Fish Resources Management Amendment Regulations (No. 16) 2009 (WA)

!200900200GG!

WESTERN	4411
AUSTRALIAN
GOVERNMENT

ISSN 1448-949X PRINT POST APPROVED PP665002/00041

PERTH, THURSDAY, 5 NOVEMBER 2009 No. 200 SPECIAL

PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.30 PM

© STATE OF WESTERN AUSTRALIA

Fish Resources Management Act 1994

Fish Resources Management Amendment

Regulations (No. 16) 2009

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Fish Resources Management
Amendment Regulations (No. 16) 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.

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Fish Resources Management Amendment Regulations (No. 16) 2009

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4.             Regulation 36 amended

After regulation 36(1) insert:

(2A) Subregulation (1)(a) does not apply in respect of a
licensed carrier boat carrying unbaited rock lobster pots
under the terms of its licence.

5.             Regulation 64 amended

After regulation 64(4) insert:

(5A) A person who is the holder of a fish processor’s licence
that authorises the processing of western rock lobster
must submit a return to the Department regarding the
western rock lobster received each week during the
period commencing 15 November and ending on
30 June in any year and must —

(a)	use the relevant form approved by the CEO; and
(b)	send the return relating to each week —

(i)      to the head office of the Department in Perth; or

(ii)      if another office of the Department is specified in the relevant form, to that office,

to arrive —

(iii)      not later than the Tuesday of the following week; or

(iv)      if a later day is specified in the form, not later than that day.

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6.             Schedule 2 Part 2 Division 5 amended

In Schedule 2 Part 2 Division 5:

(a) delete the item that begins with “Rock Lobster,

Western —” and insert:

Rock Lobster, Western ............................................................... 77

(b) in the first item that begins with “Rock Lobster, Western,

female —” delete “115” and insert:

105

(c) delete the second item that begins with “Rock Lobster,

Western, female —” and insert:

Rock Lobster, Western, female —

(a)	taken from; or
(b)	in the possession of a person on a boat moored or anchored in; or
(c)	brought ashore from,
the waters between 21° 44′ and 30° south latitude ...........	95

7.             Schedule 13 Part 2 amended

(1)	Before Schedule 13 clause 2 insert:
2A.	Term used: Western Rock Lobster Managed Fishery
In this Part —
West Coast Rock Lobster Managed Fishery means the West Coast Rock Lobster Managed Fishery declared under the West Coast Rock Lobster Management Plan 1993.

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(2)	In Schedule 13 clause 3(2)(a) delete “and not less than
54 millimetres in height (see Diagram 1 in the Table); and” and
insert:

and —

(i)

if used in the West Coast Rock Lobster 55 millimetres in height; or

(ii)      otherwise — not less than 54 millimetres in height (see Diagram 1 in the Table);

and

(3)	In Schedule 13 clause 4(2) delete “and not less than 54 millimetres
in height.” and insert:

and —

(a)	if used in the West Coast Rock Lobster Managed Fishery — not less than 55 millimetres in height; or
(b)	otherwise — not less than 54 millimetres in height.

(4)	In Schedule 13 clause 5(2) delete “and not less than 54 millimetres
in height.” and insert:

and —

(a)	if used in the West Coast Rock Lobster Managed Fishery — not less than 55 millimetres in height; or
(b)	otherwise — not less than 54 millimetres in height.

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(5)	In Schedule 13 clause 6(2) delete “and not less than 54 millimetres
in height (see Diagram 1 in the Table).” and insert:

and —

(a)	if used in the West Coast Rock Lobster Managed Fishery — not less than 55 millimetres in height; or
(b)	otherwise — not less than 54 millimetres in height.

(6)	In Schedule 13 in the heading to Diagram 1 in the Table delete “3(2)(a), 6(2)” and insert:
3(2)(a)(ii)

By Command of the Governor,

PETER CONRAN, Clerk of the Executive Council.

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