{"id":"fisheries-management-marine-scalefish-fishery-regulations-2017","name":"Fisheries Management (Marine Scalefish Fishery) Regulations 2017","slug":"fisheries-management-marine-scalefish-fishery-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235535,"registerId":"sa-fisheries-management-marine-scalefish-fishery-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1\tShort title\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"3\tInterpretation\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of fishery","content":"4\tConstitution of fishery\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Issue of licences","content":"5\tIssue of licences\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Transfer of licences","content":"6\tTransfer of licences\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Transfer of licences between family members","content":"7\tTransfer of licences between family members\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Transfer of licences under amalgamation scheme","content":"8\tTransfer of licences under amalgamation scheme\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Registration","content":"9\tRegistration\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Revocation of registration","content":"10\tRevocation of registration\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Restriction on fishing activities in which registered masters other than licence holder may be engaged","content":"11\tRestriction on fishing activities in which registered masters other than licence holder may be engaged\n","sortOrder":9},{"sectionNumber":"13","sectionType":"section","heading":"Carriage of crab nets on boats","content":"13\tCarriage of crab nets on boats\n","sortOrder":10},{"sectionNumber":"14","sectionType":"section","heading":"Individual King George whiting catch quota system","content":"14\tIndividual King George whiting catch quota system\n","sortOrder":11},{"sectionNumber":"15","sectionType":"section","heading":"Individual pipi catch quota system","content":"15\tIndividual pipi catch quota system\n","sortOrder":12},{"sectionNumber":"16","sectionType":"section","heading":"Individual blue crab catch quota system","content":"16\tIndividual blue crab catch quota system\n","sortOrder":13},{"sectionNumber":"17","sectionType":"section","heading":"Individual snapper catch quota system","content":"17\tIndividual snapper catch quota system\n","sortOrder":14},{"sectionNumber":"17A","sectionType":"section","heading":"Individual southern calamari catch quota system","content":"17A\tIndividual southern calamari catch quota system\n","sortOrder":15},{"sectionNumber":"17B","sectionType":"section","heading":"Individual southern garfish catch quota system","content":"17B\tIndividual southern garfish catch quota system\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Restrictions on taking certain species","content":"18\tRestrictions on taking certain species\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Restriction on use of cockle rakes","content":"19\tRestriction on use of cockle rakes\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Pipi to be landed within State","content":"20\tPipi to be landed within State\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Restriction on use of sand crab pots","content":"21\tRestriction on use of sand crab pots\n","sortOrder":20},{"sectionNumber":"24","sectionType":"section","heading":"Information to be provided—taking King George whiting","content":"24\tInformation to be provided—taking King George whiting\n","sortOrder":21},{"sectionNumber":"25","sectionType":"section","heading":"Information to be provided—taking pipi","content":"25\tInformation to be provided—taking pipi\n","sortOrder":22},{"sectionNumber":"25A","sectionType":"section","heading":"Information to be provided—taking snapper","content":"25A\tInformation to be provided—taking snapper\n","sortOrder":23},{"sectionNumber":"25B","sectionType":"section","heading":"Information to be provided—taking southern calamari","content":"25B\tInformation to be provided—taking southern calamari\n","sortOrder":24},{"sectionNumber":"25C","sectionType":"section","heading":"Information to be provided—taking southern garfish","content":"25C\tInformation to be provided—taking southern garfish\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Use of agents in fishing activities—licences under which boats are registered","content":"27\tUse of agents in fishing activities—licences under which boats are registered\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Use of agents in fishing activities—licences under which no registered boats are used","content":"28\tUse of agents in fishing activities—licences under which no registered boats are used\n","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Catch and disposal requirements—King George whiting","content":"29\tCatch and disposal requirements—King George whiting\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Catch and disposal requirements—pipi","content":"30\tCatch and disposal requirements—pipi\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Catch and disposal requirements—blue crab","content":"31\tCatch and disposal requirements—blue crab\n","sortOrder":30},{"sectionNumber":"32","sectionType":"section","heading":"Catch and disposal requirements—snapper","content":"32\tCatch and disposal requirements—snapper\n","sortOrder":31},{"sectionNumber":"32A","sectionType":"section","heading":"Catch and disposal requirements—southern calamari","content":"32A\tCatch and disposal requirements—southern calamari\n","sortOrder":32},{"sectionNumber":"32B","sectionType":"section","heading":"Catch and disposal requirements—southern garfish","content":"32B\tCatch and disposal requirements—southern garfish\n33\tKing George whiting, pipi, snapper, southern calamari and southern garfish to be delivered or consigned to registered fish processor\n","sortOrder":33},{"sectionNumber":"35","sectionType":"section","heading":"Periodic returns","content":"35\tPeriodic returns\n","sortOrder":34},{"sectionNumber":"36","sectionType":"section","heading":"Provision relating to keeping of records","content":"36\tProvision relating to keeping of records\n","sortOrder":35},{"sectionNumber":"37","sectionType":"section","heading":"Minister's determinations","content":"37\tMinister's determinations\nSchedule 1—Aquatic resources prescribed for Marine Scalefish Fishery\nPart 1—Aquatic resources prescribed for the purposes of regulation 4(2)(a)\nPart 2—Aquatic resources prescribed for the purposes of regulation 4(2)(b)\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Fisheries Management (Marine Scalefish Fishery) Regulations 2017.\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 Fishery has the same meaning as in the Fisheries Management (Blue Crab Fishery) Regulations 2013;\nblue crab fishing zone has the same meaning as in the Fisheries Management (Blue Crab Fishery) Regulations 2013;\ncockle means any mollusc of—\n\t(a)\tthe order Veneroida (other than Pipi (Donax spp) or Vongole (Katelysia spp)); or\n\t(b)\tthe genus Anadara;\ncockle rake has the same meaning as in the Fisheries Management (General) Regulations 2017;\ncrab net has the same meaning as in the Fisheries Management (General) Regulations 2017;\nDepartment means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Act;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nfishery means the Marine Scalefish Fishery constituted by these regulations;\nGulf St. Vincent and Kangaroo Island Fishing Zone means the waters of Gulf St. Vincent and surrounding waters contained within and bounded by a line commencing at Mean High Water Springs closest to 34°59'59.95\" South, 136°58'07.73\" East (Gleesons Landing, Yorke Peninsula), then beginning southerly following the line of Mean High Water Springs to the location closest to 35°38′26.13″ South, 138°07'28.73\" East (southern Fleurieu Peninsula), then southerly to Mean High Water Springs closest to 35°48'07.14\" South, 138°07'28.73\" East (Cape St. Albans, Kangaroo Island), then beginning south‑westerly following the line of Mean High Water Springs to the location closest to 35°59'59.95\" South, 136°41'04.52\" East (south‑western Kangaroo Island), then westerly to 35°59'59.95\" South, 136°00'00.03\" East, then northerly to 35°29'59.95\" South, 136°00'00.03\" East, then easterly to 35°29'59.95\" South, 136°40'12.03\" East, then northerly to 34°59'59.95\" South, 136°40'12.03\" East, then easterly to the point of commencement;\nGulf St. Vincent Blue Crab Fishing Zone has the same meaning as in the Fisheries Management (Blue Crab Fishery) Regulations 2013;\nKing George whiting means Syllaginodes punctatus;\nKing George whiting fishing zone means—\n\t(a)\tthe Gulf St. Vincent and Kangaroo Island Fishing Zone; or\n\t(b)\tthe Spencer Gulf Fishing Zone;\nLakes and Coorong has the same meaning as in the Fisheries Management (Lakes and Coorong Fishery) Regulations 2009;\nLakes and Coorong Fishery means the fishery of that name constituted by the Fisheries Management (Lakes and Coorong Fishery) Regulations 2009;\nMurray Mouth means the Coorong and coastal waters within 500 metres of 35°33′30.73″ South, 138°52′47.37″ East;\nNorthern Zone Rock Lobster Fishery means the fishery of that name constituted by the Fisheries Management (Rock Lobster Fisheries) Regulations 2017;\nocean jacket trap means a fish trap (within the meaning of the Fisheries Management (General) Regulations 2017) which may, under those regulations, be lawfully used to take Ocean Jacket (Nelusetta ayraudi);\npipi means Pipi (Donax spp);\npipi quota entitlement—see regulation 15;\nrock lobster fishery has the same meaning as in the Fisheries Management (Rock Lobster Fisheries) Regulations 2017;\nsand crab pot has the same meaning as in the Fisheries Management (General) Regulations 2017;\nsnapper means Chrysophrys auratus;\nsnapper fishing zone means—\n\t(a)\tthe Gulf St. Vincent and Kangaroo Island Fishing Zone; or\n\t(b)\tthe South East Fishing Zone; or\n\t(c)\tthe Spencer Gulf Fishing Zone; or\n\t(d)\tthe West Coast Fishing Zone;\nSouth East Fishing Zone means the waters adjacent to the south east coast of South Australia contained within and bounded by a line commencing at Mean High Water Springs closest to 35°38'26.13\" South, 138°07'28.73\" East (southern Fleurieu Peninsula), then beginning south‑easterly following the line of Mean High Water Springs to the location closest to 38°03'39.05\" South, 141°00'00.02\" East (South Australian‑Victorian border), but excluding the Murray Mouth, then southerly to 38°59'59.95\" South, 141°00'00.02\" East, then westerly to 38°59'59.95\" South, 140°00'00.02\" East, then northerly to 37°59'59.95\" South, 140°00'00.02\" East, then westerly to 37°59'59.95\" South, 136°00'00.03\" East, then northerly to 35°59'59.95\" South, 136°00'00.03\" East, then easterly to 35°59'59.95\" South, 136°41'04.52\" East (south‑western Kangaroo Island), then beginning south‑easterly following the line of Mean High Water Springs to the location closest to 35°48'07.14\" South, 138°07'28.73\" East (Cape St. Albans, Kangaroo Island), then northerly to the point of commencement;\nsouthern calamari means Sepioteuthis australis;\nsouthern calamari fishing zone means—\n\t(a)\tthe Gulf St. Vincent and Kangaroo Island Fishing Zone; or\n\t(b)\tthe Spencer Gulf Fishing Zone;\nsouthern garfish means Hyporhamphus melanochir;\nsouthern garfish fishing zone means—\n\t(a)\tthe Gulf St. Vincent and Kangaroo Island Fishing Zone; or\n\t(b)\tthe Spencer Gulf Fishing Zone;\nSouthern Zone Rock Lobster Fishery means the fishery of that name constituted by the Fisheries Management (Rock Lobster Fisheries) Regulations 2017;\nSpencer Gulf Blue Crab Fishing Zone has the same meaning as in the Fisheries Management (Blue Crab Fishery) Regulations 2013;\nSpencer Gulf Fishing Zone means the waters of Spencer Gulf and surrounding water contained within and bounded by a line commencing at Mean High Water Springs closest to 33°59'59.90\" South, 135°15'32.12\" East (western Eyre Peninsula), then beginning southerly following the line of Mean High Water Springs to the location closest to 34°59'59.95\" South, 136°58'07.73\" East (Gleesons Landing, Yorke Peninsula), then westerly to 34°59'59.95\" South, 136°40'12.03\" East, then southerly to 35°29'59.95\" South, 136°40'12.03\" East, then westerly to 35°29'59.95\" South, 136°00'00.03\" East, then southerly to 36°59'59.95\" South, 136°00'00.03\" East, then westerly to 36°59'59.95\" South, 135°00'00.03\" East, then northerly to 35°59'59.95\" South, 135°00'00.03\" East, then westerly to 35°59'59.95\" South, 134°00'00.03\" East, then northerly to 33°59'59.95\" South, 134°00'00.03\" East, then easterly to the point of commencement;\nspouse—a person is the spouse of another if they are legally married;\nvongole means any mollusc of the genus Katelysia;\nWest Coast Fishing Zone means the waters adjacent to the west coast of South Australia contained within and bounded by a line commencing at Mean High Water Springs closest to 31°41'16.13\" South, 129°00'00.03\" East (Western Australian‑South Australian border), then beginning southerly following the line of Mean High Water Springs to the location closest to 33°59'59.90\" South, 135°15'32.12\" East (western Eyre Peninsula), then westerly to 33°59'59.95\" South, 134°00'00.03\" East, then southerly to 34°59'59.95\" South, 134°00'00.03\" East, then westerly to 34°59'59.95\" South, 132°00'00.03\" East, then northerly to 33°59'59.95\" South, 132°00'00.03\" East, then westerly to 33°59'59.95\" South, 131°00'00.03\" East, then northerly to 32°59'59.95\" South, 131°00'00.03\" East, then westerly to 32°59'59.95\" South, 129°00'00.03\" East, then northerly to the point of commencement.\n\t(2)\tIn these regulations—\n\t(a)\tall lines in spatial descriptions are geodesics based on the Geocentric Datum of Australia 2020 (GDA2020) 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, and all coordinates are expressed in terms of GDA2020;\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 Marine Scalefish Fishery is constituted.\n\t(2)\tThe Marine Scalefish Fishery consists of—\n\t(a)\tthe taking of aquatic resources specified in Schedule 1 Part 1 in coastal waters; and\n\t(b)\tthe taking of aquatic resources specified in Schedule 1 Part 2 in coastal waters for the purpose of bait.