2Transitional provision—registration of devices

2 Transitional provision—registration of devices Legislative history

1—Short title These regulations may be cited as the Fisheries Management (General) Regulations 2017. 3—Interpretation (1) In these regulations, unless the contrary intention appears— abalone fishing area means an area declared by the Minister, by notice in the Gazette, as an abalone fishing area for the purposes of these regulations; Act means the Fisheries Management Act 2007; bait net means a fish net that— (a) is not more than 150 metres in length; and (b) has a mesh size of not less than 30 millimetres and not more than 150 millimetres; Bight Redfish means Centroberyx gerrardi; Blacklip Abalone means Haliotis rubra; Blue Swimmer Crab means Portunus armatus; Central Zone Abalone Fishery means the fishery of that name constituted by the Fisheries Management (Abalone Fisheries) Regulations 2017; Charter Boat Fishery means the fishery constituted by the Fisheries Management (Charter Boat Fishery) Regulations 2016; coastal waters does not include Coorong (area 1), Coorong (area 2) and Lake George; cockle means any mollusc of— (a) the order Veneroida (other than Pipi (Donax spp) or Vongole (Katelysia spp)); or (b) the genus Anadara; cockle rake means a device designed to be held in the hand and consisting of a pole at 1 end of which is attached— (a) a cross‑bar with teeth; or (b) a cross‑bar with a net in the form of a bag or cone; or (c) a cross‑bar with teeth and a net in the form of a bag or cone; Coorong means that area of water separated from the Lower Murray, and from Lake Alexandrina, by the Goolwa, Mundoo, Boundary Creek, Ewe Island and Tauwitchere Barrages, and separated from the ocean by Sir Richard Peninsula and Younghusband Peninsula, and by the geodesic from the location on Mean High Water Springs closest to the mouth of the River Murray on the northern side of the headland of Sir Richard Peninsula to the location on Mean High Water Springs closest to the northern side of the headland of Younghusband Peninsula; Coorong (area 1) means the waters of the Coorong separated from the Lower Murray, and from Lake Alexandrina, by the Goolwa, Mundoo, Boundary Creek, Ewe Island and Tauwitchere Barrages, separated from the waters of the Coorong south‑east of Tauwitchere Barrage by the geodesic from the location on Mean High Water Springs closest to 35°35′37.12″ South, 139°01′26.52″ East (Pelican Point) to the location on Mean High Water Springs closest to 35°35′40.60″ South, 139°00′44.56″ East (Gnurlung Point), and separated from the ocean by Sir Richard Peninsula and Younghusband Peninsula, and by the geodesic from the location on Mean High Water Springs closest to the mouth of the River Murray on the northern side of the headland of Sir Richard Peninsula to the location on Mean High Water Springs closest to the northern side of the headland of Younghusband Peninsula; Coorong (area 2) means the waters of the Coorong south‑east of the geodesic from the location on Mean High Water Springs closest to 35°35′37.12″ South, 139°01′26.52″ East (Pelican Point) to the location on Mean High Water Springs closest to 35°35′40.60″ South, 139°00′44.56″ East (Gnurlung Point), and separated from the ocean by Younghusband Peninsula; Coorong coastal waters means the coastal waters adjacent to South Australia between the location on Mean High Water Springs closest to 35°31′23.45″ South, 138°46′23.86″ East (Beach Road, Goolwa) to the location on Mean High Water Springs closest to 36°49′34.54″ South, 139°50′55.98″ East (Kingston SE jetty); corf includes any floating or submerged holding box or container used to hold live fish; crab net means a device used to take crabs (Family Portunidae) consisting of a drop net or a net in the form of a bag or cone attached to a hoop at its opening; crab pot means a fish trap that— (a) is designed and constructed for the purpose of taking Blue Swimmer Crabs; and (b) has a maximum height of 650 millimetres; and (c) has a maximum diameter of 2 metres; and (d) is covered with a fish net that has— (i) a minimum mesh size of 75 millimetres; or (ii) an escape panel that has a minimum mesh size of 75 millimetres and is at least 700 millimetres by 300 millimetres; crab rake means a device designed to be held in the hand and consisting of a pole at 1 end of which is attached— (a) a cross‑bar with teeth; and (b) a circular metal framed mesh; Cuttlefish means Sepia spp; Department means the administrative unit of the Public Service responsible for assisting a Minister in the administration of the Act; depth, in relation to a net, means the distance from the cork line, buoyant line or other line on which the net is slung to the lead line or to the bottom of the net if there is no lead line such distance to be measured when the cork line, buoyant line or other line on which the net is slung is taut and the lead line or the bottom of the net, if there is no lead line, is hanging free and out of the water; dip tin means a perforated open metal basket that— (a) has a handle; and (b) has perforations of 8 millimetres in diameter; and (c) is not more than 400 millimetres long; and (d) is not more than 300 millimetres wide; and (e) is not more than 200 millimetres deep; drop line means a device that consists of a length of line with hooks attached by snoods along its length and is anchored by a weight, buoyed at the surface and deployed vertically through the water; drop net means a net that consists of 2 hoops, the top hoop having a diameter not smaller than that of the bottom hoop, to which netting is attached so as to form a cylindrical bag or cone shaped bag; drum net means a fish trap that consists of mesh supported by 3 large diameter bands to form a body or shape which is closed at 1 end and a cove at the other end; electro‑fishing means the taking of fish by using a device consisting of a power source anode or cathode designed and constructed to apply an electric field to water so as to attract or stun fish; fish net means any net other than a hand net (including a dab net, dip net or shrimp net), hoop net, drop