Fish Resources Management Amendment Regulations (No. 18) 2009 (WA)

Case
No judgment structure available for this case.

8 December 2009 GOVERNMENT GAZETTE, WA 4993

F1302*

1. Citation
These regulations are the Fish Resources Management
Amendment Regulations (No. 18) 2009.

Fish Resources Management Act 1994

Fish Resources Management Amendment

Regulations (No. 18) 2009

Made by the Governor in Executive Council.

4994 GOVERNMENT GAZETTE, WA 8 December 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 16 December 2009.

3.            Regulations amended

These regulations amend the Fish Resources Management
Regulations 1995.

4.            Regulation 16E amended

(1) In regulation 16E(1) delete the definition of West Coast Region
Division 1 fish.
(2) In regulation 16E(1) insert in alphabetical order:

charter boat means a boat that is used to conduct a
fishing tour for a commercial purpose in accordance
with a fishing tour operator's licence or a restricted

fishing tour operator's licence;

(3) In regulation 16E(l) in the definition of single-sided fillet delete
"fish;" and insert:
fish.
(4) Delete regulation 16E(3E) and (3F) and insert:

(3E) 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)

if the boat is other than a charter boat - is not more than 2.

Penalty: a fine of $10 000 and the penalty provided in

section 222 of the Act.

8 December 2009 GOVERNMENT GAZETTE, WA 4995
5. Regulation 64N amended
In regulation 64N delete "This" and insert:

Except as stated in regulation 640AA, this

6.           Regulation 640AA inserted

At the end of Part 4A Division 3 insert:

640AA. Release weight to be on boat used for fishing for

demersal scalefish in West Coast Region

(1) In this regulation -

demersal scalefish has the meaning given in

regulation 45(1);

release weight means a weight that -

(a)

for the purpose of returning to the seabed a live fish that has been taken, is able to be attached to the fish; and

(b)

is able to be detached from the fish when it reaches the seabed;

West Coast Demersal Scalefish (Interim) Managed

Fishery means the fishery declared under the West
Coast Demersal Scalefish (Interim) Management

Plan 2007.

(2) If a person is fishing from a fishing boat under the

authority conferred by a managed fishery licence that
applies to the West Coast Demersal Scalefish (Interim)
Managed Fishery, the master of the boat must ensure
that there is a release weight on the boat.

Penalty: $2 000.

(3) If a person is fishing for demersal scalefish from a boat, other than a fishing boat, in the West Coast
Region by means of a line, the master of the boat must
ensure that there is a release weight on the boat.
Penalty: $2 000.

7.            Regulation 64ZA amended

In regulation 64ZA(3) after "Division 1," insert:

2A,

4996 GOVERNMENT GAZETTE, WA 8 December 2009

8.             Schedule 2 amended

In Schedule 2 Part 2 Division 3 Subdivision 2 in the item relating to Snapper, Pink delete paragraph (a) and insert:

(a) when taken or brought onto land from the waters of the West Coast Region that are south of3l° 00' south latitude............................... 500

9.             Schedule 3 amended

(1) Delete Schedule 3 Part 3 Division I and insert:

Division 1 - Grouped bag limit of 2 fish (demersal scalefish)

Species, or Grouped bag
group of limit of all
Fish species, bag species in this
limit for Division for
one day one day

Cod (cobined, except Coral Trout and

Coronation Trout) .................................................. 2

Cod classified as Epinephelus spp., in excess

of 30 kg in weight or 1000 mm in length................ 0
Coral Trout and Coronation Trout (combined) ......1
Dhufish, West Australian ....................................... 1
Emperor and Seabream (combined) ....................... 2
Foxfish, Western and Pigfish (combined) ............. 2
Groper, Blue .......................................................... 1 2

Hapuku, Trevalla, Bass Groper and Grey

Banded Rock Cod (combined) ............................... 2

Parrot Fish (combined) .......................................... 2
Sea Perch, Tropical (combined) ............................. 2
Snapper, Pink ......................................................... 2
Snapper, Queen ...................................................... 2

Snapper, Red (Redfish) and Swallowtail

(combined) ............................................................. 2

Tuskfish and Baldchin Groper (combined) ............2

8 December 2009 GOVERNMENT GAZETTE, WA 4997

Division 2A - GrouDed baQ limit of 2 fish (DelaQic sDecies

Species, or Grouped bag
group of limit of all
Fish species, bag species in the
limit for Division for
one day one day
Barracuda .............................................................. 2

Billfish, Sailfish, Spearfish and Marlins and

Swordfish (combined) .......................................... 1

Cobia..................................................................... 2

Dolphinfish (Mahi Mahi) ...................................... 2 2
Mackerel, Broad-barred Spanish and
Narrow-barred Spanish (combined) ..................... 2
Mackerel, Shark .................................................... 2
Mackerel, Wahoo ................................................. 2

Samson Fish, Amberjack and Yellowtail

Kingfish (combined) ............................................. 2
Trevally, Giant and Golden (combined) ............... 2
Tuna, Southern Bluefin, Yellowfin and Bigeye
(combined) ............................................................ 2

(2) In Schedule 3 Part 3 Division 2 insert in alphabetical order:

Cobbler.................................................................4

Mulloway..............................................................2

Salmon, Australian ...............................................4

Sharks and Rays (combined) ................................2

Trout, Brown and Rainbow (combined) ...............4

10.           Schedule 7 amended

In Schedule 7 Division 1 in the item relating to Cod, Grey Banded Rock delete "Epinephelus octofasciatus" and insert:

Hyporthodus octofasciatus

11.           Schedule 12 amended

(1) In Schedule 12 Part 2 item 4:

(a) delete "16E(3E), 16E(3F),";
(b) after "640," insert:
640AA(2), 640AA(3),
4998 GOVERNMENT GAZETTE, WA 8 December 2009

(2) In Schedule 12 Part 2 item 5 after "Regulations" insert:

16E(3E),

By Command of the Governor,

PETER CONRAN, Clerk of the Executive Council.

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0