\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—\n\t(a)\tby a person who is, immediately before the commencement of this regulation, the holder of a licence in respect of the Marine Scalefish Fishery; or\n\t(b)\tby a person—\n\t(i)\tto whom a licence in respect of the fishery was transferred under these regulations; and\n\t(ii)\twho makes the application on or before the expiration of that licence held by the person (or subsequent licence held by the person in substitution for that licence).\n6—Transfer of licences\n\t(1)\tIn this regulation—\nauthorised amalgamation scheme transfer means a transfer of a licence that is authorised under regulation 8;\nauthorised family transfer means a transfer of a licence that is authorised under regulation 7.\n\t(2)\tSubject to these regulations, licences in respect of the fishery are transferable.\n\t(4)\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 35 completed by the holder of the licence up to the date of application.\n\t(5)\tThe Minister may only consent to the transfer of a licence if satisfied as to the following:\n\t(a)\tthat the transfer—\n\t(i)\tis an authorised family transfer; or\n\t(ii)\tis an authorised amalgamation scheme transfer; or\n\t(iii)\toccurs in the course of the administration of a deceased estate under section 57(6) of the Act; or\n\t(iv)\toccurs as a result of the holder of the licence suffering from total and permanent incapacity; or\n\t(v)\toccurs as a result of a disqualification under Part 8 Division 4 of the Act;\n\t(c)\tthat any fees or other amounts payable in relation to the licence under the Act have been paid in full;\n\t(d)\tthat the licence to be transferred has not been suspended;\n\t(e)\tthat the transfer is to 1 person only;\n\t(f)\tthat no proceedings alleging an offence against the Act are pending or likely to be commenced in the State against the holder of the licence;\n\t(g)\tthat the transferee is a natural person of at least 15 years of age and is a fit and proper person to hold a licence in respect of the fishery.\n7—Transfer of licences between family members\nSubject to regulation 6, a licence in respect of the fishery may be transferred if the transferee is—\n\t(a)\tthe spouse or domestic partner of the licensee; or\n\t(b)\ta parent or grandparent of the licensee; or\n\t(c)\ta brother or sister, or half‑brother or half‑sister, of the licensee; or\n\t(d)\ta child or grandchild of the licensee; or\n\t(e)\ta child or grandchild of the spouse or domestic partner of the licensee.\n8—Transfer of licences under amalgamation scheme\n\t(1)\tIn this regulation—\naggregate fishing points value, in relation to 2 or more licences, means the sum of the fishing points values endorsed on the licences under this regulation;\naggregate gear entitlement, in relation to 2 or more licences, means the aggregate of the gear entitlements under the licences;\nlicence means a licence in respect of the fishery;\nline licence means a licence other than a net licence;\nnet means a fish net as defined in the Fisheries Management (General) Regulations 2017 but does not include a bait net as defined in those regulations;\nnet licence means a licence under which there is a gear entitlement that authorises the use of 1 or more nets (whether or not the entitlement authorises the use of other devices).\n\t(2)\tFor the purposes of this regulation, the fishing points value in respect of each net licence or line licence is the fishing points value endorsed on each licence immediately before the commencement of this regulation.\n\t(3)\tThe fishing points value endorsed on a licence may be varied only—\n\t(a)\tto reflect a change of the licence from a net licence to a line licence; or\n\t(b)\tas otherwise required under this regulation; or\n\t(c)\tin order to correct an error.\n\t(4)\tSubject to regulation 6, a licence may then be transferred as authorised under the following provisions:\n\t(a)\ta net licence in respect of the fishery may be transferred to the holder of another net licence in respect of the fishery;\n\t(b)\ta line licence in respect of the fishery may be transferred to the holder of another line licence in respect of the fishery;\n\t(d)\tif a transfer of a kind referred to in a preceding paragraph has effect, the transferee must surrender to the Minister 1 of the 2 licences then held by the transferee;\n\t(e)\tif 1 or more of the licences held by the transferee has recorded on it demerit points incurred under Part 8 Division 4 of the Act in respect of offences committed within the preceding period of 5 years, the licence or licences surrendered must be—\n\t(i)\tthe licence or licences without any such demerit points, or (as the case may require) the licence or licences with the greater number of such demerit points, recorded on the licence or licences; or\n\t(ii)\tif the same number of such demerit points is recorded on each licence—the licence or licences with demerit points recorded on it in respect of the most recently committed offence;\n\t(f)\tif 1 or more licences are to be surrendered but any fees or other amounts payable under the Act in respect of those licences have not been paid in full, the fees or amounts still owing must be paid on or before the surrender of those licences;\n\t(g)\ton the surrender of a licence and payment of any amount required to be paid under paragraph (f) in respect of the licence, the Minister must—\n\t(i)\treplace 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 or licences; and\n\t(ii)\tvary 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 or licences;\n\t(h)\twhen, as a result of the process referred to in paragraphs (a) to (g), the fishing points value endorsed on a licence under this regulation equals or exceeds 24, the licence may be transferred without complying with those paragraphs;\n\t(i)\tthe gear entitlement under the remaining licence held by the transferee is replaced with a gear entitlement that makes provision for the aggregate gear entitlement under that licence and the surrendered licence or licences.\n9—Registration\n\t(1)\tAn 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.\n\t(2)\tA person other than the holder of a licence in respect of the fishery (the licensee) cannot be registered as the master of a boat used under the licence unless—\n\t(a)\tthe licensee is already registered as the master of a boat used under another licence in respect of the fishery held by the licensee; or\n\t(b)\tthe licence is subject to a condition fixing a pipi quota entitlement; or\n\t(d)\tthe gear entitlement under the licence authorises the use of 1 or more of any of the following devices:\n\t(i)\tan ocean jacket trap;\n\t(ii)\ta sand crab pot.\n\t(3)\tIf the gear entitlement under a licence in respect of the fishery authorises the use of an ocean jacket trap, a person cannot be registered as the master of a boat used under the licence if the holder of the licence and 2 other persons are already registered as masters of that boat.\n10—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.\n11—Restriction on fishing activities in which registered masters other than licence holder may be engaged\nIf a person holds only 1 licence in respect of the fishery, a registered master other than the holder of the licence must not engage in fishing activities under the licence other than—\n\t(a)\tin the case of a licence subject to a condition fixing a pipi quota entitlement—the taking of pipi under the licence; or\n\t(b)\tin the case of a licence that authorises the use of ocean jacket traps or sand crab pots—fishing activities involving the use of those devices,\nunless the person is acting in place of the holder of the licence with the consent of the Minister under section 53 of the Act.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n13—Carriage of crab nets on boats\nThe Minister may impose conditions on licences in respect of the 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 engaged in under the licences.\n14—Individual King George whiting catch quota system\n\t(1)\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 King George whiting may be taken by the holder of the licence following the first quota period;\ninitial allocation, in relation to the allocation of King George whiting units to a licence in respect of the fishery and a particular King George whiting fishing zone, means the allocation of King George whiting units to the licence made in respect of that zone on or before the commencement of the quota period 2021‑2022;\nKing George whiting quota entitlement or quota entitlement, in relation to a licence in respect of the Marine Scalefish Fishery or a rock lobster fishery and a King George whiting fishing zone, means the maximum number of kilograms of King George whiting that may be lawfully 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 that licence in respect of that zone; and\n\t(b)\tthe unit value for that zone and quota period,\nsubject to any variation applying during that quota period;\nquota period—a quota period is a period of 12 months commencing on 1 July;\nquota period 2021‑2022 means the quota period commencing on 1 July 2021;\nunit entitlement, in relation to a licence in respect of the Marine Scalefish Fishery or a rock lobster fishery and a King George whiting fishing zone, means the number of King George whiting units for the time being allocated to the licence in respect of that zone;\nunit value means the number of kilograms of King George whiting determined by the Minister to be the value of a King George whiting unit for a King George whiting fishing zone and a quota period.\n\t(2)\tThe Minister must, by notice in the Gazette, on or before the commencement of the quota period 2021‑2022—\n\t(a)\tdetermine the total allowable commercial catch for that quota period for the Marine Scalefish Fishery, the Northern Zone Rock Lobster Fishery and the Southern Zone Rock Lobster Fishery and each King George whiting fishing zone; and\n\t(b)\tdetermine the number of kilograms of King George whiting that is to be the value of a King George whiting unit for each King George whiting fishing zone and that quota period; and\n\t(c)\tdetermine the methodology or formula by which King George whiting units are to be allocated to licences in respect of the fishery on which a condition fixing a King George whiting quota entitlement is to be imposed (which may, without limitation, provide for or include a scheme for the allocation of additional King George whiting units on the basis of exceptional circumstances that apply to the holder of a licence, as determined by the Minister).\n\t(3)\tThe Minister may vary or revoke a determination under subregulation (2) by further notice in the Gazette.\n\t(4)\tThe Minister must, on or before the commencement of each quota period commencing after the quota period 2021‑2022, determine the number of kilograms of King George whiting that is to be the value of a King George whiting unit for each King George whiting fishing zone and that quota period.\n\t(4a)\tThe Minister may, after the commencement of a quota period, vary a determination under subregulation (4) to increase the value of a King George whiting unit in relation to a particular King George whiting fishing zone.\n\t(5)\tThe Minister may impose or vary conditions on licences in respect of the Marine Scalefish Fishery or a rock lobster fishery fixing King George whiting quota entitlements as follows:\n\t(a)\ta condition may be imposed on a licence in respect of the Marine Scalefish Fishery fixing a King George whiting quota entitlement;\n\t(ab)\tthe Minister may vary the conditions of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a King George whiting quota entitlement in respect of a particular King George whiting fishing zone to increase the unit entitlement under the licence in respect of that zone if the Minister determines that—\n\t(i)\texceptional circumstances (as referred to in subregulation (2)(c)) apply (or applied) to the holder of the licence in respect of the initial allocation of King George whiting units under the licence; and\n\t(ii)\tthe additional units should be allocated to take account of (or further take account of) those circumstances;\n\t(ac)\tthe Minister may vary the conditions of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a King George whiting quota entitlement in respect of a particular King George whiting fishing zone to increase the unit entitlement under the licence in respect of that zone for a specified quota period (or periods) to take account of—\n\t(i)\tany additional units allocated to the licence by the Minister on the basis that exceptional circumstances apply (or applied) to the holder of the licence in respect of the initial allocation of King George whiting units under the licence; and\n\t(ii)\tthe fact that those additional units did not form part of the unit entitlement under the licence for the quota period 2021‑2022 and, if relevant, a subsequent quota period (or part of a subsequent quota period);\n\t(b)\ton joint application made to the Minister by the holders of any 2 licences in respect of the Marine Scalefish Fishery subject to a condition fixing a King George whiting quota entitlement in respect of the same King George whiting fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that King George whiting fishing zone and decrease the unit entitlement under the other licence in respect of that zone 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 Marine Scalefish Fishery subject to a condition fixing a King George whiting quota entitlement in respect of a particular King George whiting 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 King George whiting quota entitlement in respect of that 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\n\t(ii)\ta corresponding number of units may be allocated to the second licence and a condition fixing a King George whiting quota entitlement in respect of that zone may be imposed on that licence;\n\t(d)\ton joint application made to the Minister by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a King George whiting quota entitlement in respect of a particular King George whiting fishing zone (the first licence) and the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a King George whiting quota entitlement in respect of the same King George whiting fishing zone (the second licence)—\n\t(i)\tthe conditions of the first licence may be varied so as to increase the unit entitlement under the licence in respect of that zone; and\n\t(ii)\tthe 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(e)\ton joint application made to the Minister by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a King George whiting quota entitlement in respect of a particular King George whiting 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 King George whiting quota entitlement in respect of that 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\n\t(ii)\ta corresponding number of units may be allocated to the second licence and a condition fixing a King George whiting quota entitlement in respect of that zone may be imposed on that licence;\n\t(f)\tif the total catch of King George whiting taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a King George whiting quota entitlement in respect of a particular King George whiting 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 King George whiting 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 King George whiting quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) by 1 kilogram of King George whiting for each kilogram by which the catch fell short of the King George whiting 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(g)\tif the total catch of King George whiting taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a King George whiting quota entitlement in respect of a particular King George whiting fishing zone during a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the King George whiting 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 King George whiting 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 King George whiting for each kilogram taken in excess of the quota entitlement.