Division 9—Miscellaneous
113—Taking of undersize or oversize fish
(1) The taking, in the waters of the State, of—
(a) undersize fish; or
(b) Western Blue Groper or Murray Cod that exceeds 100 centimetres in length.
(2) The taking, in coastal waters, of Wrasse (Family Labridae) (other than Western Blue Groper) that is less than 25 centimetres in length.
114—Taking of molluscs in West Lakes and adjacent foreshore area
The taking of molluscs in the waters of West Lakes, and foreshore areas adjacent to those waters, including reserves for public use.
115—Taking of certain shellfish in Port Adelaide River
The taking of filter‑feeding marine molluscan shellfish in the waters of the Port Adelaide River between Bower Road, Semaphore Park and the junction of Lipson Reach and North Arm, Port Adelaide.
116—Taking of benthic marine organisms in certain waters
The taking of a benthic marine organism in waters seaward of the line of Mean High Water Springs to a depth of 2 metres in the area of a rocky reef and its waters—
(a) adjacent to the State; or
(b) adjacent to an off‑shore island forming part of the State.
117—Taking of prawn in certain waters less than 10 metres deep
The taking of prawn in any waters of the ocean and the bays and gulfs of the State between meridians of longitude 129° East and 140°58′00″ East less than 10 metres in depth at the low water mark.
118—Taking of rock lobster in certain waters
The taking of rock lobster in any of the following waters:
(a) the waters of or near Cape Jaffa contained within and bounded by a line commencing at the intersection of the jetty with Mean High Water Springs near 36°56′29.84″ South, 139°41′17.71″ East, then beginning westerly following the line of Mean High Water Springs to the location closest to 36°57′03.30″ South, 139°40′22.43″ East, then westerly to a line 1000 metres seaward of Mean High Water Springs closest to 36°57′03.30″ South, 139°39′36.35″ East, then beginning north‑easterly following a line 1000 metres seaward of Mean High Water Springs to the location closest to 36°55′56.83″ South, 139°41′17.80″ East, then southerly to the northern end of the jetty near 36°56′23.83″ South, 139°41′17.80″ East, then south along the jetty to the point of commencement; or
(b) the waters within 1000 metres of marine navigation mark number 4860/100 (Margaret Brock Reef) at 36°57′06.49″ South, 139°35′42.57″ East; or
(c) the waters of or near Rivoli Bay contained within and bounded by a line commencing at Mean High Water Springs closest to 37°29′32.52″ South, 140°00′42.20″ East, then north‑easterly following the line of Mean High Water Springs to the location closest to 37°29′24.54″ South, 140°00′57.61″ East (Glen Point), then southerly to a line 100 metres seaward of Mean High Water Springs (Penguin Island) closest to 37°29′56.21″ South, 140°00′57.19″ East, then beginning southerly following a line 100 metres seaward of Mean High Water Springs (Penguin Island) to the location closest to 37°29′51.19″ South, 140°00′42.25″ East, then northerly to the location on Mean High Water Springs closest to 37°29′45.91″ South, 140°00′42.25″ East, then generally northerly following the line of Mean High Water Springs to the location closest to 37°29′37.41″ South, 140°00′42.20″ East, then northerly to the point of commencement; or
(d) the waters of or near Point Annie contained within and bounded by a line commencing at Mean High Water Springs closest to 34°57′09.34″ South, 136°58′23.59″ East (Point Annie), then beginning south‑easterly following the line of Mean High Water Springs to the location closest to 35°00′46.17″ South, 136°56′38.33″ East, then north‑easterly to the location on Mean High Water Springs closest to 34°57′57.77″ South, 136°57′21.73″ East, then north‑easterly to the point of commencement.
119—Taking of fish near locks and weir of River Murray proper
The taking of fish in waters within 150 metres of each side of each lock and weir of the River Murray proper.
120—Taking of certain fish during closed season
The taking of fish of a class specified in column 1 of the table below in the waters specified alongside in column 2 during the period specified alongside in column 3.
Column 1
Class of fish
Column 2
Waters
Column 3
Closed season
Molluscs
Razorfish (Pinna bicolor)
The waters of Spencer Gulf contained within and bounded by a line commencing at Mean High Water Springs closest to 32°32′29.34″ South, 137°45′10.65″ East, then easterly to 32°32′29.34″ South, 137°46′42.99″ East (marine navigation mark 4510/028), then south‑westerly to 32°32′55.76″ South, 137°46′36.16″ East (marine navigation mark 4510/825), then south‑westerly to 32°33′32.22″ South, 137°46′12.91″ East (marine navigation mark 4510/821), then south‑westerly to 32°34′01.88″ South, 137°45′54.46″ East (marine navigation mark 4510/817), then south‑easterly to 32°35′06.43″ South, 137°46′07.62″ East (marine navigation mark 4510/020), then south‑easterly to 32°36′25.52″ South, 137°46′23.71″ East (marine navigation mark 4510/013), then south‑westerly to 32°38′59.40″ South, 137°46′13.80″ East (marine navigation mark 4510/009), then south‑easterly to 32°41′20.14″ South, 137°46′46.29″ East (marine navigation mark 4510/808), then westerly to the location on Mean High Water Springs closest to 32°41′20.14″ South, 137°45′20.28″ East, then generally northerly following the line of Mean High Water Springs to the point of commencement.
The period commencing on 1 January in any year and ending on the last day of the following February.
The period commencing on 1 October in any year and ending on the following 31 December.