net, lift net, pyramid net or a prawn trawl net; fish trap means a device that is designed and constructed to trap fish and has an entrance or cove; fyke net means a fish trap that consists of a series of large diameter rings which support mesh on the exterior and a series of coves along the interior with a wing or wings at 1 end; GDA2020 means the Geocentric Datum of Australia 2020 as defined in the determination under section 8A of the National Measurement Act 1960 of the Commonwealth for the recognised‑value standard of measurement position; gill net means a length of mesh net supported along its length by a rope attached to the top and bottom of the mesh and designed and constructed to be used as a static device to enmesh fish; Golden Perch means Macquaria ambigua; Greenlip Abalone means Haliotis laevigata; Gulf St. Vincent means the waters contained within Gulf St. Vincent north of the geodesic from the location on Mean High Water Springs closest to 35°10′4.69″ South, 137°40′38.66″ East (Troubridge Point, Yorke Peninsula) to the location on Mean High Water Springs closest to 35°36′48.46″ South, 138°05′44.04″ East (Cape Jervis, Fleurieu Peninsula); Gulf St. Vincent, Investigator Strait and Backstairs Passage means the waters of Gulf St. Vincent, Investigator Strait and Backstairs Passage contained within and bounded by a line commencing at Mean High Water Springs closest to 35°17′59.55″ South, 136°52′50.14″ East (Cape Spencer, Yorke Peninsula), then beginning north‑easterly following the line of Mean High Water Springs to the location closest to 35°38′33.75″ South, 138°31′20.86″ East (Newland Head, Fleurieu Peninsula), then south‑westerly to the location on Mean High Water Springs closest to 35°50′32.65″ South, 138°08′03.62″ East (Cape Willoughby, Kangaroo Island), then beginning north‑westerly following the line of Mean High Water Springs to the location closest to 35°44′55.83″ South, 136°35′14.80″ East (Cape Borda, Kangaroo Island), then north‑easterly to the point of commencement; Gummy Shark means Mustelus antarcticus; hand fish spear means a fish spear propelled by human power without the use of any explosive, spring, elastic material or mechanism; hand line means fishing line used without a rod and to which not more than 3 fishing hooks are attached (for the purpose of this definition not more than 5 hooks joined by threading the point of 1 through the eye of another, or by fastening their shanks together will be taken to be 1 hook); hand net (including a dab net, dip net or shrimp net) means a net being conical in shape attached to a hoop or ring and extending not more than 1 metre in depth from the hoop or ring, the hoop and ring being attached to a rigid handle and having a diameter that does not exceed 1 metre; hauling net means a net hauled by a rope 1 end of which is securely anchored to the sea bed or attached to a securely anchored boat or securely attached to the shore; hoop net means a net that consists of 1 hoop of a diameter not exceeding 107 centimetres to which netting is attached in the form of a cone or bag that does not extend more than 92 centimetres from the hoop; in any 1 day means during the period commencing at midnight and ending at the midnight next following; inland waters means the River Murray and its tributaries, Lakes Albert and Alexandrina, Lake George, the Coorong above the Murray Mouth and all the waters of the State that are fresh waters other than the waters of a prescribed reservoir; Lake Eyre Perch means Macquaria spp; Lakes Albert and Alexandrina means all of the waters of Lake Albert and Lake Alexandrina downstream from the punt that services the main road joining the township of Wellington to the township of Wellington East near 35°19′52.48″ South, 139°23′04.33″ East, and separated from the Coorong by land and by the Goolwa, Mundoo, Boundary Creek, Ewe Island and Tauwitchere Barrages, and includes those waters of the Finniss River and Currency Creek situated upstream from Lake Alexandrina to the first road bridge by which they are crossed; Lakes and Coorong means the waters of the Coorong, Lakes Albert and Alexandrina and the Coorong coastal waters; Lakes and Coorong Fishery means the fishery of that name constituted by the Fisheries Management (Lakes and Coorong Fishery) Regulations 2024; large mesh monofilament net means a monofilament mesh net that— (a) has a mesh size exceeding 115 millimetres; and (b) consists of line with a minimum breaking strain of not less than 7 kilograms; large mesh multifilament hauling net means a multifilament hauling net that— (a) has a mesh size exceeding 95 millimetres; and (b) consists of line with a minimum ply of not less than 21; large mesh net means a mesh net or gill net with a mesh size of not less than 150 millimetres; large mulloway means Mulloway that exceeds 82 centimetres in length; large salmon means Salmon that exceeds 35 centimetres in length; large snapper means Snapper that exceeds 60 centimetres in length; length— (a) in relation to a fish—means the distance from the foremost part of the head to the end of the tail; (b) in relation to a net—means the length of that part of the cork line, buoyant line or other line on which the net is slung; licensed person, in relation to a fishing activity, means— (a) a person who, for a commercial purpose, is engaged in a fishing activity of a class that constitutes the fishery in respect of which the person holds a fishery licence or permit; or (b) a person acting as the agent of a holder of such a licence or permit; lift net means— (a) a device that consists of 1 ring not exceeding 107 centimetres in diameter to which netting is attached in the form of a cone or bag that does not extend more than 92 centimetres from the ring when the ring is suspended in a horizontal position; or (b) a device that consists of 2 rings (the upper ring not exceeding 107 centimetres in diameter and being of a diameter greater than that of the lower ring) to which netting is attached in the form of a cone or bag that does not extend more than 92 centimetres from the upper ring when the ring is suspended in a horizontal