Fish Resources Management Amendment Regulations 2021 (WA)

2 July 2021 GOVERNMENT GAZETTE, WA 2929

FISHERIES

F1301

Fish Resources Management Act 1994

Fish Resources Management Amendment

Regulations 2021

SL 2021/118

Made by the Governor in Executive Council.

1.   Citation

These regulations are the Fish Resources Management

Amendment Regulations 2021.

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 3 amended

(1)	In regulation 3(1) delete the definitions of:
one day
whole fish
(2)	In regulation 3(1) insert in alphabetical order:

commercial purpose;

day trip —

(a) means a voyage undertaken by a person on a

boat; but

(b) does not include a voyage undertaken by a person on a boat if the voyage —

(i)     takes place over more than one day; or

(ii)    is undertaken on a fishing boat for a

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demersalfinfish means a fish of a species listed in

Schedule 3 Division 1 Subdivision 1 column 1 or

Subdivision 2 column 1;

extended fishing tour means a voyage undertaken by a

person on a charter boat that takes place over more than

one day;

large pelagic finfish means a fish of a species listed in

Schedule 3 Division 2 column 1;

one day means -

(a)	unless paragraph (b) applies - a period of 24 hours commencing at midnight; or
(b)	in relation to fishing for marron or prawns or fishing by means of a fishing net that is set - a period of 24 hours commencing at midday;

whole fish means a finfish that -

(a) in the case of any type of finfish. including a
large pelagic finfish -

(i)     is entire; or

(ii)     is entire except that it has been gilled or gutted, or both;

or

(b) in the case of a large pelagic finfish - has been
cut into a maximum of 2 pieces, but -

(i)     has not otherwise been modified; or

(ii)     has not otherwise been modified except that it has been gilled or gutted, or both.

(3)	In regulation 3(1) in the definition of single-sided fillet delete "fish;" and insert:
finfish;

5.            Regulation 14A deleted

Delete regulation 14A.

6.            Regulation 14 amended

(1)	Delete regulation 14(3).
(2)	In regulation 14(4) delete "or (3)".

2 July 2021 GOVERNMENT GAZETTE, WA 2931

(3)	In regulation 14(5) delete "Subregulations (3) and (4) do" and insert:
Subregulation (4) does
Note: The heading to amended regulation 14 is to read:

How certain types of finfish must be landed

7.            Regulation 16C deleted

Delete regulation 16C.

8.            Part 4 Division 3 Subdivision 1 heading replaced

Delete the heading to Part 4 Division 3 Subdivision I and insert:

Subdivision 1— Possession limits for finfish

9.            Regulation 16D replaced

Delete regulation 16D and insert:

16D.	Finfish possession limits (Act s. 51(1))
(1)	For the purposes of section 51(1) of the Act, the maximum quantity of finfish (other than Bait Fish, Garfish, Hardyhead or Mullet) that a person may be in possession of in the circumstances set out in column 1 of the Table is the quantity set out in column 2 opposite the circumstances.

Table

Column 1 Column 2

Item Circumstances Possession limit

1.	The fish is located	(a)	20 kg of fillets; or
anywhere.	(b)
10 kg of fillets and one fish or fish trunks; or
(c)
2 days' bag limit of trunks.
2.	Item 4 does not apply	(a)	20 kg of fillets, of
to the person and the	which any amount in
fish is located at a	excess of 10 kg is fillets
place that is not the	of large pelagic finfish
person's principal	that have the skin
place of residence.	attached; or

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Column 1 Column 2

Item Circumstances Possession limit

(b)

10 kg of fillets and one fish or fish trunks; or

(c)

2 days' bag limit of trunks.

3.	The person is on, or	(a)	Where all of the fish is
has just completed, a	filleted, 20 kg of fillets,
day trip and the fish	of which any amount in
were taken during the	excess of 10 kg is fillets
course of the trip,	of large pelagic finfish that have the skin attached; or
(b)	where not all of the fish is filleted, one day's bag limit of whole fish or
fish trunks, not more than 10 kg of which is filleted.
4.	The person is on, or	(a)	20 kg of fillets; or
has just completed,	(b)	10 kg of fillets and one
an extended fishing
tour and the fish were	day's bag limit of whole
taken during the	fish or fish trunks; or
course of the tour.	(c)
2 days' bag limit of trunks.
iS.
the Freycinet Estuary

The fish is located in (a) 5 kg of fillets; or

or the adjacent land	(b) one day's bag limit of
area west of Shark	whole fish or fish
Bay Road and north	trunks.
of Useless Loop Road.

6. The fish is located (a) 10 kg of fillets; or

in- (b) one day's bag limit of

(a) the Abroihos whole fish or fish

Islands reserve;	trunks.
or

(b) the Abroihos
Islands Fish
Habitat
Protection Area.