\n\t(5a)\tFor the purposes of—\n\t(a)\tsubregulation (5)(f)(i) and (ii); and\n\t(b)\tsubregulation (5)(g)(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 (5)(f)(i) or (ii) must be disregarded.\n\t(5b)\tA variation of a quota entitlement under subregulation (5)(f) or (g) must be expressed to apply only for the quota period during which the variation is made.\n\t(5c)\tAn application under subregulation (5)(b) or (c) may not be made in respect of King George whiting units allocated to the licence under subregulation (5)(f).\n\t(6)\tIf a variation of a unit entitlement is to have effect only for the balance of the quota period during which the variation is made, the variation must be expressed to have such effect.\n\t(7)\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.\n15—Individual pipi catch quota system\n\t(1)\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 pipi may be taken by the holder of the licence following the first quota period;\npipi quota entitlement or quota entitlement, in relation to a licence in respect of the Marine Scalefish Fishery or the Lakes and Coorong Fishery subject to a condition fixing a pipi quota entitlement, means the maximum number of kilograms of pipi that may be lawfully taken by the holder of the licence during a quota period, being the product of—\n\t(a)\tthe unit entitlement under the licence; and\n\t(b)\tthe unit value for that quota period,\nsubject to any variation applying during that quota period;\nquota period—a quota period for the Marine Scalefish Fishery for the taking of pipi is a period of 12 months commencing on 1 July;\nquota period 2019‑2020 means the quota period that ended on 30 June 2020;\nquota period 2020‑2021 means the quota period ending on 30 June 2021;\nquota period 2021‑2022 means the quota period ending on 30 June 2022;\nunit entitlement under a licence means the number of pipi units allocated to the licence for the time being;\nunit value means the number of kilograms of pipi determined by the Minister to be the value of a pipi unit for a quota period.\n\t(2)\tThe Minister must determine the number of kilograms of pipi that is to be the value of a pipi unit for each quota period.\n\t(3)\tThe Minister may impose or vary conditions on licences in respect of the Marine Scalefish Fishery fixing pipi quota entitlements as follows:\n\t(a)\ton joint application made to the Minister by the holders of any 2 licences in respect of the Marine Scalefish Fishery subject to a condition fixing a pipi quota entitlement—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences and decrease the unit entitlement under the other licence by a corresponding number of units;\n\t(b)\ton joint application made to the Minister by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a pipi quota entitlement (the first licence) and the holder of a licence in respect of the Lakes and Coorong Fishery subject to such a condition (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 and the conditions of the second licence may be varied so as to increase the unit entitlement under that licence 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 and the conditions of the second licence may be varied so as to decrease the unit entitlement under that licence by a corresponding number of units;\n\t(ba)\tif the total catch of pipi taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a pipi quota entitlement during the quota period 2019‑2020 is less than the pipi quota entitlement under the licence for that quota period, the Minister may vary the conditions of the licence so as to increase the pipi quota entitlement for the quota periods 2020‑2021 and 2021‑2022 by up to 1 kilogram of pipi for each kilogram by which the catch fell short of the pipi quota entitlement for the quota period 2019‑2020;\n\t(c)\tif the total catch of pipi taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a pipi quota entitlement during a quota period (the first quota period) (being a quota period that commenced on or after 1 July 2021) is less than the pipi quota entitlement under the licence for that quota period, the Minister may vary the conditions of the licence so as to increase the pipi quota entitlement for the following quota period (the subsequent quota period) by 1 kilogram of pipi for each kilogram by which the catch fell short of the pipi 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(d)\tif the total catch of pipi taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a pipi quota entitlement during a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the pipi quota entitlement under the licence for that quota period, the conditions of the licence may be varied so as to decrease the quota entitlement 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 pipi 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 pipi for each kilogram taken in excess of the quota entitlement.\n\t(3a)\tIn determining whether to vary the conditions of a licence under subregulation (3)(ba) so as to increase the pipi quota entitlement under the licence for the quota period 2021‑2022, the Minister must take into account—\n\t(a)\tthe total catch of pipi taken by the holder of the licence during the quota period 2020‑2021; and\n\t(b)\tany increase in the pipi quota entitlement under the licence for the quota period 2020‑2021.\n\t(3b)\tFor the purposes of—\n\t(a)\tsubregulation (3)(c)(i) and (ii); and\n\t(b)\tsubregulation (3)(d)(i) and (ii),\nthe following must be disregarded:\n\t(c)\tany 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 made under subregulation (3)(ba); or\n\t(d)\tany 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 (3)(c)(i) or (ii).\n\t(3c)\tA variation of a quota entitlement under subregulation (3)(c) or (d) must be expressed to apply only for the quota period during which the variation is made.\n\t(3d)\tAn application under subregulation (3)(a) or (b)(i) may not be made in respect of pipi units allocated to the licence under subregulation (3)(c).\n\t(4)\tIf a variation of a unit entitlement is to have effect only for the balance of the quota period during which the variation is made, the variation must be expressed to have such effect.\n\t(5)\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.\n16—Individual blue crab catch quota system\n\t(1)\tIn this regulation—\nblue crab quota entitlement or quota entitlement, in relation to a licence in respect of the 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 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 that 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;\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;\nquota period—a quota period for the Marine Scalefish Fishery or the Blue Crab Fishery is a period of 12 months commencing on 1 July;\nunit entitlement, in relation to a licence in respect of the 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;\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)\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(3)\tThe Minister may impose or vary conditions on licences in respect of the Marine Scalefish Fishery or the Blue Crab Fishery fixing blue crab quota entitlements as follows:\n\t(a)\ton joint application made to the Minister by the holders of any 2 licences in respect of the Marine Scalefish Fishery subject to conditions fixing blue crab quota entitlements in relation to the same blue crab fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that zone and decrease the unit entitlement under the other licence in respect of that zone by a corresponding number of units;\n\t(b)\ton joint application made to the Minister by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a blue crab quota entitlement in relation to a particular blue crab fishing zone (the first licence) and the holder of another licence in respect of the Marine Scalefish Fishery, being a licence not subject to a condition fixing a blue crab quota entitlement (whether at all or in relation to that 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\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(c)\ton joint application made to the Minister by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a blue crab quota entitlement 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 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 (whether at all or in relation to 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\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 Marine Scalefish 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 Marine Scalefish 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(3a)\tFor the purposes of—\n\t(a)\tsubregulation (3)(e)(i) and (ii); and\n\t(b)\tsubregulation (3)(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 (3)(e)(i) or (ii) must be disregarded.\n\t(3b)\tA variation of a quota entitlement under subregulation (3)(e) or (f) must be expressed to apply only for the quota period during which the variation is made.\n\t(3c)\tAn application under subregulation (3)(a), (b) or (c)(i) may not be made in respect of blue crab units allocated to the licence under subregulation (3)(e).\n\t(4)\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(5)\tThe holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a blue crab quota entitlement must not, while the unit entitlement under the licence is less than—\n\t(a)\tin the case of a licence referred to in Schedule 4 of the Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 1991 as in force on 31 August 2006—19 blue crab units; or\n\t(b)\tin any other case—80 blue crab units,\ntake blue crab under the licence except in the waters of the State west of longitude 135°E.\nMaximum penalty: $5 000.\n17—Individual snapper catch quota system\n\t(1)\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 snapper may be taken by the holder of the licence following the first quota period;\ninitial allocation, in relation to the allocation of snapper units to a licence in respect of the fishery and a particular snapper fishing zone, means the allocation of snapper units to the licence made in respect of that zone on or before the commencement of the quota period 2021‑2022;\nquota period—a quota period is a period of 12 months commencing on 1 July;\nquota period 2021‑2022 means the quota period commencing on 1 July 2021;\nsnapper quota entitlement or quota entitlement, in relation to a licence in respect of the Marine Scalefish Fishery or a rock lobster fishery and a snapper fishing zone, means the maximum number of kilograms of snapper that may be lawfully 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 that licence in respect of that zone; and\n\t(b)\tthe unit value for that zone and quota period,\nsubject to any variation applying during that quota period;\nunit entitlement, in relation to a licence in respect of the Marine Scalefish Fishery or a rock lobster fishery and a snapper fishing zone, means the number of snapper units for the time being allocated to the licence in respect of that zone;\nunit value means the number of kilograms of snapper determined by the Minister to be the value of a snapper unit for a snapper fishing zone and a quota period.\n\t(2)\tThe Minister must, by notice in the Gazette, on or before the commencement of the quota period 2021‑2022—\n\t(a)\tdetermine the total allowable commercial catch for that quota period for the Marine Scalefish Fishery, the Northern Zone Rock Lobster Fishery and the Southern Zone Rock Lobster Fishery and each snapper fishing zone; and\n\t(b)\tdetermine the number of kilograms of snapper that is to be the value of a snapper unit for each snapper fishing zone and that quota period; and\n\t(c)\tdetermine the methodology or formula by which snapper units are to be allocated to licences in respect of the fishery on which a condition fixing a snapper quota entitlement is to be imposed (which may, without limitation, provide for or include a scheme for the allocation of additional snapper units on the basis of exceptional circumstances that apply to the holder of a licence, as determined by the Minister).\n\t(3)\tThe Minister may vary or revoke a determination under subregulation (2) by further notice in the Gazette.\n\t(4)\tThe Minister must, on or before the commencement of each quota period commencing after the quota period 2021‑2022, determine the number of kilograms of snapper that is to be the value of a snapper unit for each snapper fishing zone and that quota period.\n\t(4a)\tThe Minister may, after the commencement of a quota period, vary a determination under subregulation (4) to increase the value of a snapper unit in relation to a particular snapper fishing zone.