Fish Resources Management Amendment Regulations (No. 9) 2009 (WA)

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9 June 2009 GOVERNMENT GAZETTE, WA 1911
— PART 1 —

FISHERIES

FI301*

Fish Resources Management Act 1994

Fish Resources Management Amendment

Regulations (No. 9) 2009

Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.

1.             Citation

These regulations are the Fish Resources Management
Amendment Regulations (No. 9) 2009.

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 1 July 2009.

3.             Regulations amended

These regulations amend the Fish Resources Management
Regulations 1995.

4.             Regulation 129 amended

In regulation 129(2)(b) delete “item 5” and insert:

item 4

5.             Regulation 166 amended

In regulation 166(1)(b) delete “item 14” and insert:

item 13

1912 GOVERNMENT GAZETTE, WA 9 June 2009

6.             Regulation 176 amended

In regulation 176(2)(b) delete “item 16” and insert:

item 15

7.             Regulation 178 amended

In regulation 178(2)(b) delete “item 15” and insert:

item 14

8.             Regulation 179 amended

In regulation 179(3)(b) delete “item 19” and insert:

item 18

9.             Schedule 1 replaced

Delete Schedule 1 and insert:

Schedule 1 — Fees

Part 1 — General fees

Table

Fees $

1.       Application for an exemption under section 7(4) —

(a) to the Minister, for any purpose (as provided
by section 7(2) of the Act) 2 220.00
(b) to the CEO, for the purposes of scientific

research (as provided by section 7(3)(a)), or

for educational and community awareness

programmes (as provided by section 7(3)(g)) 290.00
(c) to the CEO, for one of the purposes provided
by section 7(3)(b), (c), (d), (e), or (f) 1 170.00

2.       Copy of entry on, or extract from, the register

(reg. 114(2)(a)) 31.00
3.
Access to the register in electronic form (reg. 31.00

114(2)(b))

4.
Application for replacement authorisation (reg. 19.00

129)

9 June 2009 GOVERNMENT GAZETTE, WA 1913

Part 2 — Application fees

[reg. 135]

Fee $
1. Fishing boat licence, grant or renewal (reg. 118) 82.00
For transfer 453.00
For variation 453.00
2. Carrier boat licence, grant or renewal (reg. 120) 82.00
For transfer 453.00
For variation 453.00
3. Commercial fishing licence, grant or renewal 82.00
(reg. 122)

4.

Recreational fishing licence, grant, variation or renewal (reg. 124) —

(a) Fishing for rock lobster 38.00
(b) Fishing for marron 26.00
(c) Fishing for abalone 44.00
(d) Fishing for all freshwater fish (other than crustaceans) in waters south of 29 degrees south latitude above the tidal influence
including all lakes, dams, rivers and their 26.00

tributaries

(e) Fishing by means of a fishing net 31.00
(f) All the activities specified in paragraphs (a)
to (e) endorsed on one licence 87.00
5. Rock lobster pot licence, grant or renewal 82.00
(reg. 126)
For transfer 310.00
6. Application for authority to use another boat 453.00
(reg. 132)
7. Grant of permit under section 80 of the Act 442.00
8. Fish processor’s licence under section 83 of the Act 442.00
For renewal 86.00
For transfer 517.00
For variation (other than as set out in item 9) 517.00

9.

Variation of fish processor’s licence to change place at which fish may be processed under the licence

517.00

10. Aquaculture lease, grant or renewal (reg. 67) 2 340.00
1914 GOVERNMENT GAZETTE, WA 9 June 2009
Fee $

11. Aquaculture licence under section 92 of the Act —

In respect of freehold land 162.00
In respect of non-freehold land 733.00
For renewal 82.00
For transfer (freehold land) 162.00
For transfer (non-freehold land) 539.00
For variation (freehold land) 162.00
For variation (non-freehold land) 539.00
12.
Authorisation under section 66 of the Act 312.00
For renewal 82.00
For transfer 453.00
For variation 453.00
13.
Exclusive licence, grant or renewal (reg. 166) 733.00
14.
Authority to take fish for scientific purposes 82.00

