Fish Resources Management Amendment Regulations (No. 4) 2003 (WA)

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WESTERN 743
AUSTRALIAN
GOVERNMENT

744 GOVERNMENT GAZETTE, WA 7 March 2003

(b)

by deleting the definition of “waters of the Shark Bay western gulf ” and inserting the following definition instead —
“
“waters of the Shark Bay western gulf ” means the
waters of Shark Bay (including the waters of northerly along the high water mark on the western side of Edel Land Peninsula; thence following the high water mark around Heirisson Prong and Bellefin Prong to the intersection of 26° 08.674′ south latitude and 113° 09.517′ east longtitude (Steep Point); thence north easterly along the geodesic to the intersection of 26° 07.475′ south latitude and 113° 10.817′ east longitude (Surf Point); thence generally northerly along the high water mark on the eastern side of Dirk Hartog Island to the commencement point.
Denham Sound and Freycinet Estuary) bounded by
a line commencing at the high water mark at the
intersection of 25° 35.125′ south latitude and 113°
01.227′ east longitude (Withnell Point); thence
extending east along the parallel to the intersection
with 113° 15′ east longitude; thence north along
the meridian to the intersection of 25° 30.200′
south latitude; thence east along the parallel to the
high water mark of Cape Peron at the intersection
of 25° 30.200′ south latitude and 113° 30.600′ east
longitude; thence generally in a southerly direction
along the high water mark on the western side of

”.

4. Heading to Part 4 Division 4B replaced
The heading to Part 4 Division 4B is deleted and the following heading is inserted instead —

“
Division 4B — Bag limits for, and other restrictions on
fishing in, Shark Bay

”.

5. Regulation 30BA inserted
After the heading to Part 4 Division 4B the following regulation is inserted —

“
30BA. Definitions
In this Division —
“fishing year” means —

(a)

the period beginning on the coming into operation of the Fish Resources

7 March 2003 GOVERNMENT GAZETTE, WA 745
Management Amendment Regulations
(No. 4) 2003 and ending on
31 December 2003; or

(b)

the period of 12 months beginning on 1 January in 2004 or any other calendar year,
excluding the period beginning on 15 August and
ending on 30 September in any year;

“Freycinet Estuary area” means —

(a) the waters of the Freycinet Estuary; and

(b)

land that is within 50 metres of the high water mark of the Freycinet Estuary.

”.

6. Regulations 30EA to 30EC inserted
After regulation 30E the following regulations are inserted —
“

30EA. Possession of pink snapper in Freycinet Estuary
area

(1) A person in or on the Freycinet Estuary area must not
have any pink snapper in his or her possession.
(2) It is a defence in proceedings against a person under
section 51(2) of the Act in respect of the possession of
a pink snapper in or on the Freycinet Estuary area that
the person had possession of not more than one pink
snapper and that the pink snapper —

(a)

was at least 500 mm and not more than 700 mm in length;

(b)

had a current tag issued to the person under regulation 30EB and marked with the date on which the pink snapper was taken attached to it in accordance with subregulation (4).

(3) For the purpose of determining the number of pink
snapper in a person’s possession, 2 single-sided fillets
of pink snapper are to be taken to be equivalent to one
whole pink snapper.
(4) For the purposes of subregulation (2)(b) a tag must be
attached to a pink snapper as follows —

(a)

in the case of a whole fish, by being secured through the unsevered jaw of the pink snapper and out through one of its gills in such a manner that the tag is locked and intact and cannot be reused;

(b)

in the case of single-sided fillets, by being cut in half and packed with the 2 fillets in a container that does not contain any other fish.

746 GOVERNMENT GAZETTE, WA 7 March 2003

(5) In this regulation —
“single-sided fillet” means a fillet that is taken from

one side only of a pink snapper.

30EB. Tags authorising the possession of pink snapper in
the Freycinet Estuary area

(1)

A person may apply to the Executive Director for the issue of up to 2 tags authorising the person to possess one pink snapper per tag in the Freycinet Estuary area.
(2) An application may be made —

(a)

by written application presented in person by the applicant at the office of the Department in Denham;

(b)

by written application presented in person by the applicant at the office of the Department in Carnarvon;

(c)

by written application presented in person by the applicant at the head office of the Department in Perth; or

(d)

by electronic or written application in the manner, and during the period, approved by the Executive Director.

(3) An application is to be made in the form approved by
the Executive Director.
(4) No person is to be issued with more than 2 tags in any
one month.
(5) If —

(a)

a person presents an application in person under subregulation (1);

(b)

the Executive Director has not issued more than 400 tags in the fishing year pursuant to applications presented in person; and

(c)

the fee set out in Schedule 1 Part 3 item 7 is paid,

the Executive Director may issue a tag to the person.

(6) If —

(a) a person makes a written or electronic period approved under subregulation (2)(d);

(b)

that person has not made any other written or electronic application under subregulation (1) during that period;

(c)

the Executive Director has not issued more than 500 tags pursuant to written or electronic application during that period;

7 March 2003 GOVERNMENT GAZETTE, WA 747

(d)

the Executive Director determines by ballot conducted in a manner approved by the Executive Director that the person is eligible to be issued with a tag; and

(e)

the fee set out in Schedule 1 Part 3 item 7 is paid,
the Executive Director may issue a tag to the person.

(7) When a tag is issued to a person the Executive Director
is to record the name of the person on the tag.
(8) A tag is current for the fishing year in which it is
issued.