\n\t(5)\tThe Minister may impose or vary conditions on licences in respect of the Marine Scalefish Fishery or a rock lobster fishery fixing snapper quota entitlements as follows:\n\t(a)\ta condition may be imposed on a licence in respect of the Marine Scalefish Fishery fixing a snapper quota entitlement;\n\t(ab)\tthe Minister may vary the conditions of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a snapper quota entitlement in respect of a particular snapper fishing zone to increase the unit entitlement under the licence in respect of that zone if the Minister determines that—\n\t(i)\texceptional circumstances (as referred to in subregulation (2)(c)) apply (or applied) to the holder of the licence in respect of the initial allocation of snapper units under the licence; and\n\t(ii)\tthe additional units should be allocated to take account of (or further take account of) those circumstances;\n\t(ac)\tthe Minister may vary the conditions of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a snapper quota entitlement in respect of a particular snapper fishing zone to increase the unit entitlement under the licence in respect of that zone for a specified quota period (or periods) to take account of—\n\t(i)\tany additional units allocated to the licence by the Minister on the basis that exceptional circumstances apply (or applied) to the holder of the licence in respect of the initial allocation of snapper units under the licence; and\n\t(ii)\tthe fact that those additional units did not form part of the unit entitlement under the licence for the quota period 2021‑2022 and, if relevant, a subsequent quota period (or part of a subsequent quota period);\n\t(b)\ton joint application made to the Minister by the holders of any 2 licences in respect of the Marine Scalefish Fishery subject to a condition fixing a snapper quota entitlement in respect of the same snapper fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that snapper fishing zone and decrease the unit entitlement under the other licence in respect of that zone 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 Marine Scalefish Fishery subject to a condition fixing a snapper quota entitlement in respect of a particular snapper 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 snapper quota entitlement in respect of that 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\n\t(ii)\ta corresponding number of units may be allocated to the second licence and a condition fixing a snapper quota entitlement in respect of that zone may be imposed on that licence;\n\t(d)\ton joint application made to the Minister by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a snapper quota entitlement in respect of a particular snapper fishing zone (the first licence) and the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a snapper quota entitlement in respect of the same snapper fishing zone (the second licence)—\n\t(i)\tthe conditions of the first licence may be varied so as to increase the unit entitlement under the licence in respect of that zone; and\n\t(ii)\tthe 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(e)\ton joint application made to the Minister by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a snapper quota entitlement in respect of a particular snapper 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 snapper quota entitlement in respect of that 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\n\t(ii)\ta corresponding number of units may be allocated to the second licence and a condition fixing a snapper quota entitlement in respect of that zone may be imposed on that licence;\n\t(f)\tif the total catch of snapper taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a snapper quota entitlement in respect of a particular snapper 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 snapper 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 snapper quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) by 1 kilogram of snapper for each kilogram by which the catch fell short of the snapper 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(g)\tif the total catch of snapper taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a snapper quota entitlement in respect of a particular snapper fishing zone during a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the snapper 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 snapper 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 snapper for each kilogram taken in excess of the quota entitlement.\n\t(5a)\tFor the purposes of—\n\t(a)\tsubregulation (5)(f)(i) and (ii); and\n\t(b)\tsubregulation (5)(g)(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 (5)(f)(i) or (ii) must be disregarded.\n\t(5b)\tA variation of a quota entitlement under subregulation (5)(f) or (g) must be expressed to apply only for the quota period during which the variation is made.\n\t(5c)\tAn application under subregulation (5)(b) or (c) may not be made in respect of snapper units allocated to the licence under subregulation (5)(f).\n\t(6)\tIf a variation of a unit entitlement is to have effect only for the balance of the quota period during which the variation is made, the variation must be expressed to have such effect.\n\t(7)\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.\n17A—Individual southern calamari catch quota system\n\t(1)\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 southern calamari may be taken by the holder of the licence following the first quota period;\ninitial allocation, in relation to the allocation of southern calamari units to a licence in respect of the fishery and a particular southern calamari fishing zone, means the allocation of southern calamari units to the licence made in respect of that zone on or before the commencement of the quota period 2021‑2022;\nquota period—a quota period is a period of 12 months commencing on 1 July;\nquota period 2021‑2022 means the quota period commencing on 1 July 2021;\nsouthern calamari quota entitlement or quota entitlement, in relation to a licence in respect of the Marine Scalefish Fishery or a rock lobster fishery and a southern calamari fishing zone, means the maximum number of kilograms of southern calamari that may be lawfully 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 that licence in respect of that zone; and\n\t(b)\tthe unit value for that zone and quota period,\nsubject to any variation applying during that quota period;\nunit entitlement, in relation to a licence in respect of the Marine Scalefish Fishery or a rock lobster fishery and a southern calamari fishing zone, means the number of southern calamari units for the time being allocated to the licence in respect of that zone;\nunit value means the number of kilograms of southern calamari determined by the Minister to be the value of a southern calamari unit for a southern calamari fishing zone and a quota period.\n\t(2)\tThe Minister must, by notice in the Gazette, on or before the commencement of the quota period 2021‑2022—\n\t(a)\tdetermine the total allowable commercial catch for that quota period for the Marine Scalefish Fishery, the Northern Zone Rock Lobster Fishery and the Southern Zone Rock Lobster Fishery and each southern calamari fishing zone; and\n\t(b)\tdetermine the number of kilograms of southern calamari that is to be the value of a southern calamari unit for each southern calamari fishing zone and that quota period; and\n\t(c)\tdetermine the methodology or formula by which southern calamari units are to be allocated to licences in respect of the fishery on which a condition fixing a southern calamari quota entitlement is to be imposed (which may, without limitation, provide for or include a scheme for the allocation of additional southern calamari units on the basis of exceptional circumstances that apply to the holder of a licence, as determined by the Minister).\n\t(3)\tThe Minister may vary or revoke a determination under subregulation (2) by further notice in the Gazette.\n\t(4)\tThe Minister must, on or before the commencement of each quota period commencing after the quota period 2021‑2022, determine the number of kilograms of southern calamari that is to be the value of a southern calamari unit for each southern calamari fishing zone and that quota period.\n\t(4a)\tThe Minister may, after the commencement of a quota period, vary a determination under subregulation (4) to increase the value of a southern calamari unit in relation to a particular southern calamari fishing zone.\n\t(5)\tThe Minister may impose or vary conditions on licences in respect of the Marine Scalefish Fishery or a rock lobster fishery fixing southern calamari quota entitlements as follows:\n\t(a)\ta condition may be imposed on a licence in respect of the Marine Scalefish Fishery fixing a southern calamari quota entitlement;\n\t(ab)\tthe Minister may vary the conditions of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern calamari quota entitlement in respect of a particular southern calamari fishing zone to increase the unit entitlement under the licence in respect of that zone if the Minister determines that—\n\t(i)\texceptional circumstances (as referred to in subregulation (2)(c)) apply (or applied) to the holder of the licence in respect of the initial allocation of southern calamari units under the licence; and\n\t(ii)\tthe additional units should be allocated to take account of (or further take account of) those circumstances;\n\t(ac)\tthe Minister may vary the conditions of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern calamari quota entitlement in respect of a particular southern calamari fishing zone to increase the unit entitlement under the licence in respect of that zone for a specified quota period (or periods) to take account of—\n\t(i)\tany additional units allocated to the licence by the Minister on the basis that exceptional circumstances apply (or applied) to the holder of the licence in respect of the initial allocation of southern calamari units under the licence; and\n\t(ii)\tthe fact that those additional units did not form part of the unit entitlement under the licence for the quota period 2021‑2022 and, if relevant, a subsequent quota period (or part of a subsequent quota period);\n\t(b)\ton joint application made to the Minister by the holders of any 2 licences in respect of the Marine Scalefish Fishery subject to a condition fixing a southern calamari quota entitlement in respect of the same southern calamari fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that southern calamari fishing zone and decrease the unit entitlement under the other licence in respect of that zone 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 Marine Scalefish Fishery subject to a condition fixing a southern calamari quota entitlement in respect of a particular southern calamari 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 southern calamari quota entitlement in respect of that 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\n\t(ii)\ta corresponding number of units may be allocated to the second licence and a condition fixing a southern calamari quota entitlement in respect of that zone may be imposed on that licence;\n\t(d)\ton joint application made to the Minister by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern calamari quota entitlement in respect of a particular southern calamari fishing zone (the first licence) and the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern calamari quota entitlement in respect of the same southern calamari fishing zone (the second licence)—\n\t(i)\tthe conditions of the first licence may be varied so as to increase the unit entitlement under the licence in respect of that zone; and\n\t(ii)\tthe 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(e)\ton joint application made to the Minister by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern calamari quota entitlement in respect of a particular southern calamari 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 southern calamari quota entitlement in respect of that 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\n\t(ii)\ta corresponding number of units may be allocated to the second licence and a condition fixing a southern calamari quota entitlement in respect of that zone may be imposed on that licence;\n\t(f)\tif the total catch of southern calamari taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern calamari quota entitlement in respect of a particular southern calamari 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 southern calamari 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 southern calamari quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) by 1 kilogram of southern calamari for each kilogram by which the catch fell short of the southern calamari 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(g)\tif the total catch of southern calamari taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern calamari quota entitlement in respect of a particular southern calamari fishing zone during a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the southern calamari 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 southern calamari 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 southern calamari for each kilogram taken in excess of the quota entitlement.\n\t(5a)\tFor the purposes of—\n\t(a)\tsubregulation (5)(f)(i) and (ii); and\n\t(b)\tsubregulation (5)(g)(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 (5)(f)(i) or (ii) must be disregarded.\n\t(5b)\tA variation of a quota entitlement under subregulation (5)(f) or (g) must be expressed to apply only for the quota period during which the variation is made.\n\t(5c)\tAn application under subregulation (5)(b) or (c) may not be made in respect of southern calamari units allocated to the licence under subregulation (5)(f).\n\t(6)\tIf a variation of a unit entitlement is to have effect only for the balance of the quota period during which the variation is made, the variation must be expressed to have such effect.\n\t(7)\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.