Fish Resources Management Amendment Regulations (No. 3) 2005 (WA)

4 November 2005 GOVERNMENT GAZETTE, WA 5299

FISHERIES

FI301*

Amendment Regulations (No. 3) 2005.

Fish Resources Management Act 1994

Fish Resources Management Amendment

Regulations (No. 3) 2005

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Fish Resources Management

5300 GOVERNMENT GAZETTE, WA 4 November 2005

2.            The regulations amended

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

[* Reprint 4 as at 14 November 2003.

For amendments to 5 September 2005 see Western Australian

Legislation Information Tables for 2004, Table 4, p.	130-1,
and Gazette 1 March, 3 June and 22 July 2005.]

3.            Regulation 3 amended

(1) Regulation 3(1) is amended by inserting in the appropriate
alphabetical positions the following definitions -

"fish trunk" means -

(a) a finfish that would be a whole fish except

that -

(i)     all of its head; and

(ii)     all of its tail,

has been removed;

(b) a low risk finfish that would be a whole fish except that all, or any part of, its head, tail or scales has been removed; or

(c) a shark that would be a whole fish except

that -

(i)     all of its head;

(ii)     all of its tail; and

(iii)     one or more of its fins,

has been removed;

"lawful overnight stay on an island" means staying

on an island -

(a)	for a period of at least 5 hours which
includes midnight; and
(b)	without contravening any relevant written law about -
(i) accommodation on the island; or

(ii)     staying overnight on the island;

"low risk finfish" has the same meaning as in

regulation 16(1);

"metropolitan waters" means all WA waters between

31° 29.580' south latitude (northern wall of the
Two Rocks Marina) and 320 4 1.453' south latitude

(Cape Bouvard);

"special risk finfish" has the same meaning as in

regulation 14(1);

4 November 2005 GOVERNMENT GAZETTE, WA 5301

"western gulf land area" means the land adjacent to

the waters of the Shark Bay western gulf;

(2)	Regulation 3(l) is amended by deleting the definition of "fillet" and inserting instead -
44

"Fillet" means any part or piece of a finfish, other than a whole fish, fish trunk, head, tail, fin or a product of gilling or gutting the fish;

(3)	Regulation 3(1) is amended by deleting the full stop at the end of the definition of"Lancelin Island Lagoon" and inserting instead a semicolon.
(4)	Regulation 3(1) is amended in the definition of "Ningaloo Marine Park" by deleting "of the Indian Ocean and Exmouth Gulf within the boundaries of the Ningaloo Marine Park Reserve No. 2 shown on Department of Conservation and Land Management Plan No. 1735;" and inserting instead -

"

reserved under section 13 of the Conservation and Land Management Act 1984 as Class "A" Marine Park Reserve No. 2, Ningaloo Marine Park;

(5)	Regulation 3(1) is amended by deleting "Region" means" and inserting instead -
" "region" means
(6)	Regulation 3(1) is amended in the definition of "whole fish" by deleting "a fish" and inserting instead -
" a finfish "

4. Regulation 3A repealed
Regulation 3A is repealed.

5.            Part 4 Division 2 replaced

Part 4 Division 2 is repealed and the following Division is inserted instead -

Division 2 - Requirements regarding fish trunks

and fillets

14. Special risk finfish to be landed as whole fish in
certain areas

(1) In this regulation -

"special risk finfish" means a finfish referred to in

column 1 of the Table to this subregulation if it is

5302 GOVERNMENT GAZETTE, WA 4 November 2005

brought onto land as specified in column 2 of that

Table opposite the fish.

Special risk finfish

finfish	brought onto land
barramundi	brought onto land in the Ord River area, as defined in regulation 64ZF
barramundi	brought onto land from the waters of King Sound south of 17° 27' south latitude, including all waters of the Fitzroy River and its tributaries
black bream	brought onto land from the waters of the Swan River or Canning River
estuary cod	brought onto land anywhere in the State
rnalabar cod	brought onto land anywhere in the State
pink snapper	brought onto land in the West Coast Region from waters south of3l° 29.580' south latitude and north of 32° 41.453' south latitude

Queensland groper brought onto land anywhere in
the State

tailor brought onto land in the West
Coast Region

(2) A person must not bring onto land a finfish that is a
special risk finfish when brought onto that land unless
it is a whole fish.
Penalty: $3 000 and the penalty provided in section 222 of the Act.