position; long line means a length of line to which is attached 1 or more traces or hooks and which is anchored and buoyed at 1 or both ends; Mean High Water Springs means the line representing the average of all high water observations at the time of spring tide over a period of 19 years; meat, in relation to an abalone, means all the muscular foot from which the viscera have been detached by the usual shucking procedure; mesh net means a net designed and constructed to enmesh fish; Miscellaneous Broodstock and Seedstock Fishery means the fishery of that name constituted by the Fisheries Management (Miscellaneous Broodstock and Seedstock Fishery) Regulations 2013; Mulloway means Argyrosomus japonicus; Murray Cod means Maccullochella peelii; Murray Mouth means the Coorong and coastal waters that are within 500 metres of a line joining the locations on Mean High Water Springs closest to 35°33′18.64″ South, 138°52′45.90″ East (northern side of the headland of Sir Richard Peninsula) and 35°33′21.90″ South, 138°52′53.37″ East (northern side of the headland of Younghusband Peninsula); mussel dredge means a device that— (a) is designed and constructed to be held in the hand so as to facilitate the taking of fish by scraping the bed of any waters; and (b) is not more than 1 metre wide; and (c) has attached to it a net not more than 1 metre deep; non‑commercial purpose means a purpose other than trade or business; Northern Zone has the same meaning as in the Fisheries Management (Rock Lobster Fisheries) Regulations 2017; Northern Zone Rock Lobster Fishery means the fishery of that name constituted by the Fisheries Management (Rock Lobster Fisheries) Regulations 2017; on the same day means during the period commencing at midnight and ending at the midnight next following; overall length, in relation to a boat, means the horizontal distance between— (a) a perpendicular dropped from the extremity of the bow of the boat, or, if a fixture or structure attached to the bow projects beyond the bow, from the extremity of that fixture or structure; and (b) a perpendicular dropped from the extremity of the stern of the boat, or, if a fixture or structure attached to the stern projects beyond the stern, from the extremity of that fixture or structure; permitted device means a device specified in Schedule 1; Pipi means any mollusc of the genus Donax; power hauling method of fishing means a fishing activity involving the use of a fish net where— (a) the net is hauled through the water by means other than by hand; and (b) not more than 1 boat is used to haul the net; and (c) 1 end of the net is anchored so as to secure that end to the sea bed while— (i) the net is shot out; or (ii) 1 end of the net is being hauled back to the other end; prawn means King Prawn (Melicertus latisulcatus); prawn trawl net means a trawl net that is designed and constructed for the taking of prawn; prescribed reservoir means the following bodies of water: (a) Aroona Dam; (b) Beetaloo Reservoir; (c) Bundaleer Reservoir; (d) Happy Valley Reservoir; (e) Myponga Reservoir; (f) South Para Reservoir; (g) Warren Reservoir; (h) any other reservoir or dam specified by the Minister by notice in the Gazette for the purposes of this definition; purse seine net means a long winged hauling net with a bunt and a pursing line attached by rings to the bottom mesh or foot rope; pyramid net means a square or rectangular net that— (a) is open at the top with an opening that is not less than 20 centimetres by 20 centimetres; and (b) is not more than 60 centimetres in length and not more than 60 centimetres wide; and (c) has a mesh net height not more than 15 centimetres perpendicular from the base; and (d) does not have any internal device designed for use, or capable of use, in connection with the taking of fish; ring net means a mesh net that has floats on the head line and leads on the bottom line and is designed and constructed to encircle a school of fish; River Fishery means the fishery of that name constituted by the Fisheries Management (River Fishery) Regulations 2017; River Murray proper means all the waters of the River Murray and its anabranches, tributaries, lagoons and lakes situated upstream of the punt which services the main road joining the township of Wellington to the township of Wellington East; rock lobster means Southern Rock Lobster (Jasus edwardsii); rock lobster fishery means— (a) the Northern Zone Rock Lobster Fishery; or (b) the Southern Zone Rock Lobster Fishery; rock lobster pot means a fish trap that is designed and constructed for the purpose of taking rock lobster; rock lobster snare means a device that— (a) consists of a noose attached to a length of tubing; and (b) is designed and constructed for the taking of rock lobster; rod and line means a rod to which is attached a fishing line having not more than 3 fishing hooks attached to it (and, for the purpose of this definition, not more than 5 hooks joined by threading the point of 1 through the eye of another or by fastening their shanks to each other will be taken to be 1 hook); Salmon means Western Australian Salmon (Arripis truttaceus); Sand Crab means Ovalipes spp; sand crab pot means a fish trap that— (a) is designed and constructed for the purpose of taking Sand Crabs; and (b) has a maximum height of 450 millimetres; and (c) has a maximum diameter of 1.5 metres; and (d) is covered with a fish net that has— (i) a minimum mesh size of 75 millimetres; or (ii) an escape panel that has a minimum mesh size of 75 millimetres and is at least 700 millimetres by 300 millimetres; sardine net means a purse seine net that— (a) is no more than 1000 metres in length; and (b) is no more than 200 metres in depth; and (c) has a minimum mesh size of 14 millimetres; scallop dredge means a device consisting of mesh supported by framework that is designed and constructed to be pulled behind a boat so as to facilitate the taking of fish by scraping the bed of any waters; School Shark means Galeorhinus galeus; set line includes any device using hooks and known as a cross line, springer, side line, long line or buoyed line; set net means a static