Fish Resources Management Amendment Regulations 2001 (WA)
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WESTERN 3161 AUSTRALIAN
GOVERNMENT
PERTH, FRIDAY, 29 JUNE 2001 No. 120 SPECIAL
PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.45 PM
© STATE OF WESTERN AUSTRALIA
FISH RESOURCES MANAGEMENT ACT 1994
_________
FISH RESOURCES
MANAGEMENT AMENDMENT
REGULATIONS 2001
29 June 2001 GOVERNMENT GAZETTE, WA 3163
Fish Resources Management Act 1994
Fish Resources Management Amendment
Regulations 2001
Made by the Governor in Executive Council.
1. Citation
These regulations may be cited as the Fish Resources
Management Amendment Regulations 2001.
2. The regulations amended
The amendments in these regulations are to the Fish Resources
Management Regulations 1995*.[* Reprinted as at 2 March 2001. For amendments to 28 May 2001 see Gazette
27 March 2001.]
3. Regulation 3 amended
Regulation 3(1) is amended by inserting, in the appropriate
alphabetical position, the following definition —
“
“aircraft” includes a float plane and an air cushioned craft;
”.
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4. Regulation 64 amended
Regulation 64(2) is amended after paragraph (j) by deleting the full stop and inserting —
“
;
(k) conducting a fishing tour. ”.
5. Division 1 heading inserted in Part 11
Before regulation 117 in Part 11 the following heading is inserted —
“ Division 1 — Commercial fishing ”.
6. Regulation 117 amended
Regulation 117(7) is amended by deleting “holds a commercial fishing licence.” and inserting instead —
“
—
(a) holds a commercial fishing licence; or (b)
is a participant in an aquatic eco-tour or a fishing tour on or from a boat.
”.
7. Division 2 heading inserted in Part 11
After regulation 122 the following heading is inserted —
“ Division 2 — Recreational fishing ”.
8. Division 3 heading inserted in Part 11
After regulation 124 the following heading is inserted —
“ Division 3 — Specific fish or specific methods of fishing
”.
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9. Divisions 4 and 5 inserted
After regulation 128 the following Divisions are inserted —
“ Division 4 — Aquatic eco-tourism operators
128A. Aquatic eco-tourism operator’s licence
(1) Subject to subregulations (2) and (3), a person who
engages in aquatic eco-tourism for a commercial
purpose in a zone set out in Schedule 15 must hold an
aquatic eco-tourism operator’s licence for that zone.
Penalty: $10 000.(2) Subregulation (1) does not apply if —
(a)
a person who engages in eco-tourism for a commercial purpose has a licence to do so issued under, or who is otherwise authorised to
do so under, the Conservation and Land
Management Act 1984 or regulations made
under that Act; and(b)
the eco-tourism operation is conducted wholly within a marine nature reserve or an area of a marine park from which recreational or commercial fishing is excluded under the Conservation and Land Management Act 1984.
(3) Subregulation (1) does not apply if a person who
engages in eco-tourism for a commercial purpose has a
fishing tour operator’s licence.
128B. Grant of aquatic eco-tourism operator’s licence
(1)
If a person applies to the Executive Director for the grant of an aquatic eco-tourism operator’s licence to engage in aquatic eco-tourism for a commercial
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purpose in a zone set out in Schedule 15 and the
Executive Director is satisfied that —
(a)
the person is a fit and proper person to hold the licence; and
(b)
it is in the interests of the management of aquatic eco-tourism and commercial and recreational fishing to grant the licence,
the Executive Director may grant to the person an
aquatic eco-tourism operator’s licence for that zone.
(2) An aquatic eco-tourism operator’s licence is to —
(a) specify the name and business address of the holder of the licence; (b) specify the licence number; (c) specify the period for which the licence has been granted; (d) specify the zone in which an aquatic eco-tour may be conducted under the licence; (e) specify whether the tour may be conducted using one or more of the following — (i) a boat;
(ii) a vehicle;
(iii) an aircraft;
(f)
specify any conditions that the Executive Director has imposed in relation to the grant of the licence;
(g)
specify the name of any boat that may be used for or in connection with a tour conducted under the licence, its length, licence number (if it has one), and its surveyed passenger carrying capacity; and
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(h)
specify details of the identity of any vehicle or aircraft which may be used for or in connection with a tour conducted under the licence.
