Fish Resources Management Amendment Regulations (No. 4) 2013 (WA)
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WESTERN 2887 AUSTRALIAN GOVERNMENT ISSN 1448-949X PRINT POST APPROVED PP665002/00041
PERTH, FRIDAY, 28 JUNE 2013 No. 111 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 1.00 PM
© STATE OF WESTERN AUSTRALIA
Fish Resources Management Act 1994
Fish Resources Management Amendment
Regulations (No. 4) 2013
Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.1. Citation
These regulations are the Fish Resources Management
Amendment Regulations (No. 4) 2013.
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 (gazettal day);
(b) regulation 13 — (i) if the Fish Resources Management Amendment Regulations (No. 3) 2013 regulation 5 comes into
operation before the day after gazettal day — on
the day after gazettal day; or
(ii) if the Fish Resources Management Amendment Regulations (No. 3) 2013 regulation 5 comes into operation on the day after gazettal day or a day
that is later than that day — immediately after
that regulation comes into operation;
(c) the rest of the regulations — on the day after gazettal day.
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3. Regulations amended
These regulations amend the Fish Resources Management
Regulations 1995.
4. Regulation 3 amended
(1) In regulation 3(1) delete the definitions of: lawful overnight stay on an island low risk finfish (2) In regulation 3(1) in the definition of fish trunk delete
paragraph (b) and insert:
(b) a finfish described in regulation 14(4) that would be a whole fish except that all, or any part of, its head, tail or scales has been removed; or
5. Regulation 14 amended
(1) In regulation 14(2):
(a) in paragraph (b) delete “trunk.” and insert: trunk; or
(b) after paragraph (b) insert:
(c) finfish on a boat if the finfish is — (i) being consumed; or
(ii) prepared, or being prepared, for the boat.
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(2) After regulation 14(2) insert:
(3)
A person must not bring onto land or carry through WA waters a finfish of a class referred to in the first Table in Schedule 2 Part 2 Division 3 Subdivision 2 that is equal to or greater than the specified size for the
class of fish unless it is —
(a) a whole fish; or
(b) a fish trunk or fillet that — (i) has the skin and scales attached; and
(ii) is at least 300 mm in length; and
(iii) is packaged flat; and
(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: a fine of $3 000 and the penalty provided in
section 222 of the Act.
(4) A person must not bring onto land or carry through
WA waters a finfish other than a finfish referred to insubregulation (1) or (3) unless it is — (a) a whole fish; or
(b) a fish trunk or fillet that has the skin attached.
Penalty: a fine of $1 000 and the penalty provided in
section 222 of the Act.
(5) Subregulations (3) and (4) do not apply to, or in respect of —
(a)
finfish taken for a commercial purpose in accordance with an authorisation; or
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(b) finfish on a boat if the finfish is — (i) being consumed; or
(ii) prepared, or being prepared, for the boat.
6. Regulations 15 and 16 deleted
Delete regulations 15 and 16.
7. Regulation 16E amended
In regulation 16E(1) delete the definition of day trip and insert:
day trip means a voyage undertaken by a person on a
boat, except a voyage which has taken place over more
than one day;
8. Regulation 22 amended
Delete regulation 22(1) and insert:
(1) A person who packages or stores fish must ensure that
a label, as described in subregulation (2), is securely
attached to each package containing fish and to each
fish that is stored other than in a package.Penalty: $5 000 and the penalty provided in section 222
of the Act.
9. Regulation 64X amended
(1) In regulation 64X delete “A person” and insert: (1) A person
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(2) At the end of regulation 64X insert:
(2) A reference in subregulation (1) to a region or other
area of the State includes a reference to the whole
State.(3) Except as otherwise stated, a bag limit provided for in Division 2 is prescribed for all land in the State and all WA waters. 10. Regulation 65E replaced
Delete regulation 65E and insert:
65E. Bag limit for freshwater finfish For the purposes of section 50 of the Act, the quantity
of fish specified under the heading commencing“Grouped bag limit” in Schedule 3 Part 4 is the bag limit in respect of all species of fish specified in that
Part (freshwater finfish).11. Regulation 65F amended
(1) Before regulation 65F(1) insert: (1A) In this regulation — finfish does not include the following fish — (a) Carp, European;
(b) Goldfish;(c) Perch, redfin;
(d)
fish of the genus Oreochromis spp. (entire genus).