(reg. 178)

15.
Authority to bring in non-endemic fish (reg. 176) 145.00

16.    Temporary transfer of part entitlements under

section 141 of the Act 145.00
17.
Register — notation under section 127 of the Act 145.00
Register — variation under section 131 of the Act 145.00
Register — removal of record under section 131 of 145.00

the Act

18.    Authority to take or handle fish for genetic or

chemical extraction or analysis (reg. 179) 733.00

19.    Aquatic eco-tourism operator’s licence (reg. 128B)

or restricted fishing tour operator’s licence

(reg. 128J) 65.00
For renewal 70.00
For transfer 393.00
For variation 393.00
20.
Fishing tour operator’s licence (reg. 128J) 65.00
For renewal 70.00
For transfer 393.00
For variation 393.00
9 June 2009 GOVERNMENT GAZETTE, WA 1915

Part 3 — Fees for the grant or renewal of authorisations

[reg. 137]

Fee $

1. Fish processor’s licence

Types of processing establishments —

(a) processing establishment that is erected

on land and that is used for processing

either rock lobsters or prawns 819.00
(b) processing establishment that is erected

on land and that is used for processing

both rock lobsters and prawns 1 503.00
(c) processing establishment that is erected

on land and that is used for processing

any fish including rock lobsters and

prawns 2 020.00
(d) processing establishment that is erected

on land and that is used for processing

any fish including either rock lobsters or

prawns 1 217.00
(e) processing establishment that is erected

on land and that is used for processing

any fish other than rock lobsters and

prawns 399.00
(f)
seagoing processing establishment that is used solely for processing fish including rock lobsters and prawns taken by it 399.00
(g) seagoing processing establishment that is

used solely for processing fish including

rock lobsters and prawns taken by other 399.00
boats

2.        Aquaculture licence

(a) any licence other than a licence referred
to in paragraph (b) 345.00
(b) a licence that authorises the aquaculture of marron only and is subject to the condition that the sale of the marron is prohibited unless the marron —
(i) are of a length not less than 76 mm;

and

(ii) are sold to a person who holds an

aquaculture licence or fish

processor’s licence No fee

3.        Managed fishery licence fees

(1) Abalone Managed Fishery, the sum obtained
by multiplying the total kg of entitlement
conferred by the licence (but excluding any
entitlement transferred to or from the licence
1916 GOVERNMENT GAZETTE, WA 9 June 2009
Fee $

under section 141 of the Act) by the fee for

each kg, as follows —

(a) for greenlip abalone, per kg 10.80
(b) for brownlip abalone, per kg 10.80
(c) for Roe’s abalone, per kg 3.30
(2) Abrolhos Islands and Mid West Trawl
Managed Fishery, per gear unit 6 049.00
(3)
Broome Prawn Managed Fishery 8 504.00
(4) Cockburn Sound (Crab) Managed Fishery, per
pot 27.29
(5)
Cockburn Sound (Fish Net) Managed Fishery 815.00
(6) Cockburn Sound (Line and Pot) Managed
Fishery 119.00
(7)
Cockburn Sound (Mussel) Managed Fishery 122.00
(8)
Esperance Rock Lobster Managed Fishery, 61.93
per pot
(9)
Exmouth Gulf Prawn Managed Fishery 18 792.00

(10) Kimberley Gillnet and Barramundi Managed

Fishery, per boat 2 466.00

(11) Kimberley Prawn Managed Fishery —

(a) for a Class 1 licence 945.00
(b) for a Class 2 licence 945.00
(c) for a Class 3 licence 5 000.00

(12) Marine Aquarium Fish Managed Fishery —

(a) for an individual 955.00
(b) for a body corporate 955.00
(13) Nickol Bay Prawn Managed Fishery 3 592.00
(14) Northern Demersal Scalefish Fishery —
(a) for an “A” class licence 17.00
(b) for a “B” class licence, per unit of
entitlement 62.45

(15) Onslow Prawn Managed Fishery —

(a) for an “A” class licence 10 404.00
(b) for a “B” class licence 3 663.00
(c) for a “C” class licence 122.00
(d) for a “D” class licence 122.00