(3) Subregulation (2) does not apply to, or in respect of—

(a)	finfish taken for a commercial purpose in accordance with an authorisation; or
(b)	finfish if it -

(i)      was brought by the person onto the mainland following a lawful overnight stay on an island by the person; and

(ii)      had been brought onto the island, and kept there while the person stayed there overnight.

4 November 2005 GOVERNMENT GAZETTE, WA 5303

15.	High risk finfish to be landed as whole fish, fish trunks or fillets of a certain description
(1)	In this regulation - "high risk finfish" means all finfish other than

(a)	low risk finfish; and
(b)	special risk finfish.

(2) Subject to regulation 16A, a person must not bring onto

land a finfish that is a high risk finfish when brought

onto land unless it is -

(a)	a whole fish; or
(b)	a fish trunk or fillet that -

(i)     has the skin and scales attached;

(ii)      is at least 300 mm in length;

(iii)      is packaged flat;

(iv)      is packaged so that it is easily accessible for measurement and identification; and

(v)     where the fish is frozen, can be measured and identified without being thawed.

Penalty: $3 000 and the penalty provided in section 222

of the Act.

(3) Subregulation (2) does not apply to, or in respect of—

(a)	finfish taken for a commercial purpose in accordance with an authorisation; or
(b)	finfish if it -

(i)     was brought by the person onto the mainland following a lawful overnight stay on an island by the person; and

(ii)	had been brought onto the island, and
kept there while the person stayed there
overnight.

16.          Low risk finfish to be landed as whole fish, fish trunks or fillets with the skin attached

(1) In this regulation -
"low risk finfish" means a finfish of a class specified

in Schedule 3 -

(a)	Part 1 Division 3 if it is brought onto land in the Gascoyne Region;
(b)	Part 2 Division 3 if it is brought onto land in the Pilbara and Kimberley Region or in the South Coast Region; or
(c)	Part 3 Division 3 if it is brought onto land in the West Coast Region.

5304 GOVERNMENT GAZETTE, WA 4 November 2005

(2) Subject to regulation 16A, a person must not bring onto

land a finfish that is a low risk finfish in the region

where it is brought onto land unless it is -

(a)	a whole fish; or
(b)	a fish trunk or fillet that has the skin attached.

Penalty: $1000 and the penalty provided in section 222

of the Act.

(3) Subregulation (2) does not apply to, or in respect of—

(a)	finfish taken for a commercial purpose in accordance with an authorisation; or
(b)	finfish if it -

(i)     was brought by the person onto the mainland following a lawful overnight stay on an island by the person; and

(ii)     had been brought onto the island, and kept there while the person stayed there overnight.

16A. Finfish at Shark Bay

(1) Subject to subregulations (2) and (3) -

(a)	a person on a boat in the waters of the Shark Bay eastern gulf or the waters of the Shark Bay western gulf must not be in possession of a finfish unless it is a whole fish;
(b)	a person must not bring onto the eastern gulf land area or the western gulf land area, a finfish unless it is a whole fish; and
(c)	the master of a boat in the waters of the Shark Bay eastern gulf or the waters of the Shark Bay western gulf must ensure that there is not any finfish on the boat unless it is a whole fish.

Penalty: $3 000 and the penalty provided in section 222 of the Act.

(2) Subregulation (1) does not apply to, or in respect of, -

(a)	finfish taken for a commercial purpose in accordance with an authorisation; or
(b)	mackerel or tuna of the Family Scombridae that is a fish trunk or fillet that -

(i)     has the skin and scales attached;

(ii)     is at least 300 mm in length;

(iii) is packaged flat;

(iv) is packaged so that it is easily accessible

for measurement and identification; and

4 November 2005 GOVERNMENT GAZETTE, WA 5305

(v)     where the fish is frozen, can be measured and identified without being thawed,

and if the fish is filleted, each fillet -

(vi)     is taken from one side only of the fish; and

(vii)     has the skin and pectoral fin intact and attached to the fillet.

(3) Subregulation (1)(a) and (c) do not apply to, or in

respect of, a finfish, other than pink snapper, if the fish

Is -

(a)	being consumed on the boat; or
(b)	prepared, or being prepared, for the purpose of immediate consumption on the boat.

(4) This regulation applies despite anything to the contrary

in, or any inconsistent provision of, regulation 15

or 16.