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(2) Delete regulation 65F(2) and insert:
(2) For the purposes of section 50 of the Act, the bag limit
in respect of all species of finfish not otherwise
referred to in this Division is a grouped bag limit of 30.12. Regulation 65G amended
In regulation 65G:
(a) delete “species” (1st occurence) and insert: species, or group of species,
(b) before “species.” insert: species or group of
13. Regulation 65H amended
In regulation 65H:
(a) delete “species” (1st occurence) and insert: species, or group of species,
(b) before “species.” insert: species or group of
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14. Regulation 156 amended
In regulation 156 in the Table delete “15(1), 16(1),” and insert:
14(3), 14(4),
15. Schedule 3 Part 1 Division 2 amended
In Schedule 3 Part 1 Division 2 delete “Foxtail,” and insert:
Foxfish,
16. Schedule 3 Part 4 replaced
Delete Schedule 3 Part 4 and insert:
Part 4 — Bag limits — Freshwater finfish
[r. 65E]
Grouped bag limit of
all species of
Fish
freshwater finfish for
one day
Catfish ............................................................... 4 Grunter .............................................................. Trout, Brown and Rainbow ................................ 17. Schedule 3 Part 5 amended
In Schedule 3 Part 5:
(a) delete “Species bag” and insert: Bag
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(b) insert in alphabetical order: Koonac .............................................................. N/A
Yabbies, Common and White ........................... N/A
18. Schedule 3 Part 6 amended
In Schedule 3 Part 6 delete “Species bag” and insert:
Bag
19. Schedule 12 amended
In Schedule 12 Part 2 item 3 delete “14, 15, 16,” and insert:
14(1), 14(3), 14(4),
20. Schedule 13 Part 1A inserted
In Schedule 13 before Part 1 insert:
Part 1A — Preliminary
1A. Term used: relevant minimum gap In this Schedule — relevant minimum gap means —
(a)
in relation to a lobster pot used in connection with the West Coast Rock Lobster Managed Fishery, 55 mm;
(b) in relation to all other lobster pots, 54 mm; and
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21. Schedule 13 clause 3 amended
In Schedule 13 clause 3(2)(a):
(a) delete “54 mm” and insert: the relevant minimum gap
(b) delete “Diagram 1(a)” and insert: Diagram 1
22. Schedule 13 clause 4 amended
(1) In Schedule 13 clause 4(2) delete “54 mm” and insert: the relevant minimum gap (2) In Schedule 13 clause 4(4)(a) delete “Diagram 3(a)” and insert: Diagram 3 23. Schedule 13 clause 5 amended
In Schedule 13 clause 5(2) delete “54 mm” and insert:
the relevant minimum gap
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24. Schedule 13 clause 9 amended
In Schedule 13 clause 9(2)(a):
(a) delete “54 mm” and insert: the relevant minimum gap
(b) delete “Diagram 1(b)” and insert: Diagram 1
25. Schedule 13 clause 10 amended
(1) In Schedule 13 clause 10(2) delete “54 mm” and insert: the relevant minimum gap (2) In Schedule 13 clause 10(3)(a) delete “Diagram 3(b)” and insert: Diagram 3 26. Schedule 13 clause 11 amended
In Schedule 13 clause 11(2) delete “54 mm” and insert:
the relevant minimum gap
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27. Schedule 13 Table amended
In Schedule 13 in the Table delete Diagrams 1(a) to 7 and
insert:Diagram 1 — Beehive pots
(Clauses 3(2)(a) and 9(2)(a))
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Diagram 2(a) — Beehive pots
(Clause 3(3)(a))
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Diagram 2(b) — Beehive pots
(Clause 9(3)(a))
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Diagram 3 — Batten pots
(Clauses 4(4)(a) and 10(3)(a))
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Diagram 4 — Batten pots
(Clause 4(7)(a))
(Steel flat - bar)
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Diagram 5 — Batten pots
(Clause 4(7)(b))
(Aluminium)
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Diagram 6 — Batten pots
(Clause 4(7)(c))
(Fibreglass)
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Diagram 7 — Batten pots
(Clause 4(7)(d))
(Steel or aluminium with internal lip)
By Command of the Lieutenant-Governor and deputy of the Governor,
N. HAGLEY, Clerk of the Executive Council.
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