Fish Resources Management Amendment Regulations (No. 4) 2015 (WA)

:1200 GOVERNMENT GAZETTE, WA 7 August 2015

FISHERIES

Fish Resources Management Act 1994

Fish Resources Management Amendment

Regulations (No. 4) 2015

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Fish Resources Management
Amendment Regulations (No. 4) 2015.

2.            Commencement

These regulations come into operation as follows —

Penalty: In the case of an individual, $3 000 or, in the case of a body corporate, $6 000.

(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.            Regulations amended

These regulations amend the Fish Resources Management
Regulations 1995.

4.            Regulation 12 amended

(1) At the end of regulation 12(1) insert:

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(2) At the end of regulation 12(2) insert:

Penalty: In the case of an individual, $3 000 or, in the

case of a body corporate, $6 000.

(3)	Delete regulation 12(3) and insert:
(3) A person, other than the holder of a commercial fishing

licence, who takes any totally protected fish that is a
crab must not, by any means, take any further crab
until the crab is released into the water from which it
was taken.

Penalty: In the case of an individual, $3 000 or, in the

case of a body corporate, $6 000.

(4)	At the end of regulation 12 delete the Penalty.
5.	Regulation 16E amended After regulation 1 6E(3C) insert:

(3D) The master of a charter boat does not commit an

offence under subregulation (3C)(c)(ii) if—

(a)	there are 10 or more persons on the charter boat; and
(b)	there are no more than 20 mud crabs (brown and green combined) on or attached to the boat and any tender or other vessel operating with or attached to the boat.

6.            Part 4 Division 5A heading amended

In the heading to Part 4 Division 5A delete "deep sea".
7.	Regulation 38DA inserted At the end of Part 4 Division 5A insert:

38DA. Possession of parts of raw crab other than deep sea

crab

A person must not possess a part only of a raw crab
that is not a deep sea crab unless the part is prepared, or
being prepared, for immediate consumption.

Penalty:

(a) in the case of an individual - a fine of

$5 000 and the penalty provided in

section 222 of the Act; or

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(b) in the case of a body corporate - a fine of

$10 000 and the penalty provided in
section 222 of the Act.

8.           Regulation 64 amended

(1) In regulation 64(IA) delete the definition of person engaged for

a commercial purpose in an activity.

(2) In regulation 64(1A) insert in alphabetical order:

responsible person, in relation to an activity, means -

(a) if the activity is carried Out under a commercial

fishing licence -

(i)     using a boat which has a master - the master of the boat; or

(ii)     otherwise - the holder of the authorisation under which the activity is carried out;

or

(b) otherwise - the person who engages in the

activity;

(3)	In regulation 64(1) before "person" insert:
responsible

9.            Regulation 64L amended

(1) Before regulation 64L(1) insert:

(1A) In this regulation -

charter boat means a boat that is used to conduct a
fishing tour for a commercial purpose in accordance

with a fishing tour operator's licence.

(2)	In regulation 64L(2) after "fishing boat" insert:
or a charter boat
(3)	After regulation 64L(2) insert:

(3AA) The master of a charter boat with fewer than 10 people on board must not use, or cause or permit to be carried on the boat, more than 10 drop nets in any one day.

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(3AB) The master of a charter boat with 10 or more people on board may carry up to 20 drop nets at any one time, but must not use more than 10 drop nets in any one day.

(3 AC) If a charter boat has smaller tender boats that use the

charter boat as a primary boat -

(a)	the charter boat is to be used to calculate the total number of drop nets that may be used or carried as a part of that charter boat's fishing tour for the purposes of subregulations (3AA) and (3AB); and
(b)	the master of the charter boat must not use, or cause or permit to be carried on any single tender boat, more than 10 drop nets in any one day.

10. Regulation 640B amended
In regulation 640B(2)(c) delete "mullet." and insert:

mullet or garfish.

11.          Regulation 64QA inserted

After regulation 64P insert:

64QA. Use of fishing nets in Gascoyne Region

(1)	In this regulation - attend, in relation to a net, means to be within 100 in of the net.
(2)	A person who fishes using a set fishing net in the

Gascoyne Region must -
(a)	attend the net; and
(b)	remove the net from the water and clear it of fish at intervals of not more than one hour.

Penalty: a fine of $2 000.

12.          Regulation 128MA amended

(1) Before regulation 128MA(1) insert:

(1A) In this regulation -

current identification sticker, in relation to a boat,
means the identification sticker for the boat issued to
the holder of a fishing tour operator's licence or a

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restricted fishing tour operator's licence at the later of

the following times -

(a)	the time the licence was granted;
(b)	the time the licence was last renewed.

(2) In regulation 128MA(2) delete "in such manner as the CEO

specifies in a written notice given to the holder of the licence."

and insert:

by affixing the current identification sticker for the boat to the
wheel house or another prominent position on the boat.

13.          Schedule 3 amended

In Schedule 3 Part 5 delete "Prawns, Western School and Western
King" and insert:

Prawns

14.          Schedule 7 amended

In Schedule 7 Division 3 in the item relating to Crab, Blue
Manna (Blue Swimmer) delete "pelagicus" and insert:

armatus

15.          Schedule 12 amended

(1) In Schedule 12 Part 1 item 2 after paragraph (b) insert:

(Ca) category 1 fish for which there is no bag limit 400.00

(2)	In Schedule 12 Part 2 item 3 delete "14(1), 14(3),".
(3)	In Schedule 12 Part 2 item 4:

(a)	after "12(1) and (2)," insert: 14(l),14(3),
(b)	after "38C," insert: 38DA,

(c) delete "38D(2),";

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(d) after "64P," insert:

64QA,

(4) In Schedule 12 Part 2 item 5 after "16E(3E)," insert:

38D(2),

K. H. ANDREWS, Clerk of the Executive Council.