\n17B—Individual southern garfish catch quota system\n\t(1)\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 southern garfish may be taken by the holder of the licence following the first quota period;\ninitial allocation, in relation to the allocation of southern garfish units to a licence in respect of the fishery and a particular southern garfish fishing zone, means the allocation of southern garfish units to the licence made in respect of that zone on or before the commencement of the quota period 2021‑2022;\nquota period—a quota period is a period of 12 months commencing on 1 July;\nquota period 2021‑2022 means the quota period commencing on 1 July 2021;\nsouthern garfish quota entitlement or quota entitlement, in relation to a licence in respect of the Marine Scalefish Fishery or a rock lobster fishery and a southern garfish fishing zone, means the maximum number of kilograms of southern garfish that may be lawfully 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 that licence in respect of that zone; and\n\t(b)\tthe unit value for that zone and quota period,\nsubject to any variation applying during that quota period;\nunit entitlement, in relation to a licence in respect of the Marine Scalefish Fishery or a rock lobster fishery and a southern garfish fishing zone, means the number of southern garfish units for the time being allocated to the licence in respect of that zone;\nunit value means the number of kilograms of southern garfish determined by the Minister to be the value of a southern garfish unit for a southern garfish fishing zone and a quota period.\n\t(2)\tThe Minister must, by notice in the Gazette, on or before the commencement of the quota period 2021‑2022—\n\t(a)\tdetermine the total allowable commercial catch for that quota period for the Marine Scalefish Fishery, the Northern Zone Rock Lobster Fishery and the Southern Zone Rock Lobster Fishery and each southern garfish fishing zone; and\n\t(b)\tdetermine the number of kilograms of southern garfish that is to be the value of a southern garfish unit for each southern garfish fishing zone and that quota period; and\n\t(c)\tdetermine the methodology or formula by which southern garfish units are to be allocated to licences in respect of the fishery on which a condition fixing a southern garfish quota entitlement is to be imposed (which may, without limitation, provide for or include a scheme for the allocation of additional southern garfish units on the basis of exceptional circumstances that apply to the holder of a licence, as determined by the Minister).\n\t(3)\tThe Minister may vary or revoke a determination under subregulation (2) by further notice in the Gazette.\n\t(4)\tThe Minister must, on or before the commencement of each quota period commencing after the quota period 2021‑2022, determine the number of kilograms of southern garfish that is to be the value of a southern garfish unit for each southern garfish fishing zone and that quota period.\n\t(4a)\tThe Minister may, after the commencement of a quota period, vary a determination under subregulation (4) to increase the value of a southern garfish unit in relation to a particular southern garfish fishing zone.\n\t(5)\tThe Minister may impose or vary conditions on licences in respect of the Marine Scalefish Fishery or a rock lobster fishery fixing southern garfish quota entitlements as follows:\n\t(a)\ta condition may be imposed on a licence in respect of the Marine Scalefish Fishery fixing a southern garfish quota entitlement;\n\t(ab)\tthe Minister may vary the conditions of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern garfish quota entitlement in respect of a particular southern garfish fishing zone to increase the unit entitlement under the licence in respect of that zone if the Minister determines that—\n\t(i)\texceptional circumstances (as referred to in subregulation (2)(c)) apply (or applied) to the holder of the licence in respect of the initial allocation of southern garfish units under the licence; and\n\t(ii)\tthe additional units should be allocated to take account of (or further take account of) those circumstances;\n\t(ac)\tthe Minister may vary the conditions of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern garfish quota entitlement in respect of a particular southern garfish fishing zone to increase the unit entitlement under the licence in respect of that zone for a specified quota period (or periods) to take account of—\n\t(i)\tany additional units allocated to the licence by the Minister on the basis that exceptional circumstances apply (or applied) to the holder of the licence in respect of the initial allocation of southern garfish units under the licence; and\n\t(ii)\tthe fact that those additional units did not form part of the unit entitlement under the licence for the quota period 2021‑2022 and, if relevant, a subsequent quota period (or part of a subsequent quota period);\n\t(b)\ton joint application made to the Minister by the holders of any 2 licences in respect of the Marine Scalefish Fishery subject to a condition fixing a southern garfish quota entitlement in respect of the same southern garfish fishing zone—the conditions of the licences may be varied so as to increase the unit entitlement under 1 of the licences in respect of that southern garfish fishing zone and decrease the unit entitlement under the other licence in respect of that zone 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 Marine Scalefish Fishery subject to a condition fixing a southern garfish quota entitlement in respect of a particular southern garfish 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 southern garfish quota entitlement in respect of that 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\n\t(ii)\ta corresponding number of units may be allocated to the second licence and a condition fixing a southern garfish quota entitlement in respect of that zone may be imposed on that licence;\n\t(d)\ton joint application made to the Minister by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern garfish quota entitlement in respect of a particular southern garfish fishing zone (the first licence) and the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern garfish quota entitlement in respect of the same southern garfish fishing zone (the second licence)—\n\t(i)\tthe conditions of the first licence may be varied so as to increase the unit entitlement under the licence in respect of that zone; and\n\t(ii)\tthe 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(e)\ton joint application made to the Minister by the holder of a licence in respect of a rock lobster fishery subject to a condition fixing a southern garfish quota entitlement in respect of a particular southern garfish 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 southern garfish quota entitlement in respect of that 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\n\t(ii)\ta corresponding number of units may be allocated to the second licence and a condition fixing a southern garfish quota entitlement in respect of that zone may be imposed on that licence;\n\t(f)\tif the total catch of southern garfish taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern garfish quota entitlement in respect of a particular southern garfish 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 southern garfish 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 southern garfish quota entitlement in respect of that fishing zone for the following quota period (the subsequent quota period) by 1 kilogram of southern garfish for each kilogram by which the catch fell short of the southern garfish 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(g)\tif the total catch of southern garfish taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern garfish quota entitlement in respect of a particular southern garfish fishing zone during a quota period (the first quota period) (being a quota period that commences on or after 1 July 2022) exceeded the southern garfish 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 southern garfish 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 southern garfish for each kilogram taken in excess of the quota entitlement.\n\t(5a)\tFor the purposes of—\n\t(a)\tsubregulation (5)(f)(i) and (ii); and\n\t(b)\tsubregulation (5)(g)(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 (5)(f)(i) or (ii) must be disregarded.\n\t(5b)\tA variation of a quota entitlement under subregulation (5)(f) or (g) must be expressed to apply only for the quota period during which the variation is made.\n\t(5c)\tAn application under subregulation (5)(b) or (c) may not be made in respect of southern garfish units allocated to the licence under subregulation (5)(f).\n\t(6)\tIf a variation of a unit entitlement is to have effect only for the balance of the quota period during which the variation is made, the variation must be expressed to have such effect.\n\t(7)\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.\n18—Restrictions on taking certain species\n\t(1)\tThe holder of a licence in respect of the fishery must not take vongole under the licence unless—\n\t(a)\tthe vongole are taken solely for the purpose of bait to be used to take aquatic resources under the licence; and\n\t(b)\tthe number of vongole taken for that purpose on any 1 day does not exceed the number fixed by condition of the licence as the maximum number of vongole that may be taken in any 1 day for that purpose.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tThe holder of a licence in respect of the fishery must not take pipi for a commercial purpose unless the licence is subject to a condition fixing a pipi quota entitlement.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tThe holder of a licence in respect of the fishery (other than a licence subject to a condition fixing a pipi quota entitlement) must not take pipi under the licence except for the purpose of bait to be used to take aquatic resources under the licence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(4)\tThe holder of a licence in respect of the fishery must not, on any 1 day, take a number of cockles under the licence exceeding the number fixed by condition of the licence as the maximum number of cockles that may be taken in any 1 day.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(5)\tThe holder of a licence in respect of the fishery must not take blue crab in a blue crab fishing zone for a commercial purpose unless the licence is subject to a condition fixing a blue crab quota entitlement in relation to that zone.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(6)\tThe holder of a licence in respect of the fishery must not take sardines under the licence unless—\n\t(a)\tthe sardines are taken solely for the purpose of bait to be used to take aquatic resources under the licence; and\n\t(b)\tthe number of sardines taken for that purpose on any 1 day does not exceed the number fixed by condition of the licence as the maximum number of sardines that may be taken in any 1 day for that purpose.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(7)\tThe holder of a licence in respect of the fishery must not take King George whiting in a King George whiting fishing zone for a commercial purpose unless the licence is subject to a condition fixing a King George whiting quota entitlement in relation to that zone.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(8)\tThe holder of a licence in respect of the fishery must not take snapper in a snapper fishing zone for a commercial purpose unless the licence is subject to a condition fixing a snapper quota entitlement in relation to that zone.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(9)\tThe holder of a licence in respect of the fishery must not take southern calamari in a southern calamari fishing zone for a commercial purpose unless the licence is subject to a condition fixing a southern calamari quota entitlement in relation to that zone.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(10)\tThe holder of a licence in respect of the fishery must not take southern garfish in a southern garfish fishing zone for a commercial purpose unless the licence is subject to a condition fixing a southern garfish quota entitlement in relation to that zone.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n19—Restriction on use of cockle rakes\nThe holder of a licence in respect of the fishery must not use, or cause, suffer or permit the use of, more than 6 cockle rakes at any 1 time for the purpose of taking pipi under the licence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n20—Pipi to be landed within State\nThe holder of a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement must ensure that all pipi taken under the licence are landed within the State.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n21—Restriction on use of sand crab pots\nThe holder of a licence in respect of the fishery must not take aquatic resources (other than sand crabs) in the waters of the Fishery using a sand crab pot.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n24—Information to be provided—taking King George whiting\n\t(1)\tIf fishing activities involving the taking of King George whiting under a licence in respect of the fishery subject to a condition fixing a King George whiting quota entitlement are, or are to be, engaged in, the Department must be notified, in the manner and form, and at such times, as determined by the Minister, of the information specified by the Minister in the determination.\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 is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n25—Information to be provided—taking pipi\n\t(1)\tIf fishing activities involving the taking of pipi under a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement are, or are to be, engaged in, the Department must be notified in the manner and form, and at such times, as determined by the Minister, of the information specified by the Minister in the determination.\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 is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n25A—Information to be provided—taking snapper\n\t(1)\tIf fishing activities involving the taking of snapper under a licence in respect of the fishery subject to a condition fixing a snapper quota entitlement are, or are to be, engaged in, the Department must be notified, in the manner and form, and at such times, as determined by the Minister, of the information specified by the Minister in the determination.\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 is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n25B—Information to be provided—taking southern calamari\n\t(1)\tIf fishing activities involving the taking of southern calamari under a licence in respect of the fishery subject to a condition fixing a southern calamari quota entitlement are, or are to be, engaged in, the Department must be notified, in the manner and form, and at such times, as determined by the Minister, of the information specified by the Minister in the determination.