Fish Resources Management Amendment Regulations (No. 6) 2013 (WA)

27 August 2013 GOVERNMENT GAZETTE, WA 4053

FI301*

Fish Resources Management Act 1994

Fish Resources Management Amendment

Regulations (No. 6) 2013

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Fish Resources Management
Amendment Regulations (No. 6) 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;
(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 16H amended

In regulation 16H(1) after “Estuary” insert:

area

4054 GOVERNMENT GAZETTE, WA 27 August 2013

5.             Regulation 31 replaced

Delete regulation 31 and insert:

31.           Rock lobster: permitted ways to fish for and tail marking

(1) In this regulation —

allowed time, in relation to a rock lobster, means —

(a)	where a boat is used in connection with the taking of the rock lobster, within 5 minutes of bringing the rock lobster to the boat; or
(b)	where a boat is not used in connection with the taking of the rock lobster, within 5 minutes of bringing the rock lobster onto land;

tail clip means the removal of the bottom half of the
central segment (telson) of the tail fan of a rock lobster
by horizontal cut, so that only the upper portion of the
telson remains attached to the last (6th) segment of the

rock lobster tail;

tail punch means the punching of a circular hole of no
less than 10 mm in diameter in the central segment

(telson) of the tail fan of a rock lobster by any means.

(2) A person must not fish for rock lobster other than —

(a) by hand —

(i)      without the use of an instrument; or

(ii)      using an instrument which is not capable of piercing a rock lobster,

and without piercing or damaging the rock

lobster; or

(b) by means of using or submerging at any one time not more than 2 rock lobster pots which —

(i)      are attached to a surface float which conforms to the requirements of regulation 32; and

(ii)      are pulled from the water personally by the person.

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

section 222 of the Act.

(3)	A person who takes and keeps any rock lobster must tail clip or tail punch the rock lobster within the allowed time.
Penalty: a fine of $5 000 and the penalty provided in

section 222 of the Act.

(4) It is a defence in proceedings for an offence against
subregulation (2) or (3) for the person charged to prove

27 August 2013 GOVERNMENT GAZETTE, WA 4055

that the person was acting under the authority of a managed fishery licence granted in respect of rock lobster.

6.             Regulation 32 amended

Delete regulation 32(1)(b)(i) and (ii) and insert:

(i)      in the case of a pot set or pulled from a licenced fishing boat, the licensed fishing boat number of the boat; or

(ii)      in the case of a pot set or pulled other than from a licenced fishing boat, the gear identification number of the person setting or pulling the pot;

7.             Part 4 Division 5B heading amended

In the heading to Part 4 Division 5B after “abalone” insert:

and sea urchins

8.             Regulation 38DA inserted

At the beginning of Part 4 Division 5B insert:

38DA.	Term used: Abalone Zone
In this Division —
Abalone Zone, followed by a number, means the zone of that number described in Schedule 16.

9.             Regulation 38D replaced

Delete regulation 38D and insert:

38D.	When fishing for abalone and sea urchins allowed
(1)	In this regulation —
fishing season means —

(a)	for Abalone Zone 1, between 7.00 a.m. and 8.00 a.m. on the first Sunday in January, February, March, November and December in any year;
(b)	for Abalone Zones 2 and 3, the period beginning on 1 October in any year and ending on 15 May in the following year.

4056 GOVERNMENT GAZETTE, WA 27 August 2013

(2) A person must not fish for abalone in Abalone Zone 1,
2 or 3 unless —

(a)	the person is authorised to take abalone under a managed fishery licence; or
(b)	the person fishes for abalone in the fishing season for that Abalone Zone.

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

section 222 of the Act.

(3) A person must not fish for sea urchins in Abalone Zone
1, 2 or 3 unless —

(a)	the person is authorised to take sea urchins under a commercial fishing licence; or
(b)	the person fishes for sea urchins in the fishing season for that Abalone Zone.

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

section 222 of the Act.

10.           Regulation 64E amended

In regulation 64E(3) delete “hooks or gangs of hooks” and
insert:

baits or lures

11.           Regulation 72 amended

In regulation 72 in the definition of rock lobster licence before
“Fishery” insert:

Managed

12.           Regulation 156 amended

In regulation 156 in the Table:

(a) delete “31,” and insert:

31(2), 31(3), 31(4),

(b) after “38D(2),” insert:

38D(3),

27 August 2013 GOVERNMENT GAZETTE, WA 4057

13.           Schedule 3 Part 1 Division 1 amended

In Schedule 3 Part 1 Division 1 delete “Foxtail,” and insert:

Foxfish,

14.           Schedule 12 amended

(1)	In Schedule 12 Part 1 after item 3 insert:
4A.	Section 48A, relating to category 1 fish ........................ 500.00
(2)	In Schedule 12 Part 2 item 4:

(a) delete “31,” and insert:

31(2), 31(3), 31(4),

(b) after “38D(2),” insert:

38D(3),

15.           Schedule 16 amended

Delete the reference after the heading to Schedule 16 and insert:

[r. 38DA]

By Command of the Governor,

N. HAGLEY, Clerk of the Executive Council.

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