16B.	Filleting of sharks - commercial fishing
(1)	A master of a fishing boat must ensure that there is not any shark on the boat other than a whole shark.
(2)	A person must not bring onto land any shark taken for a commercial purpose in accordance with an authorisation other than a whole shark.
(3)	Despite subregulations (1) and (2), a person may bring onto land, and the master of a fishing boat may be in possession on the boat of—

(a)	a shark that has been gutted;
(b)	a shark that has had its head removed; or
(c)	parts of a shark, but only if-

(i)	all the parts of the shark; or
(ii)	all the parts of the shark other than a part that may be removed under paragraph (a) or (b),

are on the boat or brought ashore together.

Penalty: $10 000. ,,

5306 GOVERNMENT GAZETTE, WA 4 November 2005

6.            Subdivision 1A inserted in Part 4 Division 3

After the heading to Part 4 Division 3 the following subdivision is inserted -

Subdivision 1A l reli mmiv

16C.	Finfish excludes baitfish in this Division
In this Division - "finfish" does not include fish of the Family

Atherinidae, Clupeidae, Engraulidae or

Hemirhamphidae.

16CA. Where possession limit is referred to in terms of

bag limit

(1)	The bag limit that applies in respect of fish that a person is in possession of is the bag limit that applies in any region or other area of the State in which the person is in possession of any fish which would permit the person to be in possession of the greatest number of fish.
(2)	Despite subregulation (1), the maximum quantity of fish that a person may be in possession of must not exceed the bag limit that applies in respect of the fish in the region or other area of the State where the fish is, or are, located.

7.            Regulation 16D amended

(1) Regulation 161)(1) is amended as follows:

(a) in paragraph (b) by inserting after "whole fish" -

46

or fish trunks ";

(b) in paragraph (c) by inserting after "whole fish" -

46

or fish trunks ".

(2) Regulation 161)(2) is amended by deleting "16E(1)" and

inserting instead -
" 16E(2) and (3)

8.            Regulation 16E amended

(1) Regulation 16E(1), (2) and (3) are repealed and the following regulations are inserted instead -

44

(1) In this regulation -

"day trip" means a voyage undertaken by a person on

a boat, except a voyage which -
(a) has taken place over more than one day; or

4 November 2005 GOVERNMENT GAZETTE, WA 5307

(b) follows a lawful overnight stay on an island

by the person and ends on the mainland;

"single-sided fillet" means a fillet that is taken from

one side only of a fish.

(2) For the purposes of section 51(1) of the Act, the

maximum quantity of finfish that a person on a boat
may be in possession of where the person is on, or has

just completed, a day trip is -

(a)	where all of the fish is filleted, 20 kg of fillets of fish; or
(b)	where not all of the fish is filleted, one day's bag limit of whole fish or fish trunk, not more than 10 kg of which is filleted.

(3) For the purposes of section 5 1(1) of the Act, the

maximum quantity of finfish that the master of a boat
may be in possession of on the boat where the master is

on or has just completed, a day trip, is -

(a)	where all of the fish is filleted, 20 kg of fillets of fish; 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.

(3a) For the purposes of section 5 1(1) of the Act, the

maximum quantity of fish of the species referred to in
this subregulation that a person on a boat may be in
possession of on that boat where it is being used by 2

or more persons for taking fish is -

(a)	twice the bag limit of blue manna crabs;
(b)	twice the bag limit of cuttlefish, octopus or squid;

(c)	twice the bag limit of rock lobster; and
(d)	twice the bag limit of brownlip or greenlip abalone.

(3b) For the purposes of section 51(1) of the Act, the

maximum quantity of fish of the species referred to in this subregulation that the master of a boat may be in possession of on that boat where it is being used by 2 or more persons for taking fish is -

(a)	twice the bag limit of blue manna crabs;
(b)	twice the bag limit of cuttlefish, octopus or squid;
(c)	twice the bag limit of rock lobster; and
(d)	twice the bag limit of brownlip or greenlip abalone.

5308 GOVERNMENT GAZETTE, WA 4 November 2005

(2) Regulation 16E(4) is amended by deleting "subregulation (2)"
and inserting instead -

subregulations (3a) or (3b) ".

(3)	After regulation 16E(4) the following subregulation is inserted -
(5) For the purpose of—

(a)	subregulations (3) and (3b), fish on a boat that are not in the possession of any other person on the boat are to be 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 subregulation (2)(b) or (3)(b) 2 single-sided fillets of finfish are to be taken to be equivalent to one whole fish.