\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 is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n25C—Information to be provided—taking southern garfish\n\t(1)\tIf fishing activities involving the taking of southern garfish under a licence in respect of the fishery subject to a condition fixing a southern garfish quota entitlement are, or are to be, engaged in, the Department must be notified, in the manner and form, and at such times, as determined by the Minister, of the information specified by the Minister in the determination.\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 is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n27—Use of agents in fishing activities—licences under which boats are registered\n\t(1)\tThis regulation applies only in relation to licences under which 1 or more registered boats are used to take aquatic resources.\n\t(2)\tThe holder of a licence in respect of the fishery, or the registered master of a registered boat used under 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—\n\t(a)\tthe 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\n\t(b)\tthe 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.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tThe holder of a licence in respect of the fishery, or the registered master of a registered boat used under 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 (other than the taking of pipi under a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement in the Lakes and Coorong).\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(4)\tThe holder of a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement, or the registered master of a registered boat used under such a licence, must not cause or permit more than 8 persons to be engaged at the same time on the shore as agents of the holder of the licence in the taking of pipi under the licence in the Lakes and Coorong.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(5)\tThe Minister may impose conditions on a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement limiting the fishing activities that may be engaged in by agents of the holder of the licence in connection with the taking of pipi under the licence in the Lakes and Coorong.\n28—Use of agents in fishing activities—licences under which no registered boats are used\n\t(1)\tThis regulation applies only in relation to licences under which there are no registered boats.\n\t(2)\tThe holder of a licence in respect of the fishery that is subject to a condition fixing a pipi quota entitlement must not cause or permit a person to be engaged on the shore as an agent of the holder of the licence in the taking of pipi in the Lakes and Coorong unless—\n\t(a)\tthe holder of the licence or a nominated agent is at the same time also engaged on the shore in a fishing activity of a class that constitutes the fishery; and\n\t(b)\tthe holder of the licence or nominated agent (as the case may be) and the other person remain, while so engaged, within 700 metres of each other.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tThe holder of a licence in respect of the fishery 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 other than the taking of pipi under the licence in the Lakes and Coorong.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(4)\tThe holder of a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement must not cause or permit more than 8 persons (not including a nominated agent) to be engaged at the same time on the shore as agents of the holder of the licence in the taking of pipi under the licence in the Lakes and Coorong.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(5)\tThe Minister may impose conditions on a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement limiting the fishing activities that may be engaged in by agents of the holder of the licence in connection with the taking of pipi in the Lakes and Coorong.\n\t(6)\tThe Minister may, on application by the holder of a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement, approve a person as a nominated agent for the purposes of this regulation.\n\t(7)\tAn approval under subregulation (6) may be made subject to such conditions as the Minister thinks fit.\n\t(8)\tA person must not contravene, or fail to comply with, a condition of an approval under subregulation (6).\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(9)\tIn this regulation—\nnominated agent means a person approved by the Minister as a nominated agent under subregulation (6).\n29—Catch and disposal requirements—King George whiting\n\t(1)\tThe holder of a licence in respect of the fishery subject to a condition fixing a King George whiting quota entitlement or the registered master of a registered boat used under such a licence must comply with the following provisions in respect of King George whiting taken under the licence:\n\t(a)\tthe holder of the licence or the 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 King George whiting taken under the licence as determined by the Minister;\n\t(b)\tthe holder of the licence or the registered master must provide the 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 the registered master must ensure that King George whiting 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 are each guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n\t(3)\tThe holder of the 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.\n30—Catch and disposal requirements—pipi\n\t(1)\tThe holder of a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement or the registered master of a registered boat used under such a licence must comply with the following provisions in respect of pipi taken under the licence:\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 pipi taken under the licence as determined by the Minister;\n\t(b)\tthe holder of the licence or registered master must provide the 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 pipi 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.\nMaximum penalty: $5 000.\nExpiation fee: $500.\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 in respect of the fishery subject to a condition fixing a pipi quota entitlement 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.\n31—Catch and disposal requirements—blue crab\n\t(1)\tThe holder of a licence in respect of the fishery subject to a condition fixing a blue crab quota entitlement or the registered master of a 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 crab taken under the licence as determined by the Minister;\n\t(b)\tthe holder of the licence or registered master must provide the 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 in respect of the fishery subject to a condition fixing a blue crab quota entitlement 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.\n32—Catch and disposal requirements—snapper\n\t(1)\tThe holder of a licence in respect of the fishery subject to a condition fixing a snapper quota entitlement or the registered master of a registered boat used under such a licence must comply with the following provisions in respect of snapper taken under the licence:\n\t(a)\tthe holder of the licence or the 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 snapper taken under the licence as determined by the Minister;\n\t(b)\tthe holder of the licence or the registered master must provide the 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 the registered master must ensure that snapper 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 are each guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n\t(3)\tThe holder of the 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.\n32A—Catch and disposal requirements—southern calamari\n\t(1)\tThe holder of a licence in respect of the fishery subject to a condition fixing a southern calamari quota entitlement or the registered master of a registered boat used under such a licence must comply with the following provisions in respect of southern calamari taken under the licence:\n\t(a)\tthe holder of the licence or the 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 southern calamari taken under the licence as determined by the Minister;\n\t(b)\tthe holder of the licence or the registered master must provide the 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 the registered master must ensure that southern calamari 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 are each guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n\t(3)\tThe holder of the 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.\n32B—Catch and disposal requirements—southern garfish\n\t(1)\tThe holder of a licence in respect of the fishery subject to a condition fixing a southern garfish quota entitlement or the registered master of a registered boat used under such a licence must comply with the following provisions in respect of southern garfish taken under the licence:\n\t(a)\tthe holder of the licence or the 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 southern garfish taken under the licence as determined by the Minister;\n\t(b)\tthe holder of the licence or the registered master must provide the 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 the registered master must ensure that southern garfish 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 are each guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $500.\n\t(3)\tThe holder of the 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.\n33—King George whiting, pipi, snapper, southern calamari and southern garfish to be delivered or consigned to registered fish processor\n\t(1)\tThe holder of a licence in respect of the fishery subject to a condition fixing a King George whiting quota entitlement must ensure that all King George whiting taken under the licence are delivered or consigned to a registered fish processor.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tThe holder of a licence in respect of the fishery subject to a condition fixing a pipi quota entitlement must ensure that all pipi taken under the licence are delivered or consigned to a registered fish processor.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tThe holder of a licence in respect of the fishery subject to a condition fixing a snapper quota entitlement must ensure that all snapper taken under the licence are delivered or consigned to a registered fish processor.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(4)\tThe holder of a licence in respect of the fishery subject to a condition fixing a southern calamari quota entitlement must ensure that all southern calamari taken under the licence are delivered or consigned to a registered fish processor.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(5)\tThe holder of a licence in respect of the fishery subject to a condition fixing a southern garfish quota entitlement must ensure that all southern garfish taken under the licence are delivered or consigned to a registered fish processor.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n35—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 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.\n36—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.\n37—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 they are expressed to apply.\n\t(3)\tIf the Minister makes a determination, 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 made for the purposes of a regulation.\n\t(6)\tThis regulation does not apply in relation to a determination made for the purposes of regulation 14, 15, 16, 17, 17A or 17B.\n","sortOrder":36},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Aquatic resources prescribed for Marine Scalefish Fishery","content":"Schedule 1—Aquatic resources prescribed for Marine Scalefish Fishery\n","sortOrder":37},{"sectionNumber":"Part 1","sectionType":"part","heading":"Aquatic resources prescribed for the purposes of regulation 4(2)(a)","content":"Part 1—Aquatic resources prescribed for the purposes of regulation 4(2)(a)\n\nAnguilliformes\nConger Eel (Family Congridae)\nAnnelids\nBeachworm (Class Polychaeta)\nBloodworm (Class Polychaeta)\nTubeworm (Class Polychaeta)\nCrustaceans\nBlue Crab (Portunus armatus)\nRock Crab (Nectocarcinus integrifons)\nSand Crab (Ovalipes spp)\nSpider Crab (Family Majidae)\nVelvet Crab (Nectocarcinus tuberculosus)\nMolluscs\nSouthern Calamari (Sepioteuthis australis)\nCockle\nCuttlefish (Sepia spp)\nMussel (Mytilus spp)\nOctopus (Octopus spp)\nOyster (Family Ostreidae)\nPipi (Donax spp)\nScallop (Family Pectinidae)\nGould's Squid (Notodarus gouldi)\nScalefish\nBarracouta (Thyrsites atun)\nBlack Bream (Acanthopagrus butcheri)\nCod of all marine species (Family Moridae)\nDory (Family Zeidae)\nFlathead (Family Platycephalidae)\nFlounder (Family Bothidae or Pleuronectidae)\nSouthern Garfish (Hyporhamphus melanochir)\nBluespotted Goatfish (Upeneichthys vlamingii)\nAustralian Herring (Arripis georgianus)\nYellowtail Kingfish (Seriola lalandi)\nKnifejaw (Oplegnathus woodwardi)\nLeatherjacket (Family Monacanthidae)\nPink Ling (Genypterus blacodes)\nBlue Mackerel (Scomber australasicus)\nCommon Jack Mackerel (Trachurus declivis)\nMorwong (Family Cheilodactylidae)\nMullet of all species (Family Mugilidae)\nMulloway (Argyrosomus japonicus)\nRedfish (Centroberyx affinis)\nBight Redfish (Centroberyx gerrardi)\nWest Australian Salmon (Arripis truttaceus)\nSergeant Baker (Latropiscis purpurissatus)\nSnapper (Chrysophrys auratus)\nSnook (Sphyraena novaehollandiae)\nSouthern Sole (Aseraggodes haackeanus)\nSea Sweep (Scorpis aequipinnis)\nSilver Drummer (Kyphosus sydneyanus)\nSwallowtail (Centroberyx lineatus)\nBlue‑eye Trevalla (Hyperoglyphe antarctica)\nTrevally (Carangidae spp)\nWestern Striped Grunter (Pelates octolineatus)\nWhiting (Family Sillaginidae)\nBlue Weed‑Whiting (Haletta semifasciata)\nWrasse (Family 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)\n","sortOrder":38},{"sectionNumber":"Part 2","sectionType":"part","heading":"Aquatic resources prescribed for the purposes of regulation 4(2)(b)","content":"Part 2—Aquatic resources prescribed for the purposes of regulation 4(2)(b)\n\nMolluscs\nRazorfish (Pinna bicolor)\nVongole\nScalefish\nAustralian Anchovy (Engraulis australis)\nMaray (Etrumeus teres)\nAustralian Sardine (Sardinops sagax)\nBlue Sprat (Spratelloides robustus)\nSandy Sprat (Hyperlophus vittatus)\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.