Fish Resources Management Amendment Regulations 2009 (WA)

13 February 2009 GOVERNMENT GAZETTE, WA 297

Amendment Regulations 2009.

F1301*

Fish Resources Management Act 1994

Fish Resources Management Amendment

Regulations 2009

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Fish Resources Management

298 GOVERNMENT GAZETTE, WA 13 February 2009

2.            Commencement

These regulations come into operation as follows -

(a)	regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations - on the day after that day.

3.           Regulations amended

These regulations amend the Fish Resources Management
Regulations 1995.

4.            Regulation 11 amended

(1) In regulation 11(4)(b) delete "length" and insert:

length, within the meaning in Schedule 2 Part 2

Division 2,

(2)	Delete regulation 11(5) and insert:
(5) For the purposes of section 48(c) of the Act, where the fish the subject of an offence is a totally protected whaler shark other than a dusky shark, it is a defence that the fish was taken by a person acting under a managed fishery licence granted in respect of a managed fishery the management plan for which specifically allows for the taking of sharks or rays.

5.            Regulation 14 amended

(1)	In regulation 14(1) in the Table insert in alphabetic order:
whaler shark brought onto land in the West Coast Region or

the South Coast Region

(2) In regulation 14(3):

(a) in paragraph (b)(ii) delete "overnight." and insert:

overnight;

(b) after paragraph (b)(ii) insert:

or

(c) whaler shark that is a fish trunk.

13 February 2009 GOVERNMENT GAZETTE, WA 299

6. Schedule 2 amended
In Schedule 2 Part 2 Division 2:

(a) insert in alphabetic order:

Cod in Rowley Shoals Marine Park.

Fish of Class Anthozoa and Class Hydrozoa in Rowley Shoals Marine

Park.

Molluscs, other than cuttlefish, squid and octopus, in Rowley Shoals

Marine Park.

Shark, Whaler -

(a) taken from the waters of-

(i)      the South Coast Region; or

(ii)      the West Coast Region;

and

(b) with an interdorsal fin length of 70 cm or greater.

Wrasse in Rowley Shoals Marine Park.

(b) after the last item insert:

In this Division -

interdorsalfin length means the distance between the first

and second dorsal fins measured -

(a) from-

(i)      the first dorsal fin origin; or

(ii)      if all or part of that fin has been removed so that point of origin cannot be ascertained, the anterior end of the cut made to remove the fin or that part of the fin;

(b) to-

(i)      the second dorsal fin insertion; or

(ii)      if all or part of that fin has been removed so that point of insertion cannot be ascertained, the posterior end of the cut made to remove the fin or that part of the fin;

Rowley Shoals Marine Park means all waters reserved under the Conservation and Land Management Act 1984 section 13 as Class "A" Marine Reserve No. 3, Rowley Shoals Marine Park.

7.            Schedule 7 amended

(1) In Schedule 7 Division 1 insert in alphabetic order:

Shark, Whaler ........................Family Carcharhinidae

300 GOVERNMENT GAZETTE, WA 13 February 2009

(2) In Schedule 7 Division 5 delete the item relating to Coral.

8.	Schedule 12 amended In Schedule 12 Part 1 after item 6 insert:
7A. Section 96 400.00

By Command of the Governor,

PETER F. CONRAN, Clerk of the Executive Council.