128C. Duty of master to give notice of aquatic eco-tourism
trip by a licensed fishing boatIf a boat —
(a)
is specified in an aquatic eco-tour operator’s licence; and
(b) is a licensed fishing boat,
and the boat is to be used to fish for a commercial
purpose, the master of the boat must, before leaving
port for that purpose, give notice of the trip in a manner
and form approved by the Executive Director to the
office of the Department nearest to that port.Penalty: $2 000.
128D. Documents to be carried by master or person in
charge of a boat, vehicle, or aircraft
(1)
The master or person in charge of a boat, vehicle, or aircraft used in connection with an aquatic eco-tour must unless regulation 128A(2) applies to the tour
cause to be kept on board the boat, vehicle, or
aircraft —
(a)
the aquatic eco-tourism operator’s licence or the fishing tour operator’s licence, as the case may be, of the person conducting the tour; and
(b)
any other authorisation relating to the boat or its crew, vehicle, or aircraft required to be held under the Act,
or legible copies of those documents.
Penalty: $2 000.
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(2) Where the Executive Director considers that it would
be impractical to require a person to comply with
subregulation (1), the Executive Director may in
writing exempt that person from that subregulation in
relation to a boat, vehicle, or aircraft or class of boats,
vehicles, or aircraft.(3)
The master or person in charge of a boat, vehicle, or aircraft used in connection with an aquatic eco-tour must cause the exemption or a legible copy of it to be
kept on board the boat, vehicle, or aircraft.
Penalty: $500.
128E. Certain records to be kept and returns submitted to
the Department
(1) The holder of an aquatic eco-tourism operator’s licence
must keep records relevant to operations conducted
under that licence relating to the following matters and
must retain those records for a period of not less than
7 years —
(a)
the quantity of each type of fish caught by a participant in an aquatic eco-tour;
(b) times and places of carrying out fishing; (c)
times and places of carrying out aquatic eco-tourism for a commercial purpose.
(2)
Subject to subregulation (5), a person who must keep records under this regulation must submit a return to the Department regarding the operations each month and, where there have been no operations in the month,
the return must be marked “Nil”. (3)
If the Executive Director has approved a form for that return, a person who must submit a return must use the relevant form approved by the Executive Director.
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(4) A person who must submit a return must send the
return relating to each month to the head office of the
Department in Perth to arrive not later than the 15th day
of the next month.(5) The Executive Director may in writing exempt a person
who must keep records under this regulation from
submitting a monthly return under subregulation (2) for
the period of time, or in respect of the operation,
specified in writing and sent to the person who is to be
exempt.(6)
A person must not make an entry or statement that is false or misleading in a material particular in a record kept or a return submitted under this regulation.
Penalty: In the case of an individual $5 000 or, in the case of a body corporate, $10 000.
128F. Prohibition on advertising that fish may be taken A person advertising an aquatic eco-tourism trip must
not advertise that fish may be taken on the trip.
Penalty: $10 000.128G. Fishing on an aquatic eco-tour
(1) The master of a boat used for an aquatic eco-tourism
trip must not allow a participant in the tour to —
(a) take any fish while on the boat; (b) keep any fish on the boat; or (c) bring ashore any fish from the boat.
Penalty: $2 000.
(2) The master of a boat being used for an aquatic
eco-tourism trip must not —
(a) commence the tour with any fish on the boat;
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(b)
allow any fish to remain on the boat at the end of the tour; or
(c) sell any fish caught from the boat during the tour. Penalty: $10 000.
(3)
It is a defence in proceedings for an offence against subregulation (1)(a) for the person charged to prove that the fish was caught —
(a)
by a person on the boat who at the time the fish was caught was holding one line or one rod and line; and
(b)
for the purposes of providing a reasonable quantity of fish for a meal for those on the boat at the time the fish was taken.
