Fish Resources Management Amendment Regulations 2010 (WA)

584 GOVERNMENT GAZETTE, WA 12 February 2010

F1301*

Fish Resources Management Act 1994

Fish Resources Management Amendment

Regulations 2010

Made by the Governor in Executive Council.

1.           Citation

These regulations are the Fish Resources Management
Amendment Regulations 2010.

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 2 March 2010.

3.            Regulations amended

These regulations amend the Fish Resources Management
Regulations 1995.

4.            Part 11 Division 2 Subdivision 1 heading inserted

At the beginning of Part 11 Division 2 insert:

(1)	In this regulation —
boat means a vessel propelled by a motor.

Subdivision 1 — Recreational fishing licence

5.            Regulation 123 amended

Delete regulation 123(3).

6.            Part 11 Division 2 Subdivision 2 inserted

At the end of Part 11 Division 2 insert:

Subdivision 2— Recreational (boat) fishing licence

124B. Recreational (boat) fishing licence

12 February 2010 GOVERNMENT GAZETTE, WA 585

(2) A person who fishes by use of a boat must hold a

recreational (boat) fishing licence unless -

(a)	the person is not required to hold a recreational (boat) fishing licence under subregulation (3); or
(b)	the person is not required to hold a recreational (boat) fishing licence under subregulation (5); or
(c)	the person is fishing for a commercial purpose; or
(d)	the person is an Aboriginal person not required to hold a recreational fishing licence under section 6 of the Act.

Penalty: a fine of $2 000.

(3) A person (an unlicensed person) is not required to hold

a recreational (boat) fishing licence to fish by use of a
boat if the unlicensed person is fishing with another

person who holds a recreational (boat) fishing licence.

(4) For the purposes of determining whether a bag limit
has been exceeded, any fish taken by an unlicensed
person when fishing under the authority conferred by
subregulation (3) are to be regarded as having been
taken by the other person who holds a recreational

(boat) fishing licence.

(5) A person is not required to hold a recreational (boat)
fishing licence to fish by use of a boat if the person in
doing so engages only in an activity set Out in the Table
to regulation 124 for which the person holds a
recreational fishing licence specifying that the person
may engage in that activity.

(6) This regulation does not limit the operation of regulation 123.

124C. Grant of recreational (boat) fishing licence

If a person applies to the CEO, the CEO may grant to the person a recreational (boat) fishing licence.

7.            Regulation 136 amended

(I) At the beginning of regulation 136 insert:

(1) In this regulation -

recreational fishing licence includes a recreational
(boat) fishing licence applied for under
regulation 124C.

586 GOVERNMENT GAZETTE, WA 12 February 2010

(2) In regulation 136 delete "Where" and insert:

(2) Where

8. Regulation 137 amended
After regulation 13 7(5) insert:

(6) If—

(a)	an application is made under regulation 124; and
(b)	the application relates to 2 or more of the activities set Out in the Table to that regulation,

the fees set Out in Schedule 1 Part 3 item 8 to be paid in
respect of the grant of the recreational fishing licence

are each to be reduced by 10%.

(7) Subregulation (8) applies if—

(a)	an application is made by a person under regulation 124 relating to one or more of the activities set out in the Table to that regulation; and
(b)	at the same time an application is made by the person under regulation 124C.

(8) If this subregulation applies -

(a)	the fee or fees set out in Schedule 1 Part 3 item 8 to be paid in respect of the grant of the recreational fishing licence; and
(b)	the fee set Out in Schedule 1 Part 3 item 9 to be paid in respect of the grant of the recreational

(boat) fishing licence,

are each to be reduced by 10%.

9.            Schedule 1 amended

(1)

Delete Schedule 1 Part 2 item 4.

(2)

At the end of Schedule 1 Part 3 insert:

8.

Recreational fishing licence (r. 124)-

(a)	fishing for rock lobster	40.00
(b)	fishing for marron	40.00
(c)	fishing for abalone	40.00

12 February 2010 GOVERNMENT GAZETTE, WA 587

(d) fishing for all freshwater fish (other than

crustaceans) in waters south of 29 degrees

south latitude above the tidal influence

including all lakes, dams, rivers and their

tributaries 40.00
(e)	fishing by means of a fishing net 40.00

9. Recreational (boat) fishing licence (r. 124C) 30.00

10.          Schedule 12 amended

In Schedule 12 Part 2 item 3 after "123(1)," insert:

124B(2),

By Command of the Governor,

PETER CONRAN, Clerk of the Executive Council.