mesh net; set‑net method of fishing means a fishing activity involving the use of a fish net— (a) of up to 600 metres in length; and (b) having a mesh size of at least 50 millimetres but less than 150 millimetres, and in which the fish net is run out into the water and set, the ends of the fish net not meeting or being joined; shrimp trap means a fish trap that is designed and constructed for the purpose of taking shrimps (Suborder Natantia); small mesh monofilament net means a monofilament mesh net that— (a) has a mesh size exceeding 50 millimetres but not exceeding 64 millimetres; and (b) consists of line with a minimum breaking strain of not less than 5.5 kilograms; small mesh multifilament hauling net means a multifilament hauling net that— (a) has a mesh size exceeding 50 millimetres but not exceeding 64 millimetres; and (b) consists of line with a minimum ply of not less than 15; small Mulloway means Mulloway that is at least 46 centimetres in length but does not exceed 82 centimetres in length; small Salmon means Salmon that is at least 21 centimetres in length but does not exceed 35 centimetres in length; small Snapper means Snapper that is at least 38 centimetres in length but does not exceed 60 centimetres in length; Snapper means Chrysophrys auratus; Southern Bluefin Tuna means Thunnus maccoyii; Southern Zone has the same meaning as in the Fisheries Management (Rock Lobster Fisheries) Regulations 2017; Southern Zone Abalone Fishery means the fishery of that name constituted by the Fisheries Management (Abalone Fisheries) Regulations 2017; Southern Zone Rock Lobster Fishery means the fishery of that name constituted by the Fisheries Management (Rock Lobster Fisheries) Regulations 2017; spear gun means a device for spearing fish consisting of a spear and an apparatus for discharging the spear by means of explosive, spring or elastic material or other mechanical means; Spencer Gulf means the waters contained within Spencer Gulf north of the geodesic from the location on Mean High Water Springs closest to 34°59′07.10″ South, 136°00′11.09″ East (Cape Catastrophe, Eyre Peninsula) to the location on Mean High Water Springs closest to 35°17′59.55″ South, 136°52′50.14″ East (Cape Spencer, Yorke Peninsula); squid jig means a lure or bait that— (a) is used for taking cephalopods; and (b) is attached by a line to a handline or rod and line, but does not include a free floating device; swinger net means a non‑static gill net to which is attached a rope that is anchored to the shore so as to enable the net to drift with the aid of offshore and longshore currents; teaser line means a line (without an attached hook) used to lure or attract fish; trawl net includes a lampara net, Danish seine net, beam trawl net or otter trawl net and any net towed by a boat; trot line means a combination of— (a) buoyed lines anchored or weighted; and (b) a line or lines connecting the buoyed lines and supported under the surface of the waters by a line of floats; and (c) a line or lines attached to the connecting line and weighted to which are attached hooks or snoods with hooks; undersize fish means fish that is undersize as determined in accordance with Schedule 2 but does not include— (a) scalefish of the family Bothidae or Pleuronectidae taken by an unlicensed person; or (b) aquaculture fish taken by the holder of an aquaculture licence from an area in which aquaculture is carried on; or (c) fish taken by the holder of an aquaculture licence under a permit in respect of the Miscellaneous Broodstock and Seedstock Fishery; unlicensed person, in relation to a fishing activity, means a person who is not a licensed person in relation to that activity; vongole means any mollusc of the genus Katelysia; waters of the State means all the waters to which the Act applies; Western Blue Groper means Achoerodus gouldii; Western Zone Abalone Fishery means the fishery of that name constituted by the Fisheries Management (Abalone Fisheries) Regulations 2017; Yabby means Yabby (Cherax spp); Yelloweye Redfish means Centroberyx australis; Yellowfin Tuna means Thunnus albacares. (2) In these regulations— (a) all lines in spatial descriptions are geodesics based on GDA2020 and all co‑ordinates are expressed in terms of GDA2020; (b) common and scientific fish names are given according to AS5300—2019 Australian Fish Names Standard published by the Fisheries Research & Development Corporation, as in force from time to time; (c) a reference to a person carrying a device includes a reference to the person— (i) having the device on or about the person; or (ii) having the device so near to the person that the person is able to exercise physical control over the device; (d) a reference to the taking of aquatic resources or a particular class or species of aquatic resources includes a reference to any act that is preparatory to, or involved in, the taking of those aquatic resources or class or species of aquatic resources, whether or not any such aquatic resources or class or species of aquatic resources have been taken; (e) a reference to using or to the use of a device by a person engaged in a fishing activity includes a reference to using the device— (i) to take aquatic resources; and (ii) in or as part of any act preparatory to, or involved in, the taking of aquatic resources. (3) For the purposes of these regulations, the mesh size of a net is to be determined using a measuring instrument approved by the Minister. (3a) For the purposes of subregulation (3), the Minister may, by notice in the Gazette— (a) approve a measuring instrument; or (b) revoke an approval under paragraph (a). (4) For the purposes of these regulations— (a) a device registered for use for recreational fishing is attended only if it is at all times actually being attended by the person in whose name it is registered under regulation 10 and that person is at all times— (i) while the device is in the waters of Lake George—no more than 50 metres from the landward boundary of the Lake; (ii) while the device is in any other waters of the State—no more than 50 metres from any part of the device; (b) a device registered for use under a fishery authority is attended only if it is at all times actually being attended by the person who holds the fishery authority, or a person acting as an agent of the holder of the fishery authority, and that person is at all times— (i) while the device is in the waters of Lake George—no more than 50 metres from the landward boundary of the Lake; (ii) while the device is in any other waters of the State—no more than 50 metres from any part of the device. (5) The Minister may, by notice in the Gazette— (a) declare an area to be an abalone fishing area for the purposes of these regulations; or (b) vary or revoke a declaration under paragraph (a). 