Fish Resources Management Amendment Regulations (No. 2) 2008 (WA)

!200800081GG!

WESTERN	2055
AUSTRALIAN
GOVERNMENT

ISSN 1448-949X PRINT POST APPROVED PP665002/00041

PERTH, THURSDAY, 29 MAY 2008 No. 81 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. 2) 2008

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Fish Resources Management
Amendment Regulations (No. 2) 2008.

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.             The regulations amended

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

4.             Regulation 16D amended

(1) Regulation 16D(1) is amended by deleting “, other than at the person’s principal place of residence” and inserting instead — “

in circumstances other than those to which

regulation 16E(2) or (3) applies

”.

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Fish Resources Management Amendment Regulations (No. 2) 2008

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(2) Regulation 16D(2) is amended as follows:

(a)	by deleting “16E(2) and (3), 16G,”;
(b)	by deleting “, 16K”.

5.             Regulation 16K repealed

Regulation 16K is repealed.

6.             Regulation 16L amended

Regulation 16L is amended as follows:

(a) at the beginning of the regulation by inserting —

“

(1)	In this regulation —
“Exmouth townsite” means the area of land

constituting the townsite of Exmouth for the

purposes of the Land Administration Act 1997;

“Ningaloo Marine Park Land Zone” means all

land —

(a)	between 24° 01.8636′ south latitude (Red Bluff) and 21° 52.9218′ south latitude and west of the North West Coastal Highway,
Learmonth-Minilya and Murat Roads but excluding Exmouth townsite; and
(b)	on North West Cape, north of 21° 52.9218′ south latitude.

”;

(b)	before “For” by inserting the subregulation designation “(2)”;
(c)	in paragraphs (b) and (c) by deleting “, as referred to in regulation 16K(2)”.

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Fish Resources Management Amendment Regulations (No. 2) 2008

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7.             Regulation 22 amended

Regulation 22(1)(b)(i) and (ii) are amended by deleting
“regulation 16K(2)” and inserting instead —

“ regulation 16L(1) ”.

8.             Regulation 64ZCA amended

Regulation 64ZCA(2) is amended in the definition of “Ningaloo
Marine Park Land Zone” by deleting “regulation 16K(2);” and
inserting instead —

“ regulation 16L(1); ”.

9.             Part 4B Division 4 inserted

After Part 4B Division 3 the following Division is inserted —

“

Division 4 — Grouped bag limit for certain finfish for

fishing tours

64ZL. Grouped bag limit for category 1 finfish for a
person on a fishing tour

(1)	In this regulation —
“category 1 finfish” means a finfish referred to in

Schedule 4 under the heading “Category 1 fish”;

“fishing tour” means an activity —

(a)	that is conducted under the authority of a fishing tour operator’s licence; or
(b)	that would be required to be conducted under the authority of a fishing tour operator’s licence if the activity were conducted in a zone set out in Schedule 15.

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Fish Resources Management Amendment Regulations (No. 2) 2008

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(2) The bag limit prescribed by subregulation (3)
applies —

(a)	in respect of a person who is participating in a fishing tour on or from a boat; and
(b)	subject to regulations 64Y, 64Z, 64ZA, 64ZAA, 64ZG and 64ZK.

(3) For the purposes of section 50 of the Act, the bag limit for one day in respect of category 1 finfish is 4 fish of that category.

”.

10.           Schedule 2 amended

(1)	Schedule 2 Part 2 Division 3 Subdivision 1 clause 2(1) is amended by deleting “Protection Area during the period beginning 1 November in a year and ending on 31 January in the following year.” and inserting instead —
“ Habitat Protection Area. ”.
(2)	Schedule 2 Part 2 Division 3 Subdivision 1 clause 2(2) is amended by deleting “ “Abrolhos Island Fish Protection Area” ” and inserting instead —
“ “Abrolhos Islands Fish Habitat Protection Area” ”.
(3)	After Schedule 2 Part 2 Division 3 Subdivision 1 clause 3 the following clause is inserted —

“

4.              Blue Groper

(1) Blue Groper —

(a)	taken or brought onto land from the waters of the Rottnest Island Reserve; or
(b)	in the possession of a person on the Rottnest Island Reserve.

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Fish Resources Management Amendment Regulations (No. 2) 2008

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(2)	In subclause 1 —
“Rottnest Island Reserve” has the meaning given in the

Rottnest Island Authority Act 1987 section 4.

”.

11.           Schedule 14 amended

Schedule 14 Form 2 is amended by deleting “complaint made”
and inserting instead —

“ application supported by evidence ”.

By Command of the Governor,

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