Fish Resources Management Amendment Regulations (No. 6) 2011 (WA)

3166 GOVERNMENT GAZETTE, WA 2 August 2011

FI301*

Fish Resources Management Act 1994

Fish Resources Management Amendment

Regulations (No. 6) 2011

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Fish Resources Management Amendment Regulations (No. 6) 2011.
2.	Commencement These regulations come into operation as follows —

38F.	Use of abalone material as bait A person must not fish for any fish using as bait any
abalone material.
(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.            Regulations 38F and 38GA inserted

At the end of Part 4 Division 5B insert:

2 August 2011 GOVERNMENT GAZETTE, WA 3167

Penalty: a fine of $10 000 and the penalty provided in

section 222 of the Act.

38GA.	Possession of abalone material
A person, other than the holder of a managed fishery licence that authorises abalone to be taken, must not -

(a)	on the seaward side of the high water mark; or
(b)	in the waters of any estuary, river or inlet, or in the entrance to any of those waters,

be in possession of any abalone material other than a
whole abalone.
Penalty: a fine of$10 000.

5.            Regulation 41 amended

(1) Delete regulation 41(1) and insert:

(1) Subject to subregulation (2), a person, other than the

holder of a managed fishery licence that authorises

abalone to be taken, must not -

(a)	on the seaward side of the high water mark; or
(b)	in the waters of any estuary, river or inlet, or in the entrance to any of those waters; or
(c)	within 200 metres of, and on the landward side of, the high water mark,

remove the shell, or cause or permit the shell to be
removed, from an abalone.

Penalty: a fine of $5 000 and the penalty provided in

section 222 of the Act.

(2A) A person, other than the holder of a managed fishery licence that authorises abalone to be taken, must not
bring onto land, or attempt to bring onto land, an
abalone from which the shell has been removed.
Penalty: a fine of $5 000 and the penalty provided in

section 222 of the Act.

(2)	In regulation 4 1(2) delete "(1)(a)" and insert:
(1)(c)
Note: The heading to amended regulation 41 is to read:

Shucking of abalone by person other than holder of managed fishery licence

3168 GOVERNMENT GAZETTE, WA 2 August 2011

6.            Regulation 156 amended

In regulation 156 in the Table:

(a)	after "38E" insert: 38F,
(b)	delete "41," and insert:

41( 1 ), 41(2A),

By Command of the Governor,

N. HAGLEY, Clerk of the Executive Council.