Scalefish
Bream (Acanthopagrus spp)
The waters of Onkaparinga River upstream from the bridge on Main South Road at Noarlunga (D V Fleming Bridge) near 35°10′33.15″ South, 138°29′55.34″ East.
The period commencing on 1 September in any year and ending on the following 30 November.
Black Bream (Acanthopagrus butcheri)
The waters of the Lakes and Coorong
The period commencing on 1 August in any year and ending on the following 31 January of the subsequent year.
121—Taking fish using wire trace of unlawful gauge with certain hooks
The taking of fish in the waters of the State by using wire trace of 2 millimetres or greater gauge in conjunction with fishing hooks size 12/0 or greater.
123—Setting of rock lobster pots containing rock lobster
The setting in the waters of the State, for a purpose other than a commercial purpose, of a rock lobster pot that contains rock lobster.
124—Use of registered boat other than under fishery authority
(1) The taking of fish in the waters of the State by using a registered boat other than the taking of fish under a fishery authority.
(2) Subclause (1) does not apply if—
(a) the Department has been notified in the manner and form, and at such time, as determined by the Minister, of the intended use of a registered boat to take fish other than under a fishery authority; or
(b) the boat is registered for use under a licence in respect of the Charter Boat Fishery and the boat is to be used by unlicensed persons for recreational fishing.
125—Taking of cephalopods in False Bay (Spencer Gulf)
The taking of a mollusc of the class Cephalopoda in the following waters:
The waters of or near False Bay contained within and bounded by a line commencing at Mean High Water Springs closest to 33°02′10.14″ South, 137°35′49.30″ East, then beginning north‑westerly following the line of Mean High Water Springs to the location closest to 33°00′00.70″ South, 137°47′08.74″ East (near Point Lowly Lighthouse), then south‑westerly to the southern end of the jetty at Port Bonython at the location closest to 33°00′48.20″ South, 137°45′55.31″ East, then south‑westerly to the south eastern end of the BHP jetty at the location closest to 33°02′11.59″ South, 137°35′56.64″ East, then north‑westerly along the said jetty to the point of commencement, but excluding any land or waters so encompassed that lie landward of the line of Mean High Water Springs.
126—Taking fish using certain traces or hooks in certain waters
(1) The taking of fish between 0500 and 2100 hours on any day using—
(a) wire trace; or
(b) monofilament trace exceeding 1 millimetre in diameter; or
(c) a fishing hook size exceeding 56 millimetres in length; or
(d) a fishing hook with a gape exceeding 23 millimetres; or
(e) a combination or gang of hooks that are joined by threading the point of 1 through the eye of another,
in the waters and adjacent foreshore areas contained within the area from the southern Outer Harbor breakwater (34°46′58.95″ South, 138°28′40.48″ East), to Lady Bay Shacks, south of Normanville (35°28′30.77″ South, 138°17′05.29″ East) from Mean High Water Springs to a distance of 500 metres seaward.
(2) In this clause—
gape of a fishing hook means the distance from the tip of the point of the hook to the inside of the shaft.
126A—Use of certain fish hooks and devices in certain waters within Adelaide Dolphin Sanctuary
(1) The taking of fish by any person—
(a) using—
(i) a fishing hook size exceeding 56 millimetres in length; or
(ii) a fishing hook with a gape exceeding 23 millimetres; or
(b) using—
(i) a hand line; or
(ii) a rod and line,
within 50 metres of a dolphin that is visible to the person,
in the waters within the Adelaide Dolphin Sanctuary contained within the area south‑eastwards of the line commencing at a point longitude 138°30'05.41" East, latitude 34°45'47.64" South near Pelican Point in the Hundred of Port Adelaide, thence north‑westerly to a point longitude 138°31'26.56" East, latitude 34°44'54.04" South, being a point on the southern breakwater at St Kilda, continuing north‑westerly on a straight line along the said breakwater to a point longitude 138°31'56.19" East, latitude 34°44'41.27" South being a point on the said breakwater that intersects with the mean high water mark, continuing generally easterly along the said mean high water mark to a point longitude 138°32'16.59" East, latitude 34°44'35.11" South near Mangrove Street, St Kilda.
(2) In this clause—
Adelaide Dolphin Sanctuary means the sanctuary of that name established under the Adelaide Dolphin Sanctuary Act 2005;
dolphin means any dolphin of the genus—
(a) Tursiops; or
(b) Delphinus;
gape of a fishing hook means the distance from the tip of the point of the hook to the inside of the shaft.
127—Taking fish near Horseshoe Reef
The taking of fish from within 25 metres of any part of Horseshoe Reef (35°08′14.55″ South, 138°27′49.13″ East) that becomes exposed at low water.
128—Taking fish in certain parts of Onkaparinga River
The taking of fish (other than the taking of fish by using a hand line or rod and line or the taking of shrimp (Suborder Natantia) by using a shrimp net)—
(a) upstream from the mouth of the Onkaparinga River at a point closest to 35°09′53.21″ South, 138°28′13.54″ East, to the bridge on Main South Road at Noarlunga (D V Fleming Bridge) closest to 35°10′33.31″ South, 138°29′55.88″ East; or
(b) in that portion of the waters of the estuary from the mouth of the Onkaparinga River at a point closest to 35°09′53.21″ South, 138°28′13.54″ East, to the bridge on Main South Road at Noarlunga (D V Fleming Bridge) closest to 35°10′33.31″ South, 138°29′55.88″ East.