4—Declarations for purposes of section 3(1) of Act (1) For the purposes of the definition of commercial quantity in section 3(1) of the Act, a quantity specified in Schedule 3 is declared to be a commercial quantity in relation to the class of aquatic resource specified alongside that quantity. (2) For the purposes of the definition of corresponding law in section 3(1) of the Act, the laws specified in Schedule 4 are declared to be corresponding laws. (3) For the purposes of the definition of protected species in section 3(1) of the Act, the species specified in Schedule 5 are declared to be protected. 5—Classes of fishing activities prescribed for purposes of section 70 of Act For the purposes of section 70 of the Act, the following classes of fishing activities are prescribed: (a) the classes of fishing activities specified in Schedule 6; (b) the taking of fish by a person— (i) by using a fish net in any of the waters of the State specified in Schedule 7 Part 1; or (ii) by using a net other than a large mesh net or sardine net in any of the waters of the State specified in Schedule 7 Part 2; or (iii) by using a fish net in any waters of the State specified in Schedule 7 Part 3 other than— (A) a purse seine net used by the holder of a licence in respect of the Marine Scalefish Fishery, registered for use under that licence, for the purpose of taking Salmon provided that— • no other device registered for use under the licence is in use; and • the waters in which it is being used are 10 metres or more in depth; or (B) a sardine net used by the holder of a licence in respect of the Sardine Fishery, registered for use under that licence, for the purpose of taking Australian Sardine (Sardinops sagax) or Australian Anchovy (Engraulis australis) provided that— • only 1 such sardine net is in use; and • the waters in which it is being used are 10 metres or more in depth. 6—Sale, purchase or possession of aquatic resources (1) For the purposes of section 72(2)(c) of the Act, the following classes of aquatic resources are prescribed: (a) undersize fish; (b) aquatic resources of a class specified in Schedule 3; (c) Snapper in the waters of the Gulf St. Vincent and Kangaroo Island Fishing Zone, the Spencer Gulf Fishing Zone, the West Coast Fishing Zone or the Port Adelaide River estuary. (2) For the purposes of section 72(6) of the Act, a quantity specified in Schedule 3 alongside a class of aquatic resources is the prescribed quantity of aquatic resources of that class. (3) In this regulation— Gulf St. Vincent and Kangaroo Island Fishing Zone, Spencer Gulf Fishing Zone and West Coast Fishing Zone have the same respective meanings as in the Fisheries Management (Marine Scalefish Fishery) Regulations 2017; Port Adelaide River estuary means all waters of the Port Adelaide River estuary contained within and bounded by a line commencing at the line of Mean High Water Springs closest to 34°40′12.26″ South, 138°26′35.25″ East (end of Port Gawler Road), then beginning easterly following the line of Mean High Water Springs, including West Lakes, North Arm and tributaries, to the location closest to 34°46′59.03″ South, 138°28′40.48″ East, then north‑westerly to the point of commencement, but excluding any land or waters so encompassed that lie landward of the line of Mean High Water Springs. (4) Subregulations (1)(c) and (3) will expire on 30 June 2026. 7—Possession of prescribed quantity of aquatic resource in prescribed circumstances (1) For the purposes of section 73(1) of the Act— (a) a quantity specified in Schedule 8 is fixed in relation to the class of fish or other aquatic resource specified alongside that quantity; and (b) the following circumstances, or any combination of the following circumstances, are prescribed: (i) where the fish or other aquatic resource is— (A) frozen; or (B) stored in a freezer; (ii) where the fish or other aquatic resource— (A) has been pickled, salted, smoked, cooked or otherwise processed; or (B) is otherwise stored, in a manner designed to preserve the fish or other aquatic resource. (2) For the purposes of section 73(2)(c) of the Act, in proceedings for an offence against section 73(1) of the Act it is a defence if the defendant proves that the fish or aquatic resources to which the proceedings relate— (a) were purchased from a person whose ordinary business was the selling of such fish or aquatic resources; and (b) were purchased in the ordinary course of that business. 8—Possession of Pipi in vehicles carrying 3 or more persons (1) If— (a) a motor vehicle (other than a public passenger vehicle) is West of longitude 136° East; and (b) 2 or more persons (excluding the driver) are being carried in the vehicle; and (c) there are more than 300 Pipi in or on the vehicle, the person in charge of the vehicle is guilty of an offence. Maximum penalty: (a) for a first offence—$10 000; (b) for a second or subsequent offence—$20 000. Expiation fee: $315. (2) If— (a) a motor vehicle (other than a public passenger vehicle) is East of longitude 136° East; and (b) 2 or more persons (excluding the driver) are being carried in the vehicle; and (c) there are more than 990 Pipi in or on the vehicle, the person in charge of the vehicle is guilty of an offence. Maximum penalty: (a) for a first offence—$10 000; (b) for a second or subsequent offence—$20 000. Expiation fee: $315. (3) In proceedings for an offence against subregulation (1) or (2), it is a defence if the defendant