9.            Regulation 16F amended

Regulation 16F(3) is amended by deleting "this subregulation' and inserting instead -

subregulation (1)

10.         Regulation 1611 amended

Regulation 16H(3) is repealed and the following subregulation is inserted instead -

(3) For the purposes of subregulation (2)(b) a tag must be attached to a pink snapper by passing the tag through the unsevered bottom jaw of the pink snapper and

securing the tag through the tag's locking device in such a manner that the tag is locked and intact and

cannot be reused.

11.          Regulation 16K amended

(1) Regulation 16K(1) is amended as follows:

(a)	in paragraph (d) by inserting after "whole fish"- " or fish trunks ";
(b)	in paragraph (e) by inserting after "whole fish" -

46

or fish trunks ".

4 November 2005 GOVERNMENT GAZETTE, WA 5309

(2) Regulation 16K(2) is amended by deleting the definition of

"Ningaloo Marine Park Land Zone" and inserting instead -

"

"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.

12.          Regulation 16M replaced

Regulation 16M is repealed and the following regulation inserted instead -

16M. Possession limit— barramundi

(1) For the purposes of section 51(1) of the Act, the

maximum quantity of barramundi that a person may be
in possession of, other than at the person's principal

place of residence -

(a)	in the Ord River area is one barramundi; and
(b)	other than in the Ord River area is 2 barramundi.

(2) For the purpose of determining the number of

barramundi in a person's possession 2 single-sided
fillets of barramundi are to be taken to be equivalent to

one whole barramundi.

(3) In this regulation - "Ord River area" has the same meaning as in

regulation 64ZF;

"single-sided fillet" means a fillet that is taken from

one side only of a barramundi.

13.          Regulation 20 amended

(1)	Regulation 20 is amended by deleting the subregulation designation "(1)".
(2)	Regulation 20(2) is repealed.

14.          Regulation 22 amended

(1) Regulation 22(3) is amended as follows:

(a) after paragraph (b) by deleting "or";

5310 GOVERNMENT GAZETTE, WA 4 November 2005

(b) after paragraph (c) by deleting the full stop and inserting

instead -

33

(d) fish —

(i)     in the possession and under the direct physical control of the person who took the fish; and

(ii)     packaged or stored together only with fish taken by the same person;

(e) fish taken by a person on, or who has just

completed, a day trip; or

(f) fish taken by a person and packaged or stored

with fish not taken by the person, if-

(i)     the quantity of fish packaged or stored together does not exceed the total of the maximum quantity of fish that one person may be in possession of in accordance with regulation 161); and

(ii)     no other fish are packaged or stored by the person.

(2) Regulation 22(5) is amended by inserting the following

definition in the appropriate alphabetical position

44

"day trip" has the same meaning as in regulation 16E;

15.          Regulation 31 amended

Regulation 31(2)(b) is amended by deleting ashore' and inserting instead -

" onto land "

16.          Regulation 35 amended

Regulation 35(c) is amended by deleting "is being prepared for immediate consumption." and inserting instead -

"

is-

(i)     being consumed; or

(ii)     prepared, or being prepared, for immediate consumption.

4 November 2005 GOVERNMENT GAZETTE, WA 5311

17.           Regulation 38B amended

Regulation 3813(c) is amended by deleting "is being prepared for immediate consumption." and inserting instead -

46

is -

(i)     being consumed; or

(ii)     prepared, or being prepared, for immediate consumption.

18.           Regulation 38C amended

Regulation 38C is amended by deleting "ashore, or attempt to bring ashore" and inserting instead -

" onto land, or attempt to bring onto land ".

19.           Regulation 41 amended

Regulation 41(1)(b) is amended by deleting "ashore, or attempt to bring ashore" and inserting instead -

" onto land, or attempt to bring onto land ".

20.           Regulation 42 amended

Regulation 42(1)(b) is amended by deleting "ashore, or attempt to bring ashore" and inserting instead -

44

onto land. or attempt to bring onto land ".

21.           Regulation 64W amended

Regulation 64W is amended by deleting "Act that the person was acting in accordance with an authority to fish for fish for scientific purposes issued under regulation 178." and inserting

instead -

03 Act—

(a)	for the person charged to prove that the person was acting in accordance with an authority to fish for fish for scientific purposes issued under regulation 178;
(b)	where the person is charged with bringing onto land on any one day more fish than the bag limit of those fish, for the person to prove that he or she -

(i)     was in possession of the fish in accordance with regulation 16D(1); and

(ii)     was bringing those fish onto land;

or

5312 GOVERNMENT GAZETTE, WA 4 November 2005

(c) for a person charged with bringing onto land on

any one day more fish than the bag limit of
those fish to prove that regulation 16E(3a) or
(3b) applied in respect of the fish immediately
before the fish were brought onto land.