(4)
It is a defence in proceedings for an offence against subregulation (1)(b), (2)(a) or (2)(b) for the person charged to prove that the fish was purchased from a
person other than a participant in the tour for the
purpose of providing meals for participants in a tour on
the boat.
128H. Boat not to be used for both commercial fishing and
an aquatic eco-tour in a 24 hour period
If a boat —
(a)
is specified in an aquatic eco-tourism operator’s licence; and
(b) is a licensed fishing boat,
and the boat is used for or in connection with both
commercial fishing and an aquatic eco-tour in a period
of 24 hours commencing at midnight any person who
uses the boat for either of those purposes during that
period commits an offence.
Penalty: $5 000.
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Division 5 — Fishing tour operators
128I. Fishing tour operator’s licence A person who conducts a fishing tour for a commercial
purpose in a zone set out in Schedule 15 must hold a
fishing tour operator’s licence for that zone.
Penalty: $10 000.128J. Grant of fishing tour operator’s licence
(1) If a person applies to the Executive Director for the
grant of a fishing tour operator’s licence to conduct a
fishing tour for a commercial purpose in a zone set out
in Schedule 15 and the Executive Director is satisfied
that —
(a)
the person is a fit and proper person to hold the licence; and
(b)
it is in the interests of the management of commercial and recreational fishing to grant the licence,
the Executive Director may grant to the person a
fishing tour operator’s licence for that zone.
(2) A fishing tour operator’s licence is to —
(a) specify the name and business address of the holder of the licence; (b) specify the licence number; (c) specify the period for which the licence has been granted; (d) specify the zone or a part of a zone in which a fishing tour may be conducted under the licence; (e) specify whether the tour may be conducted using one or more of the following — (i) a boat;
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(ii) a vehicle;
(iii) an aircraft;
(f)
specify any conditions that the Executive Director has imposed in relation to the grant of the licence;
(g)
specify the name of any boat that may be used for or in connection with a tour conducted under the licence, its length, licence number (if it has one), and its surveyed passenger carrying capacity; and
(h)
specify details of the identity of any vehicle or aircraft which may be used for or in connection with a tour conducted under the licence.
128K. Duty of master to give notice of commercial fishing
trip by a boatIf a boat that is authorised to be used on a fishing tour
is also a licensed fishing boat, the master of the boat
must, before taking the boat from the port to fish for a
commercial purpose, give notice of the trip in a manner
and form approved by the Executive Director to the
office of the Department nearest to that port.
Penalty: $2 000.128L. Documents to be carried by master or person in
charge of a boat, vehicle, or aircraft
(1)
The master or person in charge of a boat, vehicle, or aircraft used for or in connection with a fishing tour must cause to be kept on board the boat, vehicle, or aircraft —
(a)
the fishing tour operator’s licence of the person conducting the tour; and
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(b)
any other authorisation relating to the boat or its crew, vehicle, or aircraft required to be held under the Act,
or legible copies of those documents.
Penalty: $2 000.
(2) Where the Executive Director considers that it would
be impractical to require a person to comply with
subregulation (1), the Executive Director may in
writing exempt that person from that subregulation in
relation to a boat, vehicle, or aircraft or class of boats,
vehicles, or aircraft.(3) The master or person in charge of a boat, vehicle, or
aircraft used in connection with a fishing tour must
cause the exemption or a legible copy of it to be kept
on board the boat, vehicle, or aircraft.
Penalty: $500.
128M. Participants in a fishing tour to be required to
comply with written law applicable to recreational
fishingA person who holds a fishing tour operator’s licence or a person who is in charge of a fishing tour trip must not permit or suffer any person aboard a boat being used
for or in connection with a fishing tour to engage in fishing in a manner contrary to the provisions of the Act applicable to recreational fishing.