\nFormerly\nFisheries Management (Marine Scalefish Fisheries) Regulations 2017\nLegislation revoked by principal regulations\nThe Fisheries Management (Marine Scalefish Fishery) Regulations 2017 revoked the following:\nFisheries Management (Marine Scalefish Fisheries) Regulations 2006\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2017\n228\nGazette 8.8.2017 p3386 \n15.1.2018: r 2\n2020\n260\nGazette 27.8.2020 p4405\n27.8.2020: r 2\n2020\n321\nGazette 17.12.2020 p5784\n17.12.2020: r 2\n2021\n87\nGazette 24.6.2021 p2285\n1.7.2021: r 2\n2021\n104\nGazette 1.7.2021 p2608\n1.7.2021 immediately after 87/2021: r 2\n2022\n51\nGazette 30.6.2022 p1994\n1.7.2022: r 2\n2024\n120\nGazette 12.12.2024 p4652\n1.1.2025: 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 1\nvaried by 87/2021 r 4\n1.7.2021\nr 2\nomitted under Legislation Revision and Publication Act 2002\n27.8.2020\nr 3\n\n\nr 3(1)\n\n\nCoffin Bay vongole fishing zone\ndeleted by 87/2021 r 5(1)\n1.7.2021\nfishery\ninserted by 87/2021 r 5(2)\n1.7.2021\nGulf St. Vincent and Kangaroo Island Fishing Zone\ninserted by 87/2021 r 5(2)\n1.7.2021\nKing George whiting\ninserted by 87/2021 r 5(3)\n1.7.2021\nKing George whiting fishing zone\ninserted by 87/2021 r 5(3)\n1.7.2021\nmarine scalefish fishery\ndeleted by 87/2021 r 5(4)\n1.7.2021\nMSSF licence\ndeleted by 87/2021 r 5(4)\n1.7.2021\nMurray Mouth\ninserted by 87/2021 r 5(4)\n1.7.2021\nPort River vongole fishing zone\ndeleted by 87/2021 r 5(5)\n1.7.2021\nrock lobster fishery\ninserted by 87/2021 r 5(5)\n1.7.2021\nsardine\ndeleted by 87/2021 r 5(6)\n1.7.2021\nsardine net\ndeleted by 87/2021 r 5(6)\n1.7.2021\nsardine quota entitlement\ndeleted by 87/2021 r 5(6)\n1.7.2021\nsnapper\ninserted by 87/2021 r 5(6)\n1.7.2021\nsnapper fishing zone\ninserted by 87/2021 r 5(6)\n1.7.2021\nSouth East fishing zone\ninserted by 87/2021 r 5(6)\n1.7.2021\nsouthern calamari\ninserted by 87/2021 r 5(6)\n1.7.2021\nsouthern calamari fishing zone\ninserted by 87/2021 r 5(6)\n1.7.2021\nsouthern garfish\ninserted by 87/2021 r 5(6)\n1.7.2021\nsouthern garfish fishing zone\ninserted by 87/2021 r 5(6)\n1.7.2021\nSouthern Zone Rock Lobster Fishery\ninserted by 87/2021 r 5(6)\n1.7.2021\nSpencer Gulf Fishing Zone\ninserted by 87/2021 r 5(7)\n1.7.2021\nvongole fishing zone\ndeleted by 87/2021 r 5(8)\n1.7.2021\nvongole quota entitlement\ndeleted by 87/2021 r 5(8)\n1.7.2021\nWest Coast vongole fishing zone\ndeleted by 87/2021 r 5(8)\n1.7.2021\nWest Coast Fishing Zone\ninserted by 87/2021 r 5(8)\n1.7.2021\nr 3\n\n\nr 3(2)\nvaried by 87/2021 r 5(9)\n1.7.2021\nrr 4 and 5\nsubstituted by 87/2021 r 6\n1.7.2021\nr 6\n\n\nr 6(2)\nvaried by 87/2021 r 7(1)\n1.7.2021\nr 6(3)\ndeleted by 87/2021 r 7(2)\n1.7.2021\nr 6(5)\n(b) deleted by 87/2021 r 7(3)\n1.7.2021\n\nvaried by 87/2021 r 7(4)\n1.7.2021\nr 7\nvaried by 87/2021 r 8\n1.7.2021\nr 8\n\n\nr 8(1)\n\n\nlicence\nvaried by 87/2021 r 9(1)\n1.7.2021\nr 8(4)\n(c) deleted by 87/2021 r 9(2)\n1.7.2021\n\nvaried by 87/2021 r 9(2), (3)\n1.7.2021\nr 9\n\n\nr 9(1)\nvaried by 87/2021 r 10(1)\n1.7.2021\nr 9(2)\nvaried by 87/2021 r 10(1)\n1.7.2021\n\n(c) deleted by 87/2021 r 10(2)\n1.7.2021\n\n(d)(iii) deleted by 87/2021 r 10(3)\n1.7.2021\nr 9(3)\nvaried by 87/2021 r 10(1)\n1.7.2021\nr 10\n\n\nr 10(1)\nvaried by 87/2021 r 11\n1.7.2021\nr 11\nvaried by 87/2021 r 12(1), (3)\n1.7.2021\n\n(b) deleted by 87/2021 r 12(2)\n1.7.2021\n\nsubstituted by 51/2022 r 3\n1.7.2022\nr 12\ndeleted by 87/2021 r 13\n1.7.2021\nr 13\nvaried by 87/2021 r 14\n1.7.2021\nr 14 before substitution by 87/2021\n\n\nr 14(1)\n\n\nquota period 2019-2020\ninserted by 260/2020 r 4(1)\n27.8.2020\nquota period 2020-2021\ninserted by 260/2020 r 4(1)\n27.8.2020\nquota period 2021-2022\ninserted by 260/2020 r 4(1)\n27.8.2020\nr 14(3)\nvaried by 260/2020 r 4(2)\n27.8.2020\nr 14(3a)\ninserted by 260/2020 r 4(3)\n27.8.2020\nr 14\nsubstituted by 87/2021 r 15\n1.7.2021\nr 14(1)\n\n\nfollowing quota period\ninserted by 51/2022 r 4(1)\n1.7.2022\ninitial allocation\ninserted by 51/2022 r 4(1)\n1.7.2022\nr 14(4a)\ninserted by 51/2022 r 4(2)\n1.7.2022\nr 14(5)\namended by 51/2022 r 4(3), (4)\n1.7.2022\nr 14(5a)—(5c)\ninserted by 51/2022 r 4(5)\n1.7.2022\nr 15\n\n\nr 15(1)\n\n\nfollowing quota period\ninserted by 51/2022 r 5(1)\n1.7.2022\nquota period 2019-2020\ninserted by 260/2020 r 5(1)\n27.8.2020\nquota period 2020-2021\ninserted by 260/2020 r 5(1)\n27.8.2020\nquota period 2021-2022\ninserted by 260/2020 r 5(1)\n27.8.2020\nr 15(3)\nvaried by 260/2020 r 5(2)\n27.8.2020\n\namended by 51/2022 r 5(2)\n1.7.2022\nr 15(3a)\ninserted by 260/2020 r 5(3)\n27.8.2020\nr 15(3b)—(3d)\ninserted by 51/2022 r 5(3)\n1.7.2022\nr 16\n\n\nr 16(1)\n\n\nblue crab quota entitlement or quota entitlement\nvaried by 87/2021 r 16\n1.7.2021\nfollowing quota period\ninserted by 51/2022 r 6(1)\n1.7.2022\nquota period\nvaried by 87/2021 r 16\n1.7.2021\nquota period 2019-2020\ninserted by 260/2020 r 6(1)\n27.8.2020\n\ndeleted by 51/2022 r 6(2)\n1.7.2022\nquota period 2020-2021\ninserted by 260/2020 r 6(1)\n27.8.2020\n\ndeleted by 51/2022 r 6(2)\n1.7.2022\nunit entitlement\nvaried by 87/2021 r 16\n1.7.2021\nr 16(3)\nvaried by 260/2020 r 6(2)\n27.8.2020\n\nvaried by 87/2021 r 16\n1.7.2021\n\n(da), (g) deleted by 51/2022 r 6(3)\n1.7.2022\n\namended by 51/2022 r 6(3)\n1.7.2022\nr 16(3a)—(3c)\ninserted by 51/2022 r 6(4)\n1.7.2022\nr 16(5)\nvaried by 87/2021 r 16\n1.7.2021\nr 17 before substitution by 87/2021\n\n\nr 17(2)\n\n\nquota period 2020\ninserted by 321/2020 r 4(1)\n17.12.2020\nquota period 2021\ninserted by 321/2020 r 4(1)\n17.12.2020\nr 17(4)\n(a) deleted by 321/2020 r 4(2)\n17.12.2020\n\nvaried by 321/2020 r 4(3), (4)\n17.12.2020\nr 17\nsubstituted by 87/2021 r 17\n1.7.2021\nr 17(1)\n\n\nfollowing quota period\ninserted by 51/2022 r 7(1)\n1.7.2022\ninitial allocation\ninserted by 51/2022 r 7(1)\n1.7.2022\nr 17(4a)\ninserted by 51/2022 r 7(2)\n1.7.2022\nr 17(5)\namended by 51/2022 r 7(3), (4)\n1.7.2022\nr 17(5a)—(5c)\ninserted by 51/2022 r 7(5)\n1.7.2022\nr 17A\ninserted by 87/2021 r 17\n1.7.2021\nr 17A(1)\n\n\nfollowing quota period\ninserted by 51/2022 r 8(1)\n1.7.2022\ninitial allocation\ninserted by 51/2022 r 8(1)\n1.7.2022\nr 17A(4a)\ninserted by 51/2022 r 8(2)\n1.7.2022\nr 17A(5)\namended by 51/2022 r 8(3), (4)\n1.7.2022\nr 17A(5a)—(5c)\ninserted by 51/2022 r 8(5)\n1.7.2022\nr 17B\ninserted by 87/2021 r 17\n1.7.2021\nr 17B(1)\n\n\nfollowing quota period\ninserted by 51/2022 r 9(1)\n1.7.2022\ninitial allocation\ninserted by 51/2022 r 9(1)\n1.7.2022\nr 17B(4a)\ninserted by 51/2022 r 9(2)\n1.7.2022\nr 17B(5)\namended by 51/2022 r 9(3), (4)\n1.7.2022\nr 17B(5a)—(5c)\ninserted by 51/2022 r 9(5)\n1.7.2022\nr 18\n\n\nr 18(1)\nsubstituted by 87/2021 r 18(2)\n1.7.2021\nr 18(2)—(5)\nvaried by 87/2021 r 18(1)\n1.7.2021\nr 18(6)\nsubstituted by 87/2021 r 18(3)\n1.7.2021\nr 18(7)—(10)\ninserted by 87/2021 r 18(3)\n1.7.2021\nr 19\nvaried by 87/2021 r 19\n1.7.2021\nr 20\nvaried by 87/2021 r 20\n1.7.2021\nr 21\nvaried by 87/2021 r 21\n1.7.2021\nr 22 before deletion by 120/2024\n\n\nr 22(1)\nvaried by 87/2021 r 22\n1.7.2021\nr 22\ndeleted by 120/2024 r 3\n1.1.2025\nr 23\ndeleted by 87/2021 r 23\n1.7.2021\nr 24\n\n\nr 24(1)\nsubstituted by 87/2021 r 24\n1.7.2021\nr 25\n\n\nr 25(1)\nvaried by 87/2021 r 25\n1.7.2021\nrr 25A—25C\ninserted by 87/2021 r 26\n1.7.2021\nr 26\ndeleted by 87/2021 r 27\n1.7.2021\nr 27\n\n\nr 27(2)\nvaried by 87/2021 r 28(1)\n1.7.2021\nr 27(3)—(5)\nvaried by 87/2021 r 28(2)\n1.7.2021\nr 27(6)\ndeleted by 87/2021 r 28(3)\n1.7.2021\nr 28\n\n\nr 28(2)\nvaried by 87/2021 r 29(1)—(3)\n1.7.2021\nr 28(3), (4)\nvaried by 87/2021 r 29(1)\n1.7.2021\nr 28(5)\nvaried by 87/2021 r 29(1), (4)\n1.7.2021\nr 28(6)\nvaried by 87/2021 r 29(1)\n1.7.2021\nr 28(9)\n\n\nrelevant fishing activity\ndeleted by 87/2021 r 29(5\n1.7.2021\nrelevant quota entitlement\ndeleted by 87/2021 r 29(5\n1.7.2021\nr 29\nsubstituted by 87/2021 r 30\n1.7.2021\nr 30\n\n\nr 30(1), (3)\nvaried by 87/2021 r 31\n1.7.2021\nr 31\n\n\nr 31(1), (3)\nvaried by 87/2021 r 32\n1.7.2021\nr 32\nsubstituted by 87/2021 r 33\n1.7.2021\nrr 32A and 32B\ninserted by 87/2021 r 33\n1.7.2021\nr 33\nsubstituted by 87/2021 r 34\n1.7.2021\nr 34\ndeleted by 87/2021 r 35\n1.7.2021\nr 35\n\n\nr 35(1)\nvaried by 87/2021 r 36\n1.7.2021\nr 37\n\n\nr 37(6)\nvaried by 87/2021 r 37\n1.7.2021\nSch 1\n\n\nPt 1\n\n\nheading\ninserted by 87/2021 r 38(1)\n1.7.2021\ntable\nvaried by 87/2021 r 38(2)—(8)\n1.7.2021\n\nvaried by 104/2021 r 4(1)—(7)\n1.7.2021\nPt 2\ninserted by 87/2021 r 38(9)\n1.7.2021\nSch 2 before deletion by 87/2021\n\n\ncl 1\nomitted under Legislation Revision and Publication Act 2002\n27.8.2020\nSch 2\ndeleted by 87/2021 r 39\n1.7.2021\nTransitional etc provisions associated with regulations or variations\nFisheries Management (Marine Scalefish Fishery) (Quota) Amendment Regulations 2022, Sch 1—Transitional provisions etc\n1—Interpretation\nIn this Schedule—\nprincipal regulations means the Fisheries Management (Marine Scalefish Fishery) Regulations 2017;\nrelevant day means 1 July 2022.\n2—Transitional provisions etc\n\t(1)\tIf the total catch of King George whiting taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a King George whiting quota entitlement during the quota period that commenced on 1 July 2021 exceeded the quota entitlement under the licence for that quota period, then despite the deletion of regulation 14(5)(f) of the principal regulations by regulation 4(4) of these regulations, regulation 14(5)(f), as in force immediately before the relevant day, continues to apply to the licence such that the Minister may vary the conditions of the licence, in accordance with that regulation, in relation to the quota period commencing on 1 July 2022.\n\t(2)\tIf the total catch of pipi taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a pipi quota entitlement during the quota period that commenced on 1 July 2021 exceeded the quota entitlement under the licence for that quota period, then despite the deletion of regulation 15(3)(c) of the principal regulations by regulation 5(2) of these regulations, regulation 15(3)(c), as in force immediately before the relevant day, continues to apply to the licence such that the Minister may vary the conditions of the licence, in accordance with that regulation, in relation to the quota period commencing on 1 July 2022.\n\t(3)\tIf the total catch of blue crab taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a blue crab quota entitlement during the quota period that commenced on 1 July 2021 exceeded the quota entitlement under the licence for that quota period, then despite the deletion of regulation 16(3)(e) of the principal regulations by regulation 6(3) of these regulations, regulation 16(3)(e), as in force immediately before the relevant day, continues to apply to the licence such that the Minister may vary the conditions of the licence, in accordance with that regulation, in relation to the quota period commencing on 1 July 2022.\n\t(4)\tIf the total catch of snapper taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a snapper quota entitlement during the quota period that commenced on 1 July 2021 exceeded the quota entitlement under the licence for that quota period, then despite the deletion of regulation 17(5)(f) of the principal regulations by regulation 7(4) of these regulations, regulation 17(5)(f), as in force immediately before the relevant day, continues to apply to the licence such that the Minister may vary the conditions of the licence, in accordance with that regulation, in relation to the quota period commencing on 1 July 2022.\n\t(5)\tIf the total catch of southern calamari taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern calamari quota entitlement during the quota period that commenced on 1 July 2021 exceeded the quota entitlement under the licence for that quota period, then despite the deletion of regulation 17A(5)(f) of the principal regulations by regulation 8(4) of these regulations, regulation 17A(5)(f), as in force immediately before the relevant day, continues to apply to the licence such that the Minister may vary the conditions of the licence, in accordance with that regulation, in relation to the quota period commencing on 1 July 2022.\n\t(6)\tIf the total catch of southern garfish taken by the holder of a licence in respect of the Marine Scalefish Fishery subject to a condition fixing a southern garfish quota entitlement during the quota period that commenced on 1 July 2021 exceeded the quota entitlement under the licence for that quota period, then despite the deletion of regulation 17B(5)(f) of the principal regulations by regulation 9(4) of these regulations, regulation 17B(5)(f), as in force immediately before the relevant day, continues to apply to the licence such that the Minister may vary the conditions of the licence, in accordance with that regulation, in relation to the quota period commencing on 1 July 2022.\nHistorical versions\n27.8.2020\n\n17.12.2020\n\n1.7.2021\n\n1.7.2022\n\n","sortOrder":39}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2954},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from general fishery management to a complex species-specific quota system. Major amendments in 2021 added individual transferable quotas for snapper, southern calamari, and southern garfish (regs 17, 17A, 17B) while removing entire management schemes for sardines and vongole. The 2020 and 2022 amendments introduced sophisticated carry-forward and penalty mechanisms for quota management. The original simple licensing scheme has evolved into a comprehensive 'cap and trade' system with detailed reporting, disposal chains, and cross-fishery trading arrangements."},"complexity_factors":["Six parallel individual quota systems (regs 14, 15, 16, 17, 17A, 17B) with similar but not identical carry-over and penalty mechanics","Extensive defined terms (30+) including precise GPS coordinates for five fishing zones using GDA2020 datum, and scientific taxonomies for species","Heavy cross-referencing to four other sets of regulations (Blue Crab, General, Lakes and Coorong, Rock Lobster) and the parent Act","Nested conditional logic for quota variations: over-catch/under-catch calculations with percentage thresholds (10%), exceptions for 'exceptional circumstances', and anti-avoidance provisions disregarding previous variations","Transfer restrictions with multiple exception categories (family, amalgamation, estate administration, incapacity, disqualification) and demerit point calculations","Legislative history showing significant patchwork amendments (2020, 2021, 2022, 2024) with transitional provisions preserving superseded quota rules for specific periods","Dual registration systems for both vessels and 'masters' with conditional eligibility (e.g., master registration restricted if licensee already registered under another licence)"],"plain_english_summary":"**What this is:** These regulations set the rules for commercial fishing in South Australia's Marine Scalefish Fishery—a zone covering coastal waters including the Spencer Gulf, Gulf St. Vincent, and the West Coast. They operate under the *Fisheries Management Act 2007*.