Fish Resources Management Amendment Regulations (No. 11) 2002 (WA)

5654 GOVERNMENT GAZETTE, WA 29 November 2002

F1303*

Fish Resources Management Act 1994

Fish Resources Management Amendment

Regulations (No. 11) 2002

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Fish Resources Management Amendment Regulations (No. 11) 2002.

2.            The regulations amended

The amendments in these regulations are to the Fish Resources
Management Regulations 1995*•

[* Reprinted as at 17 May 2002.

For amendments to 20 November 2002 see Gazette 28 June and 10 September 2002.]

3.             Regulation 31A replaced

Regulation 31A is repealed and the following regulation is inserted instead -

31A. Certain bait not to be used, or carried on a boat, to
fish for rock lobster

(1) A person must not fish for rock lobster using as bait -

(a)	any bovine material other than gelatine or tallow;
(b)	any skin or hide;
(c)	anything to which any mammal skin or hide is attached; or
(d)	any lobster material.

attached; or

Penalty: $10 000 and the penalty provided in

section 222 of the Act.

(2) The master of a boat used or intended to be used to fish

for rock lobster must not cause or permit to be carried

on the boat -

(a)	any bovine material other than gelatine or tallow;
(b)	any skin or hide;
(c)	anything to which any mammal skin or hide is

29 November 2002 GOVERNMENT GAZETTE, WA 5655

(d) any lobster material,

for use as bait.

Penalty: $10 000.

(3)	Subregulations (1)(b) and (2)(b) do not apply to the skin of any fish other than rock lobster.
(4)	It is a defence in proceedings for an offence against subregulation (2) that the bovine material or skin or hide -

(a)	was food intended for human consumption; or
(b)	was human clothing intended to be used as human clothing.

4.            Regulation 56A inserted

After regulation 56 the following regulation is inserted -

Prohibition on fishing with hooks attached to rock lobster pot, float lines, moorings, anchors etc.

A person must not fish using a fish hook attached to -

(a)	a rock lobster pot;
(b)	a float line or float line attached to a rock lobster pot;
(c)	a boat mooring or mooring line; or
(d)	a boat anchor or anchor line.

Penalty: For a first offence $5 000 or, for a second or

subsequent offence, $10 000 and, for any
offence, the penalty provided in section 222 of

the Act.

5.            Regulation 156 amended

The Table to regulation 156 is amended by inserting after
"4 1," -

56A,

6.            Regulation 158 amended

Regulation 158 is amended in the Table under the heading "Provision of these regulations" after "33," by inserting -

" 34, ,,.

7. Schedule 12 amended
Schedule 12 Part 2 item 4 is amended by inserting after "41," -

44

56A.,

5656 GOVERNMENT GAZETTE, WA 29 November 2002

8.            Schedule 13 amended

(1) Schedule 13 clause 3(2)is amended as follows:

(a)	by inserting after paragraph (a) - " and ";
(b)	by deleting paragraph (b) and "and" after it.

(2) After Schedule 13 clause 3(3) the following subclauses are

inserted -

44

(4) A beehive rock lobster pot that is constructed using stick or

cane or both stick and cane, unless approved by the externally -

(a)	975 millimetres in diameter; and
(b)	470 millimetres in height.

(5) In determining the external dimensions under subclause (4)
the measuring points are those specified in Diagram 10 in
the Table.

(6) A beehive rock lobster pot that is constructed using a

material other than stick or cane, is not to exceed, when

measured internally -

(a)	925 millimetres in diameter; and
(b)	420 millimetres in height.

(7) In determining the internal dimensions under subclause (6)

the measuring points are those specified in Diagram 11 in

the Table.

(3) Schedule 13 clause 5(1) is amended by inserting after "plastic

rock lobster pots" -

" that are not beehive pots ".

(4) The Table to Schedule 13 is amended by inserting the following

diagrams after Diagram 9 -

44

Diagram 10 - Beehive Pots

(Clause 3(5))

470mm

I_________ _________ _

975 mm

All measurements are external

29 November 2002 GOVERNMENT GAZETTE, WA 5657

Diagram 11 — Beehive Pots

(Clause 3(7))

I 420mm

925mm

All measurements are internal

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.