30EC. Form of a tag
A tag issued under regulation 30EB —

(a) is to be in a form approved by the Executive Director;
(b) is to specify —
(i) the fishing year for which the tag is current; and

(ii) a distinguishing letter and number (tag the tag.

”.

7. Schedule 1 amended
Schedule 1 Part 3 is amended by inserting after item 6 the following item —

“
7. Tag authorising the possession of one pink

snapper in the Freycinet Estuary $10.00

”.

8. Schedule 2 amended

(1) Schedule 2 Part 2 Division 3 Subdivision 2 first Table is
amended in the item beginning “Snapper, pink” by deleting “an
area and during a period referred to in Subdivision 1
paragraph (b)” and inserting instead —
“ the waters of the Freycinet Estuary ”.
(2) Schedule 2 Part 2 Division 3 Subdivision 2 second Table is
amended in the item beginning “Snapper, pink” by deleting “an
area and during a period referred to in Subdivision 1
paragraph (b)” and inserting instead —
“ the waters of the Freycinet Estuary ”.

748 GOVERNMENT GAZETTE, WA 7 March 2003
9. Schedule 3 amended
Schedule 3 Part 6 Division 1 is amended by deleting paragraph (c) of the item beginning “Snapper, pink”.

By Command of the Governor,

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

!200300036GG!

PERTH, FRIDAY, 7 MARCH 2003 No. 36 SPECIAL

PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 4.00 PM

Fish Resources Management Act 1994

Fish Resources Management Amendment

Regulations (No. 4) 2003

Made by the Governor in Executive Council.
1. Citation

These regulations may be cited as the Fish Resources
Management Amendment Regulations (No. 4) 2003.

2. The regulations amended

The amendments in these regulations are to the Fish Resources
Management Regulations 1995*.
[* Reprinted as at 17 May 2002.
For amendments to 25 February 2003 see Gazette 28 June,
10 September, 29 November and 13 December 2002 and
11 and 21 February 2003.]

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

(a)

by deleting the definition of “Freycinet Estuary” and inserting the following definition instead —
“
“Freycinet Estuary” means the waters of Shark Bay
western gulf south of 26° 13′ south latitude,
excluding the waters of Useless Inlet and Blind
Inlet;

”;

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Fish Resources Management Amendment Regulations (No. 4) 2003 (WA)

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(a)	the waters of the Freycinet Estuary; and
(b)	land that is within 50 metres of the high water mark of the Freycinet Estuary.

6.	Regulations 30EA to 30EC inserted After regulation 30E the following regulations are inserted —
“

(1)	A person in or on the Freycinet Estuary area must not have any pink snapper in his or her possession.
(2)	It is a defence in proceedings against a person under section 51(2) of the Act in respect of the possession of a pink snapper in or on the Freycinet Estuary area that the person had possession of not more than one pink snapper and that the pink snapper —

(a)	was at least 500 mm and not more than 700 mm in length;
(b)	had a current tag issued to the person under regulation 30EB and marked with the date on which the pink snapper was taken attached to it in accordance with subregulation (4).

(3)	For the purpose of determining the number of pink snapper in a person’s possession, 2 single-sided fillets of pink snapper are to be taken to be equivalent to one whole pink snapper.
(4)	For the purposes of subregulation (2)(b) a tag must be attached to a pink snapper as follows —

(a)	in the case of a whole fish, by being secured through the unsevered jaw of the pink snapper and out through one of its gills in such a manner that the tag is locked and intact and cannot be reused;
(b)	in the case of single-sided fillets, by being cut in half and packed with the 2 fillets in a container that does not contain any other fish.

(1)	A person may apply to the Executive Director for the issue of up to 2 tags authorising the person to possess one pink snapper per tag in the Freycinet Estuary area.
(2)	An application may be made —

(a)	by written application presented in person by the applicant at the office of the Department in Denham;
(b)	by written application presented in person by the applicant at the office of the Department in Carnarvon;
(c)	by written application presented in person by the applicant at the head office of the Department in Perth; or
(d)	by electronic or written application in the manner, and during the period, approved by the Executive Director.

(3)	An application is to be made in the form approved by the Executive Director.
(4)	No person is to be issued with more than 2 tags in any one month.
(5)	If —

(a)	a person presents an application in person under subregulation (1);
(b)	the Executive Director has not issued more than 400 tags in the fishing year pursuant to applications presented in person; and
(c)	the fee set out in Schedule 1 Part 3 item 7 is paid,

(b)	that person has not made any other written or electronic application under subregulation (1) during that period;
(c)	the Executive Director has not issued more than 500 tags pursuant to written or electronic application during that period;

(d)	the Executive Director determines by ballot conducted in a manner approved by the Executive Director that the person is eligible to be issued with a tag; and
(e)	the fee set out in Schedule 1 Part 3 item 7 is paid,

(7)	When a tag is issued to a person the Executive Director is to record the name of the person on the tag.
(8)	A tag is current for the fishing year in which it is issued.

(a)	is to be in a form approved by the Executive Director;
(b)	is to specify —

(1)	Schedule 2 Part 2 Division 3 Subdivision 2 first Table is amended in the item beginning “Snapper, pink” by deleting “an area and during a period referred to in Subdivision 1 paragraph (b)” and inserting instead —
“ the waters of the Freycinet Estuary ”.
(2)	Schedule 2 Part 2 Division 3 Subdivision 2 second Table is amended in the item beginning “Snapper, pink” by deleting “an area and during a period referred to in Subdivision 1 paragraph (b)” and inserting instead —
“ the waters of the Freycinet Estuary ”.