\n\n**Who it affects:**\n• **Commercial fishers** who already hold a Marine Scalefish Fishery licence (the system is essentially closed to new entrants).\n• **Fish processors** who must be registered to receive certain catches.\n• **Family members** who may inherit or receive licences through specific transfer rules.\n\n**What it does:**\n\n**1. Licences are valuable but restricted**\nYou can only get a licence if you already had one when these rules started, or if someone transfers theirs to you. Transfers are tightly controlled:\n• **Family transfers**: You can pass a licence to a spouse, domestic partner, parent, grandparent, sibling, or child.\n• **Amalgamation**: Two licence holders can merge their licences into one (combining their fishing \"points\" and gear entitlements), but one licence must be surrendered.\n• **General transfers**: Only allowed in limited circumstances like death, permanent disability, or serious offences.\n\n**2. Individual Quota Systems (ITQs)**\nThe regulations create \"catch quotas\" (a set number of kilograms a fisher can catch per year) for six high-value species:\n• King George whiting\n• Pipi (a type of shellfish)\n• Blue crab\n• Snapper\n• Southern calamari (squid)\n• Southern garfish\n\n**How quotas work:**\n• The Minister sets a \"unit value\" (how many kilograms one unit equals) each year based on fish stock levels.\n• If you don't catch your full quota, you can usually carry forward up to 10% to the next year (or more in \"exceptional circumstances\").\n• If you over-catch, you get penalised: you lose 1 kg of next year's quota for every 1 kg over (or 2 kg for every 1 kg if you go significantly over).\n• Quotas can be traded between licence holders or even swapped with rock lobster fishers for some species.\n\n**3. Strict rules on fishing and reporting**\n• **Registration**: Boats and \"masters\" (the people in charge of fishing operations) must be registered to the licence.\n• **Gear restrictions**: Limits on cockle rakes (max 6), sand crab pots, and crab nets.\n• **Catch disposal**: Fishers must keep detailed records of what they catch, how it's stored, tagged, and transported. For the six quota species, all catch must be delivered to a registered fish processor.\n• **Agents**: If you use helpers on shore, they must stay within 700 metres of the licence holder (with specific limits on numbers—max 8 people for pipi fishing in the Lakes and Coorong).\n\n**4. Penalties**\nBreaking these rules can result in fines up to $5,000 (or lower \"expiation fees\" for minor offences, typically $315–$500).\n\n**Why it matters:**\nThese rules are designed to prevent overfishing by capping total commercial catch, allowing fishers to trade their allocation, and ensuring sustainable stocks for high-demand species. They effectively create a \"cap and trade\" market for fish quotas while keeping the fishery closed to new commercial entrants."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This instrument, as amended, has substantially widened operational scope compared with a simple fisheries licensing regime. The current regulations embed multiple separate individual catch quota systems (rr 14–17B) that did not all appear in the original 2017 text and introduce detailed reallocation, temporal adjustment and inter‑fishery transfer mechanisms (for example, transfers between rock lobster fishery licences and Marine Scalefish licences under rr 14, 17). The Minister’s delegated powers to set unit values, allocation methodologies and detailed reporting/handling requirements have been expanded (reg 37; rr 14–17B; rr 24–33). The legislative history shows successive insertions (notably in 2020–2022 and later) adding species, zones and quota mechanics (see amendments altering regs 14–17B and Sch 1). Concretely, the instrument has moved from a rules framework for a defined set of scalefish to a collection of administratively driven quota regimes with substantial executive discretion and detailed compliance obligations, thereby growing beyond a narrow licensing/regulation model into a multifaceted quota and traceability regime."},"complexity_factors":["Multiple separate species-specific quota regimes (6 distinct systems: King George whiting, pipi, blue crab, snapper, southern calamari, southern garfish) each with its own definitions and adjustment rules (rr 14–17B).","Extensive defined terminology and spatial zoning in the interpretation section (large number of defined species, fishing zones and cross-referenced terms) (reg 3; Sch 1).","High delegation to Ministerial determinations for operational detail (unit values, allocation methodology, reporting forms/times/places) across many provisions (reg 37; rr 14–17B; rr 24–33; r 35).","Nested conditional logic for quota adjustments (under‑catch and over‑catch rules, 10% default caps, ‘exceptional circumstances’ carve‑outs, temporary vs permanent variations) producing multiple exceptions to exceptions (rr 14(5), 15(3), 16(3), 17(5), 17A(5), 17B(5)).","Complex transfer and amalgamation rules requiring surrender, aggregation of fishing points and gear entitlements, compatibility between net and line licences, and demerit point rules on surrendered licences (reg 8).","Multiple cross-references to other subordinate instruments and Acts (Fisheries Management Act 2007; General Regulations; Blue Crab and Rock Lobster Regulations), increasing interpretive work (throughout, notably rr 3, 8, 16).","Differing penalty and expiation structures across provisions (various maximum penalties and expiation fees), requiring parallel enforcement understanding (multiple regs).","Significant schedule listing dozens of species (Sch 1 Parts 1 & 2) and numerous amendments/transitional provisions captured in legislative history and the quota amendment schedule, increasing temporal complexity (Sch 1; Transitional provisions in the 2022 Quota Amendment)."],"plain_english_summary":"**What these regulations do (mechanically)**\n\n- They set up and define the Marine Scalefish Fishery and list which species and bait items are covered (Schedule 1 Parts 1 and 2). (reg 4; Sch 1)\n- They regulate who may hold and transfer commercial licences for the fishery, including narrow rules for family transfers, amalgamation of licences, and conditions the Minister must be satisfied with before consenting to a transfer. (rr 5–8)\n- They control registration of boats and registered masters who may operate under a licence and allow the Minister to revoke registrations on application. (rr 9–11)\n- They create multiple species-specific individual catch quota schemes. For each covered species (King George whiting, pipi, blue crab, snapper, southern calamari, southern garfish) the regulations:\n  - define unit entitlements and unit values;\n  - require the Minister to determine total allowable commercial catch and unit values for quota periods (12 months from 1 July);\n  - allow the Minister to impose conditions on licences fixing quota entitlements and to vary unit entitlements in prescribed ways (including transfers between licences or fisheries and adjustments for under/over catch). (rr 14–17B)\n- They impose operational requirements on quota licence-holders: recordkeeping, reporting, weighing, tagging, sealing, and delivering/consigning specified species to registered fish processors. The Minister determines the precise forms, times and methods for reporting. (rr 24–33, 35–36)\n- They limit certain gear and activity: limits on cockle rakes, sand‑crab pot use, carrying crab nets, and number of agents working on shore. (rr 13, 19–21, 27–28)\n- They create criminal offences and fixed expiation (fine) amounts for breaches (penalties vary by clause; many maximum penalties $5,000, expiation fees commonly $315 or $500). (multiple provisions)\n- The Minister holds wide powers to make operational determinations (how returns are made, how units are allocated, methodological rules) which must be published but leave substantial day‑to‑day detail to administrative action. (reg 37; see also rr 14–17B, 24–25C, 29–32B, 35)\n\n**Who this affects**\n\n- Commercial licence‑holders in the Marine Scalefish Fishery (holders of pre‑existing licences or persons to whom licences are lawfully transferred). (rr 5–6)\n- Registered masters of commercial boats used under those licences. (rr 9–11)\n- Persons employed as shore agents or nominated agents under licence conditions (limits and approval regimes apply). (rr 27–28)\n- Registered fish processors (because certain species must be delivered to or consigned to them). (r 33)\n- Buyers, processors and other market participants who deal with these species will face delivery and traceability rules; local markets are affected where landing must occur within the State (pipi). (r 20; r 33)\n\n**Why it matters (stated purpose and practical implications)**\n\n- The regulations operationalise a quota‑based fisheries management system: by converting allowable catch into units and unit values, the law constrains commercial take by licence and zone and creates transferable entitlements and administrative levers for seasonal adjustment (rr 14–17B). The stated administrative purpose is to manage harvest levels and traceability (see rr 14–17B; rr 24–33).\n\nTested against costs, incentives and trade‑offs:\n\n- Compliance burden: Licence‑holders must keep detailed records, report in Minister‑determined forms and times, tag and seal catches and deliver specified species to registered processors (rr 24–33, 35–36). Those requirements impose ongoing paperwork, weighing, storage and traceability costs on fishers and processors.\n\n- Bureaucratic discretion and implementation risk: The Minister sets total allowable catch, unit values and allocation methodology, and many operational details are delegated to Ministerial determinations (reg 37; rr 14–17B; rr 24–32B). That concentrates decision‑making and timing risk in the executive; practical effects depend on how detailed and predictable determinations are.\n\n- Effects on private choice and markets: Requirements that certain species be consigned only to registered processors (r 33) and that pipi be landed within the State (r 20) restrict where and to whom fishers can sell, which can raise transaction costs and reduce market options. Quota units create measurable, licence‑dependent entitlements (rr 14–17B), which can be reallocated between licences or between related fisheries under joint applications—this creates tradable-like and reallocation mechanisms but also regulatory constraints on transferability (rr 6–8, 14–17B).\n\n- Transfer and concentration effects: Transfers are permitted but tightly constrained (must be family transfers, authorised amalgamation scheme transfers, transfers under deceased estates or other limited grounds; Minister must be satisfied transferee is a fit and proper person and other conditions) (rr 6–8). The amalgamation process requires surrendering licences and combining gear entitlements and fishing points values, which can concentrate rights but only through prescribed administrative steps (reg 8).\n\n- Incentives around quota under/over catch: The rules allow temporary increases for under‑catch up to a default cap (generally 10%) and potentially higher where the Minister is satisfied exceptional circumstances apply; conversely, over‑catch can reduce future entitlements at specified multipliers (1 kg per kg up to 10%; 2 kg per kg for larger excesses) (see rr 14(5)(f)-(g); 15(3)(c)-(d); similar structures in rr 16, 17, 17A, 17B). Those mechanics create dynamic incentives to manage effort within quota periods but also complexity in reconciling past shortfalls/overruns.\n\n- Enforcement and penalties: The regulations set maximum penalties and expiation fees for non‑compliance (various regs). That provides an enforcement stick but means compliance costs include legal risk and potential fines.\n\n**Concrete behavioural changes the regulations create**\n\n- Commercial fishers must operate within licence conditions that may carry explicit kilogram quotas by species and zone and follow Minister‑determined reporting and handling procedures (rr 14–17B; rr 24–33).\n- Licence transfers and consolidation are possible but require Ministerial consent and compliance with prescribed steps and surrender rules—this controls who can acquire quota entitlements (rr 6–8).\n- Fishers are constrained in gear and labour choices (limits on cockle rakes, sand crab pot use, number of shore agents) and must observe registration rules for masters (rr 11, 13, 19, 21, 27–28).\n\n**Key references for mechanics**: constitution of fishery (reg 4; Sch 1), licence issue/transfer (rr 5–8), quota regimes (rr 14–17B), recordkeeping/reporting and delivery (rr 24–33, 35–36), Ministerial determinations (reg 37)."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was inaccessible. 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 the actual content of the regulations","Score of 1 reflects absence of data, not simplicity of the underlying law"],"plain_english_summary":"This South Australian regulation governs fishing for marine scalefish—fin fish like snapper and whiting—in SA waters. It sets the framework that determines who can fish, what limits and gear rules apply, and where or when fishing may be restricted.\n\nIt affects commercial and recreational fishers, licence holders and managers; it matters for compliance, resource sustainability and enforcement."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-marine-scalefish-fishery-regulations-2017","history":"/api/acts/fisheries-management-marine-scalefish-fishery-regulations-2017/history","analysis":"/api/acts/fisheries-management-marine-scalefish-fishery-regulations-2017/analysis","conflicts":"/api/acts/fisheries-management-marine-scalefish-fishery-regulations-2017/conflicts","importantCases":"/api/acts/fisheries-management-marine-scalefish-fishery-regulations-2017/important-cases","documents":"/api/acts/fisheries-management-marine-scalefish-fishery-regulations-2017/documents"}}