Fish Resources Management Amendment Regulations (No. 7) 2006 (WA)

5888 GOVERNMENT GAZETTE, WA 29 December 200G

Amendment Regulations (NO. 7) 2006.

F1301*

Fish Resources Management Act 1994

Fish Resources Management Amendment

Regulations (No. 7) 2006

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Fish Resources Management

29 December 2006 GOVERNMENT GAZETTE, WA 5889

2.           The regulations amended

The amendments in these regulations are to the Fish Resources
Management Regulations 1995*•
[* Reprint 6 as at 6 October 2006.

For amendments to 6 December 2006 see Gazette
10 November 2006.]

3.            Regulation 3 amended

Regulation 3(1) is amended by inserting in the appropriate alphabetical position -

44

"marron trophy waters" means the waters of—

(a)	Harvey Weir; and
(b)	Lake Navarino (Waroona Dam) and its tributaries; and
(c)	Hutt River; ,,

4.            Regulations 16N and 16NA replaced by regulation 16N

Regulations 16N and 16NA are repealed and the following regulation is inserted instead -

16N. Possession limit— marron

(1) For the purposes of section 5 1(1) of the Act the

maximum quantity of marron that a person may be in

possession of—

(a)

on marron trophy waters or within 500 m of the 5 marron; and

(b) at any other place, is 20 marron.

(2) The possession limits prescribed by subregulation (1)	do not apply during the non-possession period as
defined in regulation 380.

(3) The possession limit prescribed by subregulation (1)(b)

does not apply to a person who is on private land

owned or occupied by the person.

(4) It is a defence in proceedings against a person under

section 51(2) of the Act in respect of the possession of

marron -

(a)	that the marron had been sold by retail to the public; or
(b)	that the marron were in the person's possession at a place for the purpose of being -

(i)     sold by retail to the public; or

(ii)     served as meals to the public,

in, on or from that place; or

5890 GOVERNMENT GAZETTE, WA 29 December 2006

(c) that the marron were in the person's

possession -

(i) at a place specified in a fish processor's licence under section 83(2) of the Act; and

(ii)     for the purpose of being processed in accordance with that licence.

5.            Regulation 38G amended

Regulation 38G is amended in the definition of "closed season" by deleting "16" and inserting instead -

44 23

6.            Regulation 381 amended

Regulation 381(2) is amended as follows:

(a) by deleting paragraphs (a), (b) and (0;

(b) by inserting after each of paragraphs (c) to (e) -

" and ".

7.           Regulation 38L amended

(1)	Regulation 38L is amended by inserting before "A person" the subregulation designation "(1)".
(2)	At the end of regulation 38L the following subregulation is inserted -

"

(2) Subregulation (1) does not apply to a person using a

boat in the waters of the Donnelly River downstream of
the boat ramp at the termination of Boat Landing Road

at 34° 27' south latitude (Boat Landing).

8.           Regulation 380 amended

(1)	Regulation 380(l) is amended by deleting "closed season" and inserting instead -
" non-possession period ".
(2)	After regulation 3 80(2) the following subregulation is inserted -
(3) In this regulation - "non-possession period", in any year, means the

closed season in that year other than the first
12 hours after the end of the 23 days referred to in
the definition of "closed season" in
regulation 38G.

29 December 2006 GOVERNMENT GAZETTE, WA 5891

9.            Regulation 64S amended

(1)	Regulation 64S(1) is amended by deleting "Subject to regulation 64U, a" and inserting instead -
" J ,,
(2)	Regulation 645(2)(a) is deleted.
(3)	Regulation 64S(4) is amended as follows:

(a)	by deleting paragraphs (a), (b) and (f) and "or" after paragraph (f);
(b)	after paragraph (g) by deleting the full stop and inserting instead -

44

or

(h) of Big Brook Dam, Drakes Brook Dam, Glen

Mervyn Dam, Logue Brook Dam and Lake

Navarino (Waroona Dam).

IF

(c) after each of paragraphs (c) to (e) by inserting -

or

10.          Regulation 64U repealed

Regulation 64U is repealed.

11.          Part 4B Division 3 Subdivision 4 replaced

Part 4B Division 3 Subdivision 4 is repealed and the following
Subdivision is inserted instead -

"

Subdivision 4 - Bag limit for marron in marron

trophy waters

64ZH. Bag limit for marron in marron trophy waters	For the purposes of section 50 of the Act, the bag limit
in respect of marron taken from marron trophy waters
is 5 marron.

12.          Part 4B Division 3 Subdivision 7 repealed

Part 4B Division 3 Subdivision 7 is repealed.

13.          Schedule 2 amended

Schedule 2 Part 2 Division 5 is amended by deleting the item for "Marron" and inserting the following item instead -

Marron -

(a)	when taken from matron trophy waters	90
(b)	in any other case .......................................	80

,'

5892 GOVERNMENT GAZETTE, WA 29 Decemher 2006

14. Schedule 12 amended
Schedule 12 Part 2 item 5 is amended by deleting "6411.-.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.