proves that— (a) the Pipi were taken for a commercial purpose under an authority; or (b) the Pipi were purchased— (i) from a person whose ordinary business was the selling of fish or aquatic resources; and (ii) in the ordinary course of that business; or (c) the Pipi were not taken in contravention of the Act or these regulations. (4) For the purposes of this regulation— (a) Pipi will be taken to be in or on a motor vehicle if the Pipi are in or on a trailer being towed by a motor vehicle; (b) a person will be taken to be in charge of a motor vehicle if— (i) the person is driving, or has just driven, the vehicle; or (ii) the person is attempting to put the vehicle in motion; or (iii) the person is the registered owner or registered operator of the vehicle and is in, on or near the vehicle. (5) In this regulation— motor vehicle has the same meaning as in the Motor Vehicles Act 1959; public passenger vehicle has the same meaning as in the Passenger Transport Act 1994; registered operator, in relation to a motor vehicle, has the same meaning as in the Motor Vehicles Act 1959; registered owner, in relation to a motor vehicle, has the same meaning as in the Motor Vehicles Act 1959. 8A—Possession or control of Black Bream in or near waters of Lakes and Coorong during closed season If a person— (a) is in, or within 50 metres of, the waters of the Lakes and Coorong; and (b) has possession or control of 1 or more Black Bream (Acanthopagrus butcheri) during the period commencing 1 August in any year and ending on 31 January of the following year, the person is guilty of an offence. Maximum penalty: (a) for a first offence—$10 000; (b) for a second or subsequent offence—$20 000. Expiation fee: $315. 9—Aquatic or benthic animals For the purposes of section 77(2) of the Act, the classes of aquatic or benthic animals specified in Schedule 9 are prescribed. 10—Registration of devices for non-commercial fishing (1) This regulation applies in relation to a mesh net or rock lobster pot to be used by a person (including the holder of a fishery authority) for non‑commercial fishing. (2) An application for registration of a device to which this regulation applies must— (a) be made in a manner and form approved by the Minister; and (b) be completed in accordance with the instructions contained in the form; and (c) be accompanied by the documents specified in the application form. (3) An application for registration of a mesh net— (a) in the case of a mesh net for use in the waters of Lake George— (i) cannot be made earlier than 2 months before the commencement of the registration period during which the registration is to have effect; and (ii) cannot be made at all if the applicant has by a separate application obtained the registration of another mesh net for use in the waters of Lake George for the same registration period; (b) in any other case—cannot be made except by a person who, immediately before the commencement of these regulations, had the mesh net registered in the person's name under the Fisheries Management (General) Regulations 2007. (4) An application for registration of a rock lobster pot— (a) cannot be made earlier than 2 months before the commencement of the registration period during which the registration is to have effect; (b) cannot be made at all if the applicant has by a separate application obtained the registration of another rock lobster pot, other than a short term rock lobster pot, for the same registration period. (5) Before registering a device under this regulation the Minister may require the applicant to produce the device for examination by a fisheries officer. (6) The Minister must refuse to register a device if— (a) it is not produced for examination pursuant to a requirement made under subregulation (5); or (b) the applicant could not, on registration of the device, lawfully use it for the purpose of taking aquatic resources in the waters of the State; or (c) registration would result in the number of devices registered in the applicant's name being in excess of the greatest number of devices that the applicant may lawfully use, at any 1 time, in the waters of the State. (6a) The following applies in relation to the operation of subregulation (6)(c): (a) subregulation (6)(c) does not apply to or in respect of an application for the registration of a short term rock lobster pot; (b) in the case of an application for registration of a rock lobster pot other than a short term rock lobster pot—the registration of a short term rock lobster pot in the name of an applicant is to be disregarded. (7) If the Minister is satisfied that— (a) an application to register a device has been made in accordance with this regulation; and (b) the applicant is a natural person of at least 15 years of age; and (c) the device complies with these regulations, the Minister may register the device in the name of the applicant— (d) in the case of a rock lobster pot, other than a short term rock lobster pot— (i) if the application was made on or before the commencement of the registration period—for the whole of the registration period; (ii) if the application was made after the commencement of the registration period—for a period commencing on the date of grant of the application and ending on the expiry of the last day of the registration period; or (da) in the case of a rock lobster pot to be registered as a short term rock lobster pot—for the period specified by the Minister in the registration of the rock lobster pot (which must fall within a period of 8 months commencing on 1 October in any year); or (e) in the case of a mesh net for use in the waters of Lake George— (i) if the application was made on or before the commencement of the registration period—for the whole of the registration period; (ii) if the application was made after the commencement of the registration period—for a period commencing on the date of grant of the application and ending on the expiry of the last day of the registration period; or (f) in any other case—for a period not exceeding 3 years. (8) The Minister must, on registering a device— (a) allot a registered number