Penalty: $2 000. 128N. Participants in a fishing tour to use one line or one
rod and line
A participant in a fishing tour trip must not fish from a
boat being used on the trip other than by holding one
line or one rod and line.
Penalty: $2 000.
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128O. Prohibition on sale of fish taken on a fishing tour A person who holds a fishing tour operator’s licence or a person acting on that person’s behalf must not sell any fish taken on a tour conducted under the licence. Penalty: $10 000.
128P. Boat not to be used for both commercial fishing and
a fishing tour in a 24 hour period
If a boat —
(a)
is specified in a fishing tour operator’s licence; and
(b) is a licensed fishing boat,
and the boat is used for or in connection with both
commercial fishing and a fishing tour in a period of
24 hours commencing at midnight any person who uses
the boat for either of those purposes during that period
commits an offence.Penalty: $5 000.
”.
10. Division 6 heading inserted in Part 11
Before regulation 129 the following heading is inserted —
“ Division 6 — General ”.
11. Regulation 130A inserted
After regulation 130 the following regulation is inserted —
“
130A. Identification of boat used for aquatic eco-tourism
or a fishing tourThe holder of an aquatic eco-tour operator’s licence or a fishing tour operator’s licence must ensure that a boat
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or vehicle used for or in connection with an aquatic
eco-tour or a fishing tour, as the case may be, is
identified in such manner as the Executive Director
specifies in a written notice given to the holder of the
licence.Penalty: $2 000.
”.
12. Regulation 131 amended
After regulation 131(b) the following paragraph is inserted —
“
(ba) where the holder has 2 or more authorisations
and all of those authorisations are not
simultaneously being transferred to the same
transferee, in the opinion of the Executive
Director, it is not in the best interests of the
fishery to transfer the authorisation;”.
13. Regulation 156 amended
The Table to regulation 156 is amended by inserting after
“121” —“ , 128G(1), 128G(2), 128O ”.
14. Regulation 158 amended
(1) The Table to regulation 158 is amended in the part headed
“Provision of these regulations” by inserting after “125(2),” —“ 128G(1), 128G(2), 128O, 128P ”. (2) The Table to regulation 158 is amended in the part headed
“Provision of these regulations” after “130(4),” by inserting —“ 130A, ”.
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15. Schedule 1 amended
(1) After Schedule 1 Part 2 item 19 the following items are
inserted —“
20. Aquatic eco-tourism operator’s licence
(reg. 128B) ..................................................... 50.00 21.
Fishing tour operator’s licence (reg. 128J) ..... 50.00 ”.
(2) After Schedule 1 Part 3 item 3 the following items are
inserted —“
4. Aquatic eco-tourism operator’s licence
Types of operation —
(1)(a) Using — (i) one boat with a surveyed length of more than 7.5 m and an open water passenger capacity of 20 persons or less and an associated power boat
with a length of 7.5 m or less but
4.5 m or more, in one zone; or(ii) one or more boats with a surveyed
length of 7.5 m or less and a
combined open water passenger
carrying capacity of 20 persons or
less, in one zone ............................. $200.00
(b) In addition to the fee specified in 4(1)(a) — (i) for each additional 10 passengers
or part thereof ................................. $100.00 (ii) for each additional associated
power boat with a surveyed length
of 7.5 m or less but 4.5 m or more .... $200.00
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(iii) for a licence to operate the boat in
more than one zone, for each
additional zone ............................... $100.00 (iv) for each additional boat specified
in the licence with a surveyed
length of more than 7.5 m and an open water passenger capacity of 20 persons or less ...........................
