Fish Resources Management Amendment Regulations (No. 3) 2024 (WA)
Western Australia
Fish Resources Management Act 1994
Western Australia
Fish Resources Management Act 1994
Made by the Governor in Executive Council.
These regulations are the
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;
(b) the rest of the regulations — on the day after that day.
These regulations amend the
(1) In regulation 128S(1) in the definition of
restricted fishing tour after “a restricted” insert:
fishing
(2) In regulation 128S(2) in the Penalty delete “Penalty:” and insert:
Penalty for this subregulation: a fine of
(3) In regulation 128S(3) in the Penalty delete “Penalty:” and insert:
Penalty for this subregulation: a fine of
(4) In regulation 128S(4) in the Penalty delete “Penalty:” and insert:
Penalty for this subregulation: a fine of
At the end of Part 11 Division 5 insert:
(1) The master of a boat used for a fishing tour conducted under a fishing tour operator’s licence in the West Coast Region must not —
(a) bring onto land a demersal finfish, whether it is a whole fish or is filleted, from the boat; or
(b) allow a participant on the tour to bring onto land a demersal finfish, whether it is a whole fish or is filleted, from the boat.
Penalty for this subregulation: a fine of $5 000.
(2) It is a defence in proceedings for an offence against subregulation (1) for the person charged to prove that —
(a) at the time the demersal finfish was taken there were 1 or more current quota tags on the boat; and
(b) for a fish that is a relevant demersal finfish —
(i) that is a whole fish — the fish is landed with a current quota tag attached to the fish in the prescribed way; or
(ii) that is filleted — the fish is landed with a current quota tag stored with the fillets and the locking mechanism of the quota tag is engaged.
(3) In subregulation (2) —
(a) the quota tag is inserted through the mouth and gill slit of the fish; and
(b) the locking mechanism of the quota tag is engaged;
(a) Cod, Breaksea;
(b) Dhufish, West Australian;
(c) Groper, Baldchin;
(d) Snapper (Pink Snapper).
(1) In this regulation —
(a) in a form approved by the CEO; and
(b) that specifies —
(i) the quota period for which the tag is current; and
(ii) a distinguishing letter and number (tag serial number) allocated in respect of the tag.
(2) For the purposes of regulation 128T, the CEO must —
(a) determine a method, that the CEO is satisfied meets the purposes referred to in subregulation (4), for determining the number of quota tags to be allocated under subregulation (3)(a) to licensees for a quota period; and
(b) publish the method on the Department’s website.
(3) The CEO must also, for the purposes of regulation 128T, for a quota period —
(a) allocate, in accordance with the method most recently published, quota tags to licensees; and
(b) issue the quota tags accordingly.
(4) The purposes of a method determined by the CEO under subregulation (2)(a) are to —
(a) maintain the sustainability of demersal finfish in the West Coast Region; and
(b) provide a fair and reasonable way of allocating quota tags to licensees.
(5) A method determined under subregulation (2)(a) may provide for no quota tags to be allocated to a licensee for a quota period.
(6) The CEO —
(a) may amend or replace a method determined under subregulation (2)(a); and
(b) must publish the amended method or replacement method on the Department’s website.
K. COLLERAN, Clerk of the Executive Council
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