2 July 2021 GOVERNMENT GAZETTE, WA 2933

Column 1 Column 2

Item	Circumstances	Possession limit
7.	The fish is	2 barramundi.
barramundi and is located at a place that is not the person's principal place of residence.

Notes for this Table:

1.         The possession limit set out in item 1 applies to a person in each case.

2.          If 1 or more of the possession limits set out in items 2 to 7 also apply to the person, each of those limits and the limit set out in item 1 apply simultaneously.

(2) For the purposes of—

(a)	the Table to subregulation (1), fish on a boat that are not in the possession of any other person on the boat are taken to be in the possession of the master of the boat; and
(b)	determining the number of fish in a person's possession under column 2 paragraph (b) of item 3 or item 7 of the Table to
subregulation (1), 2 single-sided fillets are taken to be equivalent to 1 whole fish.

16DA. Dhufish on boats

The master of a boat, other than a fishing boat, being used for taking fish in the West Coast Region must ensure that the number of West Australian Dhufish on, or attached to, the boat, and any tender or other vessel operating with or attached to the boat, at any one

time -
(a)	if the boat is a charter boat - is not more than 6; or
(b)	otherwise - is not more than 2.

Penalty: a fine of $10000 and the penalty provided in

section 222 of the Act.

16DB. Fish on fishing boats (commercial)

(1) The master of a fishing boat must ensure that the
number of fish of the types specified in column 1 of an
item of the Table that are on, or attached to, the boat at
any one time does not exceed the number set out in
column 2 of that item.

2934 GOVERNMENT GAZETTE, WA 2 July 2021

Table

Column 1 Column 2

Item Types of fish Number of

fish

1.          Billfish (Marlins, Sailfish and

Spearfish)

Swordfish 0

Tuna, Southern Bluefin

2.           Tuna, Bigeye

Tuna, Yellowfin -

3.           Albacore

Mackerel, Blue

Mackerel, Common Jack Mackerel, Peruvian Jack Redbait

Scad, Yellowtail 10

Tuna, Longtail Tuna, Skipjack Fish of the Family Bramidae when

taken in WA waters outside the
200 m isobath

Penalty for this subregulation:

(a)	for an individual, a fine of $5 000;
(b)	for a body corporate, a fine of $10 000.

(2) This regulation does not apply -

(a)	to fish taken in accordance with a fishing permit or statutory fishing right granted under the Commonwealth Act; or
(b)	if all the fish held or transported on the fishing boat were taken solely for a non-commercial purpose.

(3) If this regulation applies, the fish referred to in
subregulation (1) are taken not to be in the possession
of a person for the purposes of regulation 16D.

2 July 2021 GOVERNMENT GAZETTE, WA 2935

10. Part 4 Division 3 Subdivision 2 heading inserted
Before regulation 16E insert:

Subdivision 2 - Possession limits for other fish

11.          Regulation 16E amended

(1)	Delete regulation 16E(l) to (3) and (3E).
(2)	Delete regulation 16E(5) and insert:
(5) For the purposes of subregulation (313), fish on a boat that are not in the possession of any other person on the boat are taken to be in the possession of the master of the boat.

12.         Regulation 16GB deleted

Delete regulation 16GB.

13.          Regulation 16GE deleted

Delete regulation 1 6GE.

14.          Part 4 Division 3 Subdivisions 3 and 4 deleted

Delete Part 4 Division 3 Subdivisions 3 and 4.

15. Regulation 21A inserted
At the beginning of Part 4 Division 4 insert:

21A. Terms used

(I)	In this Division - package means any type of wrapping, package or container; store, in relation to fish, includes the act of placing the fish in a refrigerator, freezer, icebox or other storage container.
(2)	For the purposes of this Division, a person is, in the absence of proof to the contrary, taken to have packaged or stored fish if the person uses or has control of—

(a)	a vehicle in which the fish is located; or
(b)	a refrigerator, freezer, icebox or other storage container in which the fish is stored.

2936 GOVERNMENT GAZETTE, WA 2 July 2021

16.         Regulation 22 amended

(1)	Delete regulation 22(1) and insert:
(1) A person who packages or stores finfish must ensure that a label, as described in subregulation (2), is securely attached -

(a)	to each package containing finfish; and
(b)	to each finfish that is stored other than in a package.

Penalty for this subregulation: a fine of $5 000 and the

penalty provided in section 222 of the Act.