$200.00
(2)(a) A land based operation authorised to operate in one zone with not more than 20 tourists taking part in
the tour ........................................... $200.00 (b) In addition to the fee specified in 4(2)(a) —
(i) for each additional capacity of 10
tourists ............................................ $100.00 (ii) for a licence to operate in more
than one zone, for each additional
zone ................................................ $100.00
(3)(a)
A combination of boat and land or boat and aircraft operations with a total passenger carrying capacity of
20 persons or less, authorised to operate in one zone and a maximum of 2 boats with a surveyed length of 7.5 m or less
but more than 4.5 m ....................... $200.00 (b) In addition to the fee specified in 4(3)(a) — (i) for each additional capacity of
10 tourists or part thereof ............... $100.00 (ii) for each additional associated
power boat with a surveyed length
not less than 4.5 m but not more
than 7.5 m ....................................... $200.00
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(iii) for a licence to operate a boat in
more than one zone, for each
additional zone ............................... $100.00
5. Fishing tour operator’s licence
Types of operation —
(1)(a) Using a boat with a surveyed length of more than 7.5 m and an open water passenger capacity of 20 persons or less and an
associated power boat with a length of 7.5 m or less but 4.5 m or more
in one zone ..................................... $500.00 (b) In addition to the fee specified in 5(1)(a) — (i) for each additional associated
power boat with a surveyed length
of more than 7.5 m and a
maximum passenger carrying
capacity of 20 passengers or less ... $500.00 (ii) for each additional associated
power boat with a surveyed length
of more than 4.5 m but less than
7.5 m ............................................... $250.00 (iii) for each additional passenger
carrying capacity of 10 passengers
or a part thereof .............................. $250.00 (iv) for a licence to operate in more
than one zone, for each additional
zone ................................................ $500.00
(2)(a) A land based operation, authorised to operate in one zone with a maximum capacity of
20 passengers ................................. $200.00
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(b) In addition to the fee specified in 5(2)(a) — (i) for each additional 10 passenger
carrying capacity or part thereof .... $100.00 (ii) for a licence to operate in more
than one zone, for each additional
zone ................................................ $100.00
(3)(a)
A combination of boat and land or boat and aircraft operations with a total passenger carrying capacity of
20 persons or less, authorised to operate in one zone and a maximum of 2 boats with a surveyed length of 7.5 m or less
but more than 4.5 m ....................... $500.00 (b) In addition to the fee specified in 5(3)(a) — (i) for each additional capacity of
10 passengers or part thereof .......... $250.00 (ii) for each additional associated
power boat with a surveyed length
not less than 4.5 m but not more
than 7.5 m ....................................... $250.00 (iii) for a licence to operate a boat in
more than one zone, for each
additional zone ............................... $500.00 ”.
16. Schedule 12 amended
Schedule 12 Part 2 is amended as follows:
(a)
in item 3 by inserting after “127(1),” — “ 128D, 128L, 128N, ”;
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(b)
in item 4 by inserting after “121(2)” — “
, 128A(1), 128C, 128F, 128H, 128I, 128K, 128M,
130A
”;
(c) in item 5 by deleting “and 55L(1)” and inserting “ , 55L(1), 128E, 128G(1), 128G(2), 128O, and 128P ”.
17. Schedule 15 added
After Schedule 14 the following Schedule is inserted —
“ Schedule 15 — Tour management zones
[r. 128A, 128J]
1. Zone 1: Pilbara/Kimberley
All land and waters, and the waters off the coast of Western Australia east of 114° 50 HDVW ORQJLWXGH QRUWK RI ƒ 46 south latitude, and west of the longitude passing through the border of Western Australia and the Northern Territory.
2. Zone 2: Gascoyne
All waters off the coast of Western Australia west of
114° 50 HDVW ORQJLWXGH DQG QRUWK RI ƒ VRXWK ODWLWXGH
and all land and waters north of 27° 00 VRXWK ODWLWXGH VRXWK
of 21° 46 VRXWK ODWLWXGH DQG ZHVW RI WKH ORQJLWXGH SDVVLQJ
through the border of Western Australia and the Northern
Territory or South Australia.3. Zone 3: West Coast
All land and waters, and all waters off the coast of Western land and waters of Zone 4.
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4. Zone 4: South Coast
All land and waters, and the waters off the coast of Western Australia east of 115° 30 HDVW ORQJLWXGH VRXWK RI ƒ 32 south latitude, and west of the longitude passing through the border of Western Australia and South Australia.
”.
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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