to the device; and (b) in the case of a rock lobster pot—issue to the person in whose name the pot is registered a tag bearing the registered number; and (c) in the case of a mesh net for use in the waters of Lake George—issue to the person in whose name the net is registered a tag bearing the registered number. (9) If the Minister is satisfied that a tag issued in respect of a rock lobster pot, or a mesh net for use in the waters of Lake George, registered under this regulation has been lost, stolen, damaged or destroyed, the Minister must, on application made in a manner and form approved by the Minister and payment of the prescribed fee, issue a replacement tag. (10) In this regulation— charter boat fishing agreement has the same meaning as in the Fisheries Management (Charter Boat Fishery) Regulations 2016; registration period— (a) in relation to a rock lobster pot, other than a short term rock lobster pot—means a period of 8 months commencing on 1 October in any year; (ab) in relation to a short term rock lobster pot—means the period specified by the Minister in the registration of the rock lobster pot; (b) in relation to a mesh net for use in the waters of Lake George—means a period of 12 months commencing on 1 July in any year; short term rock lobster pot means a rock lobster pot registered on a short term basis by the Minister under subregulation (7)(da) for use under a charter boat fishing agreement. 11—Duty to produce certificate of registration A person who is using a registered device for recreational fishing must, if requested by a fisheries officer to produce his or her certificate of registration of the device, produce the certificate within 48 hours after the making of the request. Maximum penalty: $2 500. Expiation fee: $210. 12—Section 53(2) of Act not to apply to rods and lines and hand lines used for commercial fishing Section 53(2) of the Act does not apply in relation to a rod and line or hand line used under a fishery authority. 13—Requirements relating to buoys and tags For the purposes of these regulations— (a) a buoy must— (i) be made of material that is durable in water; and (ii) clearly display the marks required by these regulations in letters and figures of not less than 70 millimetres in height; and (iii) have a volume of not less than— (A) in the case of a buoy attached to a drop net, drum net, hoop net, pyramid net or shrimp trap used by any person to take fish in inland waters—2 litres; or (B) in any other case—4 litres; and (iv) float on the surface of water; (b) a tag must— (i) be made of material that is durable and non‑corrodible in water; and (ii) clearly display the marks required by these regulations in letters and figures of not less than 20 millimetres in height; and (iii) be not less than 100 millimetres long and 50 millimetres wide. 14—Carriage of hand fish spears, spear guns and explosive devices in specified areas (1) A person must not carry a hand fish spear or a spear gun, or a device that operates by means of an explosive cartridge in an area specified in Schedule 10. Maximum penalty: $2 500. Expiation fee: $210. (2) It is a defence to a charge of an offence against subregulation (1) to prove that the defendant was carrying the spear, spear gun or device only for the purpose of transporting it across the area. 15—Carriage of certain devices while using scuba etc (1) Subject to subregulation (2), a person must not, while using a scuba, hookah or other apparatus for breathing underwater, carry a hand fish spear or a spear gun, or a device that operates by means of an explosive cartridge. Maximum penalty: $2 500. Expiation fee: $210. (2) A person may, while using a scuba, hookah or other apparatus for breathing underwater, carry a device that operates by means of an explosive cartridge if— (a) the device is not attached to a hand fish spear or spear gun; and (b) the device is carried only for protection; and (c) any fish that is injured or killed is left in the water. (3) Subregulation (2) does not permit the carrying of a device in an aquatic reserve or an area specified in Schedule 10. 16—Carriage of devices near lock and weirs of the River Murray A person must not carry a device within 150 metres of each side of each lock and weir of the River Murray proper. Maximum penalty: $2 500. Expiation fee: $210. 17—Distinguishing marks on boats (1) The Minister must, on registering a boat under section 53 of the Act, allot to the boat a distinguishing mark consisting of 1 or more numbers or letters or a combination of numbers and letters. (2) The holder of a fishery authority must not use a registered boat for the purposes of engaging in a fishing activity of a class that constitutes the fishery in respect of which he or she holds a fishery authority unless the registered boat bears distinguishing marks that— (a) are painted or otherwise marked on each side of the registered boat; and (b) are painted or otherwise marked in legible figures; and (c) contain figures each of which— (i) is not less than 150 millimetres high; and (ii) is not less than 100 millimetres wide; and (iii) contains no line that is less than 30 millimetres broad; and (d) are clearly visible above the waterline; and (e) are painted in— (i) black paint or otherwise marked in black if painted on a light coloured background; or (ii) white paint or otherwise marked in white if painted or marked on a dark coloured background. Maximum penalty: $2 500. Expiation fee: $210. (3) A person must not use a dinghy as a tender to a registered boat unless it bears the same distinguishing marks as the registered boat to which it is used as a tender with the addition of the letter "T" forming part of the distinguishing marks as a prefix to them. Maximum penalty: $2 500. Expiation fee: $210. (4) If a boat that has been a registered boat ceases to be a registered boat, the owner must, as soon as practicable after the boat ceases to be a registered boat, remove or cause to be removed any distinguishing mark that had been painted or otherwise marked on the boat. Maximum penalty: $2 500. Expiation fee: $210. 