22.          Regulation 64Z amended

Regulation 64Z(3) is amended by inserting after "Division 2" -

44 or ".

23.          Regulation 64ZCA inserted

After regulation 64ZC the following regulation is inserted -

33  

64ZCA. Bag limits for rock lobsters at Ningaloo

(1)	For the purposes of section 50 of the Act, the bag limit in respect of rock lobsters taken from the Ningaloo Marine Park or brought onto land in the Ningaloo Marine Park Land Zone or the Exmouth Gulf Land Zone is 4 rock lobsters.
(2)	In subregulation (1) - "Ningaloo Marine Park Land Zone" has the same

meaning as in regulation 16K(2);

"Exmouth Gulf Land Zone" means all land between

22°35' south latitude and 21°53' south latitude,
east of the Learmonth -Minilya and Murat Roads
and west of 114° 19' east longitude.

24.          Regulation 128G amended

Regulation 128G(1)(c) is amended by deleting "ashore" and

inserting instead -

onto land

25.          Regulation 128S amended

Regulation 128S(2) is amended by deleting "ashore" and inserting instead -

" onto land "

26.          Regulation 151 amended

Regulation 151 is amended as follows:

(a) after paragraph (b) by deleting "and";

4 November 2005 GOVERNMENT GAZETTE, WA 5313

(b) after paragraph (c) by deleting the full stop and inserting

instead -

and

(d) the length of a fillet or fish trunk is as set Out in Part 3 of Schedule 8.

27.          Regulation 156 amended

Regulation 156 is amended in the Table by deleting "14," and inserting instead -

44 14(2), 15(2), 16(2), 16A(l), ".

28.          Regulation 157 amended

Regulation 157 is amended by deleting paragraph (a) and "and" after it and inserting instead -

44

(a) section 222(4)(a) of the Act, the value per unit

of weight of the fish listed in column 1 of
Schedule 9-

(i)     if the fish is a fillet of finfish, is $15 per kilogram; or

(ii)

otherwise, is the amount per kilogram of the name of the fish;

and

29.         Regulation 180 amended

(1) Regulation 180 is amended by deleting the subregulation
designation "(1)".

(2) Regulation 180(2) is repealed.

30.          Schedule 2 Part 2 amended

(1)	Schedule 2 Part 2 Division 1 is amended under the heading "Setose or tarspot western rock lobster" by deleting "ashore" in paragraph (c) and inserting instead -
" onto land ".
(2)	Schedule 2 Part 2 Division 3 Subdivision 1 is amended in clause 1(1)(a), (b) and (c) by deleting "ashore" in each place where it occurs and inserting instead -
" onto land "
(3)	Schedule 2 Part 2 Division 3 Subdivision 1 is amended in clause 2(1) by deleting "ashore" and inserting instead -
44

onto land ".

5314 GOVERNMENT GAZETTE, WA 4 November 2005

(4)	Schedule 2 Part 2 Division 3 Subdivision 2 is amended in the first Table in the item commencing "Snapper, pink" by deleting "ashore" in paragraph (c) and inserting instead -
44 onto land ".
(5)	Schedule 2 Part 2 Division 3 Subdivision 2 is amended in the first Table by deleting "Whiting, Western Sand (yellow-finned)" and inserting instead -
44

Whiting, Yellow-finned ".

(6) Schedule 2 Part 2 Division 3 Subdivision 2 is amended in the
second Table -

(a) by deleting "Barramundi, when taken or brought ashore" and inserting instead -

" Barramundi, when taken or brought onto land "

(b) by deleting "Snapper, Pink, when taken or brought ashore" and inserting instead -

44

Snapper, Pink, when taken or brought Onto land ".

31.          Schedule 3 Part 1 amended

(1)	Schedule 3 Part 1 Division 1 is amended by deleting "Cod (combined)" and inserting instead -
44

Cod (combined, except Coral Trout and

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

(2)	Schedule 3 Part 1 Division 1 is amended by deleting "Cod, in excess" and inserting instead -
" Cod classified as Epinephelus spp., in excess
(3)	Schedule 3 Part 1 Division 2 is amended by deleting from the first and second columns the last item commencing "All other
Gascoyne species".
(4)	The heading to Schedule 3 Part 1 Division 3 is amended by deleting "Grouped" and inserting instead -

Low risk finfish - grouped ".