(2) In regulation 22(2):

(a)	delete "subregulation (1)" and insert: subregulation (1),
(b)	in paragraphs (b) and (c) delete "fish" and insert: finfish

(3) In regulation 22(3):

(a)	in paragraphs (a) and (b) delete "fish" and insert: finfish
(b)	delete paragraph (c) and insert:
(c) Bait Fish, Garfish, Hardyhead or Mullet; or

(c)	in paragraph (d) delete "fish -" and insert: finfish -
(d)	in paragraph (d)(i) delete "fish; and" and insert: finfish and
(e)	in paragraph (d)(1 1) and (e) delete "fish" and insert: finfish

2 July 2021 GOVERNMENT GAZETTE, WA 2937

(1)	after paragraph (e) insert:
(ea) finfish to which the labelling requirements

under regulation 22AA apply; or

(g) in paragraph (f) delete "fish" (ist to 4' occurrences) and insert:

finfish

(h) in paragraph (0(i) delete "regulation 16D; and" and

insert:

regulation 16D(l) Table item 1; and

(i)     in paragraph (f)(ii) delete "fish" and insert: finfish

(4)	Delete regulation 22(4) and (5).
Note: The heading to amended regulation 22 is to read:

Labelling requirements for packed or stored finfish

17. Regulation 22AA inserted
At the end of Part 4 Division 4 insert:

22AA. Labelling requirements for higher quantity of

finfish taken on extended fishing tour

(1) This regulation applies if—

(a)	finfish (other than Bait Fish, Garfish,
Hardyhead or Mullet) are taken during an
extended fishing tour; and
(b)	the finfish are brought onto land by a person at the completion of the tour; and
(c)

the quantity of finfish brought onto land by the finfish set out in regulation 16D(1) Table item 2.

(2) A person who packages or stores the finfish must
ensure that a label, as described in subregulation (3), is
securely attached -

(a)	to each package containing the finfish; and
(b)	to each finfish that is stored other than in a package.

Penalty for this subregulation: a fine of $5 000 and the

penalty provided in section 222 of the Act.

2938 GOVERNMENT GAZETTE, WA 2 July 2021

(3) For the purposes of subregulation (2), a label must -

(a)	be not less than 75 mm in length and 25 mm in width; and
(b)	have legibly written on it -

(i)     the full name of the owner of the package or finfish to which the label is attached; and

(ii)     the name of the boat on which the extended fishing tour was undertaken; and

(iii)     the date on which the finfish was brought onto land following completion of the tour;

and

(c) be attached to the package or finfish in such a manner that it is clearly visible for inspection.

18.          Regulation 64AA amended

In regulation 64AA(2B):

(a)	delete paragraphs (b) and (c);
(b)	in paragraph (d) delete "purpose." and insert: purpose; and
(c)	after paragraph (d) insert:
(e) if the fish is a finfish -

(i)     the fish, or the package containing it, is labelled in accordance with

regulation 22 or 22AA; and

(ii)     the person whose name is on the label is staying in accommodation provided by the exempt business.

19.         Regulation 640AA amended

(1)	In regulation 640AA(l) delete the definition of demersal
scalefish.

(2) In regulation 640AA(3):

(a) delete "demersal scalefish" and insert:

demersal finfish

(b) delete "in the West Coast Region".

2 July 2021 GOVERNMENT GAZETTE, WA 2939

20.         Regulation 640E amended

(1)	In regulation 640E(l) delete "bait fish." and insert:
Bait Fish, Garfish, Hardyhead or Mullet.
(2)	At the end of regulation 640E(1) insert:

Penalty for this subregulation: a fine of $2 000.

(3)	In regulation 640E(2) delete "bait fish." and insert:
Bait Fish, Garfish, Hardyhead or Mullet.
(4)	At the end of regulation 640E(2) insert:

Penalty for this subregulation: a fine of $2 000.

(5)	Delete regulation 640E(4).
(6)	At the end of regulation MOE delete the Penalty.
Note: The heading to amended regulation 640E is to read:

Use of throw nets

21.         Regulation 64W amended

In regulation 64W(1)(b)(i) delete "regulation 161)(1); and" and insert:

regulation 16D(1) Table items 1, 2 and 4; and

22. Regulation 65A amended
In regulation 65A( 1) delete "(demersalfinfish)".

23.          Regulation 65B amended

In regulation 65B( 1) delete "(demersalfinfish)".

24.          Regulation 65C amended

In regulation 65C( 1) delete "(large pelagic finfish)".

25.         Regulation 156 amended

In regulation 156 in the Table:

(a) delete "14(3),";

2940 GOVERNMENT GAZETTE, WA 2 July 2021

(b) after "16B," insert:

I6DA,

(c) delete "22," and insert:

22(1), 22AA(2),

26.     Schedule 7 Division I amended

In Schedule 7 Division 1 delete "Family Epinephelidae" and insert:

Families Epinephelidae and Serranidae

27.    Schedule 12 Part 2 amended

In Schedule 12 Part 2:

(a) in item 3 delete "22," and insert:

22(1), 22AA(2),

(b)	in item 4 delete "14(3),";
(c)	in item 4 delete "640E," and insert:

60(1) and (2),

(d) in item 5 delete "16E(3E)," and insert:

IÔDA

V. MOLAN, Clerk of the Executive Council.