Fish Resources Management Amendment Regulations (No. 6) 2012 (WA)

4 December 2012 GOVERNMENT GAZETTE, WA 5919

FISHERIES

FI301*

Fish Resources Management Act 1994

Fish Resources Management Amendment

Regulations (No. 6) 2012

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Fish Resources Management
Amendment Regulations (No. 6) 2012.

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;
(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 128HA inserted

After regulation 128G insert:

128HA. Shark tourism activities prohibited on aquatic eco-

tour

(1) A participant in an aquatic eco-tourism trip must not —

(a)	use a safety cage the purpose of which is to protect swimmers or divers from sharks; or
(b)	engage in the tagging or marking of sharks; or
(c)	use blood, berley or any vibrating, visual, sonic, electronic, electromagnetic or other equipment for the purpose of attracting sharks.

Penalty: $2 000.

(2) The person in charge of an aquatic eco-tourism trip
must not —

(a) provide or use, or allow participants in the trip to use, a safety cage the purpose of which is to protect swimmers or divers from sharks; or

5920 GOVERNMENT GAZETTE, WA 4 December 2012

(b)	engage, or allow participants in the trip to engage, in the tagging or marking of sharks; or
(c)	provide or use, or allow participants in the trip to use, blood, berley or any vibrating, visual, sonic, electronic, electromagnetic or other equipment for the purpose of attracting sharks.

Penalty: $10 000.

5.             Regulation 128OA inserted

After regulation 128M insert:

128OA. Shark tourism activities prohibited on fishing tour

(1) A participant in a fishing tour trip must not —

(a)	use a safety cage the purpose of which is to protect swimmers or divers from sharks; or
(b)	engage in the tagging or marking of sharks; or
(c)	use blood, berley or any vibrating, visual, sonic, electronic, electromagnetic or other equipment for the purpose of attracting sharks.

Penalty: $2 000.

(2) The person in charge of a fishing tour trip must not —

(a)	provide or use, or allow participants in the trip to use, a safety cage the purpose of which is to protect swimmers or divers from sharks; or
(b)	engage, or allow participants in the trip to engage, in the tagging or marking of sharks; or
(c)	provide or use, or allow participants in the trip to use, blood, berley or any vibrating, visual, sonic, electronic, electromagnetic or other equipment for the purpose of attracting sharks.

Penalty: $10 000.

6.             Regulation 158 amended

In regulation 158 in the Table under the heading “Provisions of

these regulations” after “128G(2),” insert

128HA(2), 128OA(2),

By Command of the Governor,

N. HAGLEY, Clerk of the Executive Council.