4 November 2005 GOVERNMENT GAZETTE, WA 5315

(5) Schedule 3 Part 1 Division 3 is amended by deleting in the first
column "Whiting, Western Sand and Southern School" and
inserting instead -

"

Whiting, Southern School specifically covered in this Part except for -

(a)	(Pilchards and Whitebait), Atherinidae	bait fish of the Families Clupeidae and
(b)	Redfin Perch, Goldfish, European Carp andTilapia ....................................

32.          Schedule 3 Part 2 amended

(1)	Schedule 3 Part 2 Division 1 is amended by deleting from the first and second columns the last item commencing "All other Western Australian species".
(2)	Schedule 3 Part 2 Division 2 Subdivision us amended by deleting the item commencing "Cod" and inserting instead -

"

Cod (combined, except Coral
Trout) .................................. Cod classified as Epinephelus spp., in excess of 30 kg weight or of

1200 mm in length ................... 0

(3) After Schedule 3 Part 2 Division 2 the following division is
inserted -

Division 3— Low risk flnfish - grouped bag limit of 40 fish

Grouped bag limit of all

Fish species in the Division

for one day

All other Western Australian species of fish not specifically covered in this Part except for -

(a)	and Engraulidae (anchovy, pilchard	bait fish of the Families Clupeidae sprat, scaly mackerel, maray); and	40
(b)	Redfin Perch, Goldfish, European Carp and Tilapia.

,,

5316 GOVERNMENT GAZETTE, WA 4 November 2005

33.          Schedule 3 Part 3 amended

(1) Schedule 3 Part 3 Division 1 is amended by deleting "Cod
(combined)" and inserting instead -

44

Cod (combined, except Coral [rout and

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

(2)	Schedule 3 Part 3 Division 1 is amended by deleting "Cod, in excess" and inserting instead -
" Cod classified as Epinephelus spp., in excess ".
(3)	Schedule 3 Part 3 Division 1 is amended by inserting after "Snapper, Pink'-

44

only one of which may be in excess of 70 cm if taken or brought onto land from metropolitan waters ...............................

(4)	Schedule 3 Part 3 Division 2 is amended in the item commencing "Bream, Black, Northwest-Black and Yellowfin (combined)," by deleting "ashore" and inserting instead -
44 onto land "
(5)	Schedule 3 Part 3 Division 2 is amended by deleting in the first and second columns the last item commencing "All other West Coast species".
(6)	The heading to Schedule 3 Part 3 Division 3 is amended by deleting "Grouped" and inserting instead -

Low risk finfish - grouped ".

(7)	Schedule 3 Part 3 Division 3 is amended by deleting in the first
column "Whiting, Southern School and Western Sand" and
inserting instead -
44

Whiting, Southern School specifically covered in this Part except for -

(a)	(Pilchards and Whitebait), Atherinidae	bait fish of the Families Clupeidae and
(b)	Redfin Perch, Goldfish, European Carp and Tilapia ..................................

4 November 2005 GOVERNMENT GAZETTE, WA 5317

34.          Schedule 7 amended

Schedule 7 is amended under the heading "Marine or fluvio-marine fish" as follows:

(a) by inserting in the appropriate alphabetical position the following item -

44

Cod, Malabar ............. Epinephelus Malabaricus

(b) in the item commencing "Whiting, King George (spotted)" by deleting "Sillago punctata" and inserting instead -

46

Sillaginodes punctata

(c) in the item commencing "Whiting, Southern School (silver)" by deleting "Si//age bassensis" and inserting instead -

46

Si//ago bassensis

(d) by deleting "Whiting, Western Sand (yellow-finned)" and inserting instead -

" Whiting, Yellow-finned ".

35.          Schedule 8 amended

After Schedule 8 Part 2 the following part is inserted -

Part 3 Method of determining the length of fish

trunks and fillets

A fish trunk or fillet is to be measured -

(a) when the fish is lying flat;

(b)	without being held;
(c)	lengthwise along the longest part of the fish to which both the
skin and the flesh of the fish extends; and
(d)	in the case of a fillet, the measurement is not to include any part of the head or tail of the fish still attached.

36.          Schedule 12 amended

Schedule 12 Part 2 is amended as follows:

(a) in item 2 by inserting after "12(3)," -

" 1613, ";

(b)	in item 3 by inserting after "14,"-
" 15, 16, 16A, ".

By Command of the Governor,

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