18—Mutilation of certain fish (1) This regulation applies to— (a) shark of any species belonging to the class Chondrichthyes; and (b) fish of a class specified in Schedule 2. (2) If fish of a class to which this regulation applies are taken in the course of fishing from a boat, a person must not mutilate those fish before they are brought ashore or landed on a jetty, pier or other landing place. Maximum penalty: $2 500. Expiation fee: $210. (3) In proceedings for an offence against subregulation (2), it will be presumed, in the absence of proof to the contrary, that any mutilated fish on a boat have been mutilated by the person in charge of the boat unless that person proves that some other person mutilated them and that the person made reasonable efforts to prevent the mutilation. (4) This regulation does not apply in relation to fish on a boat that, within 24 hours of their mutilation, are to be— (a) consumed as food on that boat; or (b) used as bait in the course of a fishing activity in which persons on that boat intend, and are lawfully entitled, to engage in. (5) In this regulation— mutilate, in relation to fish, means to divide, cut up, mangle or dismember fish in any way but does not include— (a) the removal of the guts or scales of fish; or (b) in the case of shark— (i) the removal of the head, pelvic fins and claspers; or (ii) the removal of the tail at the sub‑terminal notch, leaving the caudal lobe attached to the body. 19—Provisions relating to abalone fishing (1) A person must not remove from the shell abalone taken under a licence in respect of the Southern Zone Abalone Fishery unless the abalone is removed on land at the premises of a registered fish processor in the course of the business of the fish processor. Maximum penalty: $2 500. (2) An unlicensed person who takes abalone in the waters of the State must bring the abalone to a position above the waterline before the abalone is removed from its shell. Maximum penalty: $2 500. Expiation fee: $210. (3) A person who takes abalone in the waters of the State must have attached to the person an effective and accurate measuring device suitable for measuring abalone. Maximum penalty: $2 500. Expiation fee: $210. (4) A person who takes abalone in the waters of the State must measure each abalone by using a device of a kind referred to in subregulation (3) immediately after detaching the abalone from the rock or other place to which it was attached and must immediately, with care, replace on that rock or other place to which the abalone had been attached any abalone that is undersize. Maximum penalty: $2 500. Expiation fee: $210. (5) Subject to subregulation (6), a person must not have possession, control or custody of abalone that has been removed from its shell. Maximum penalty: $2 500. Expiation fee: $210. (6) Subregulation (5) does not apply to a person who has possession, control or custody abalone that has been removed from its shell if— (a) being an unlicensed person, the person has complied with subregulation (2); or (b) the person is acting during the course of the person's work or employment at the premises of a registered fish processor that are situated on land; or (c) the abalone has previously been delivered to and processed at the premises of a registered fish processor that are situated on land; or (d) the abalone was taken under a licence in respect of the Central Zone Abalone Fishery or Western Zone Abalone Fishery. (7) In this regulation— land does not include land below waters. 20—Keeping of fish in corfs A person must not store or confine fish in a corf unless— (a) a red buoy that— (i) complies with regulation 13; and (ii) is marked with the letter "C", is attached to the corf; and (b) the buoy— (i) is marked with the owner's fishery licence number; or (ii) if the owner does not hold a fishery licence—has attached to it a tag bearing the owner's name and address. Maximum penalty: $2 500. Expiation fee: $210. 21—Keeping of rock lobster A person must not store or confine rock lobster in a corf unless the person holds a licence in respect of a rock lobster fishery. Maximum penalty: $5 000. Expiation fee: $315. 22—Taking rock lobster or setting rock lobster pots in Northern or Southern Zone during closed season (1) Unless the Minister has, by notice in the Gazette, made a determination to the contrary, an unlicensed person must not take rock lobster in the Northern Zone during the closed season. Maximum penalty: (a) for a first offence—$10 000; (b) for a second or subsequent offence—$20 000. Expiation fee: $200. (2) Unless the Minister has, by notice in the Gazette, made a determination to the contrary, an unlicensed person must not set a rock lobster pot in the Northern Zone during the closed season. Maximum penalty: (a) for a first offence—$10 000; (b) for a second or subsequent offence—$20 000. Expiation fee: $315. (3) Unless the Minister has, by notice in the Gazette, made a determination to the contrary, an unlicensed person must not take rock lobster in the Southern Zone during the closed season. Maximum penalty: (a) for a first offence—$10 000; (b) for a second or subsequent offence—$20 000. Expiation fee: $200. (4) Unless the Minister has, by notice in the Gazette, made a determination to the contrary, an unlicensed person must not set a rock lobster pot in the Southern Zone during the closed season. Maximum penalty: (a) for a first offence—$10 000; (b) for a second or subsequent offence—$20 000. Expiation fee: $315. (5) In this regulation— closed season means— (a) in relation to the Northern Zone—the period commencing at 1800 hours on 31 May in any year and ending at 1200 hours on the following 1 November; (b) in relation to the Southern Zone—the period commencing at 1800 hours on 31 May in any year and ending at 0600 hours on the following 1 October. 23—Duty to clip tail fan of rock lobster A person who takes rock lobster in the waters of the State (other than under a licence in respect of a rock lobster fishery) must, before the rock lobster is brought ashore or landed, clip its middle tail fan in half horizontally across the tail and remove it. Maximum penalty: $5 000. Expiation fee: $315.