boat registration paperwork, possible surrender of prior entitlements) and bear the risk of future quota reductions if they overfish (regs 5–6, 10, 11–13).\n\n- Who decides: the Minister holds significant discretionary authority — to determine unit values and conversion values each quota period, to make determinations spelling out operational detail, to approve transfers and to set percentages/thresholds for quota adjustments (regs 9(1), 10(1), 14). This concentrates decision‑making in an executive office and makes outcomes dependent on periodic determinations.\n\n- Compliance burden and administration: detailed, Minister‑determined forms, timing and methods for reporting and returns (regs 11–12) increase administrative overhead for both operators and the Department. Penalties and expiation fees are prescribed (regs 11–13).\n\n- Market and operational incentives: the ability to transfer unit entitlements between licences (reg 10(2)(b)–(d)) creates a route for quota consolidation or active trading among operators. The under‑catch carry‑forward (up to limits) creates an incentive to under‑land in one period to increase the next period’s quota (reg 10(2)(e)), while over‑catch penalties discourage exceeding quotas (reg 10(2)(f)). The regulations restrict making some transfer applications in respect of units allocated as a result of under‑catch adjustments (reg 10(5)), limiting immediate re‑sale of carry‑forward units.\n\n- Risks and trade‑offs: the Minister’s broad discretion over conversion/unit values and other operational determinations (regs 9, 10, 14) may produce variability in entitlements from year to year, creating planning uncertainty for operators. The requirement to surrender corresponding Commonwealth entitlements or other permits before issuing a Blue Crab licence (reg 5(3)) can create transactional complexity and coordination costs for licence holders with multi‑jurisdictional entitlements.\n\n- Enforcement and data quality: mandatory weighing, tagging and returns (reg 11) improve traceability but require effective enforcement and auditing to work; failure to comply attracts set penalties (regs 11–13).\n\n\n**Concrete incentives and distributional notes (mechanisms, not judgements)**\n\n- Concentrated benefits are likely to accrue to holders of quota units and pot entitlements who can consolidate units through joint applications or transfers (reg 6, reg 10(2)(b)–(d)).\n- Diffuse costs are borne by licenceholders generally through compliance costs and potential reductions of future entitlements if over‑catch occurs (regs 10–13).\n- The regulations create opportunities for licence mobility (transferability) subject to Ministerial consent and suitability checks (reg 6), which may encourage market transactions in licences and units.\n\n\n**Key sections to look at for operational detail**\n- Definitions and geographical boundaries: reg 3 and the definitions of the fishing zones.\n- Licence issue and surrender requirements: reg 5.\n- Transfer, registration and revocation conditions: regs 6–8.\n- Pot entitlement calculation and carriage limits: reg 9.\n- Quota unit valuation, reallocation and period‑to‑period adjustments: reg 10.\n- Reporting, recordkeeping, handling and penalties: regs 11–13.\n- Ministerial determinations process and publication: reg 14.\n\n(References in parentheses are to the numbered regulations and Schedule 1 of the Fisheries Management (Blue Crab Fishery) Regulations 2013.)"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a dedicated regulatory framework for the Blue Crab Fishery. While there have been multiple amendments (2017, 2020, 2021, 2022) refining the quota management system, transfer mechanisms, and record-keeping requirements, these appear to be evolutionary improvements to the original fishery management structure rather than scope creep. The core purpose—regulating commercial blue crab fishing through licencing, quotas, and gear restrictions—remains consistent with the 2013 establishment of the fishery."},"complexity_factors":["18 defined terms in section 3, including complex nested definitions like 'blue crab quota entitlement' which itself incorporates 'unit entitlement' and 'unit value'","Mathematical formula in regulation 9(3) for calculating pot entitlements with rounding rules","Extensive cross-referencing between this fishery and the Marine Scalefish Fishery, including surrender requirements and quota transfer mechanisms","Regulation 10 contains 6 distinct scenarios for quota variations (transfers between licences, carry-over provisions for under-catch, penalty reductions for over-catch) with nested sub-paragraphs up to 4 levels deep (e.g., 10(2)(f)(i)(A))","Multiple temporal conditions ('quota period commencing on or after 1 July 2021' vs '2022') creating different rules for different years","Conditional logic requiring satisfaction of multiple criteria for licence transfers (fit and proper person tests, payment of fees, pending proceedings, Commonwealth licence surrender)","Geospatial definitions using precise coordinates (GDA94 datum) and technical tidal measurements (Mean High Water Springs)","Delegated legislative power allowing Minister to make determinations on key operational details (unit values, conversion values, record-keeping requirements) not contained in the regulations themselves"],"plain_english_summary":"This legislation sets up the rules for commercial fishing of Blue Swimmer Crabs in South Australia's Gulf St Vincent and Spencer Gulf. It creates a dedicated 'Blue Crab Fishery' with a limited number of licences that can only be obtained by existing fishers who already hold rights to catch blue crabs under the broader Marine Scalefish Fishery. The system works on a quota basis—each licence holder gets a specific weight allowance of crabs they can catch per year, plus a limit on how many crab pots they can use. The regulations cover how licences can be transferred to new owners, how boats and fishers must be registered, and strict record-keeping requirements including catch reports and how crabs must be handled, weighed and transported. There's also a 'use it or lose it' mechanism where fishers who don't catch their full quota can carry over a small portion to the next year, while those who exceed their quota face penalties in the following year's allowance. The Minister has broad powers to set specific rules through determinations, such as the exact value of quota units each year."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-blue-crab-fishery-regulations-2013","history":"/api/acts/fisheries-management-blue-crab-fishery-regulations-2013/history","analysis":"/api/acts/fisheries-management-blue-crab-fishery-regulations-2013/analysis","conflicts":"/api/acts/fisheries-management-blue-crab-fishery-regulations-2013/conflicts","importantCases":"/api/acts/fisheries-management-blue-crab-fishery-regulations-2013/important-cases","documents":"/api/acts/fisheries-management-blue-crab-fishery-regulations-2013/documents"}}