(16) Pilbara Fish Trawl Interim Managed Fishery,

per fish trawl unit 8.25
(17) Pilbara Trap Managed Fishery, per trap unit 6.95
9 June 2009 GOVERNMENT GAZETTE, WA 1917
Fee $

(18) Shark Bay Beach Seine and Mesh Net

Managed Fishery, per fishing unit 2 748.00
(19) Shark Bay Prawn Managed Fishery 33 912.00
(20) Shark Bay Scallop Managed Fishery —
(a) for a class A boat, per boat 27 223.00
(b) for a class B boat, per boat 3 529.00
(21) Shark Bay Snapper Managed Fishery, per unit 15.47
(22) South Coast Estuarine Managed Fishery 1 163.00
(23) South Coast Purse Seine Managed Fishery,

the sum obtained by multiplying the number
of units of entitlement determined in
accordance with that management plan,
conferred by the licence by the fee for each

unit as follows —

(a) for zone 1 18.32
(b) for zone 2 25.56
(c) for zone 3 54.87
(d) for zone 4 105.16

(24) South Coast Salmon Managed Fishery, per

team 1 268.00

(25) South West Coast Salmon Managed Fishery,

per team 624.00

(26) South West Trawl Managed Fishery —

(a) for zone A 955.00
(b) for zone B 955.00
(c) for zone A and B 955.00
(d) for zone B and C 955.00
(e) for zone B and D 955.00
(27) Specimen Shell Managed Fishery 1 030.00
(28) Warnbro Sound (Crab) Managed Fishery 1 083.00
(29) West Coast (Beach Bait Fish Net) Managed
Fishery 277.00

(30) West Coast Demersal Gillnet and Demersal

Longline Interim Managed Fishery, per unit 3.25
(31) West Coast Purse Seine Managed Fishery 2 235.00
(32) West Coast Rock Lobster Managed Fishery,
per unit 147.00

(33) Windy Harbour-Augusta Rock Lobster

Managed Fishery, per pot 46.67
1918 GOVERNMENT GAZETTE, WA 9 June 2009
Fee $

4.        Aquatic eco-tourism operator’s licence or

restricted fishing tour operator’s licence

Types of operation —

(1)(a) Using —

(i)

one boat with a surveyed length of more than 7.5 m and an open water passenger capacity of 20 persons or less and an associated power boat

with a length of 4.5 m or more but
7.5 m or less, in one zone; or

(ii)    one or more boats with a surveyed

length of 7.5 m or less and a
combined open water passenger
carrying capacity of 20 persons or

less, in one zone 259.00
(b) In addition to the fee specified in item 4(1)(a) —

(i)     for each additional 10 passengers or

part thereof 129.00
(ii)
for each additional associated power boat with a surveyed length of 4.5 m or more but 7.5 m or less 259.00

(iii) for a licence to operate the boat in

more than one zone, for each

additional zone 129.00

(iv) for each additional boat specified in the licence with a surveyed length of more than 7.5 m and an open water

passenger capacity of 20 persons or

less 259.00
(2)(a) A land based operation authorised to
operate in one zone with not more than
20 tourists taking part in the tour 259.00
(b) In addition to the fee specified in item 4(2)(a) —

(i)     for each additional capacity of 10

tourists 129.00

(ii)    for a licence to operate in more than

one zone, for each additional zone 129.00
(3)(a) A combination of boat and land or boat
and aircraft operations with a total

passenger carrying capacity of 20 persons or less, authorised to operate in one zone and a maximum of 2 boats with a

surveyed length of 4.5 m or more but
7.5 m or less 259.00
9 June 2009 GOVERNMENT GAZETTE, WA 1919
Fee $

(b)

In addition to the fee specified in item 4(3)(a) —

(i) for each additional capacity of
10 tourists or part thereof 129.00

(ii)

for each additional associated power boat with a surveyed length of 4.5 m or more but 7.5 m or less

259.00

(iii) for a licence to operate a boat in

more than one zone, for each 129.00
additional zone

5.        Fishing tour operator’s licence

Types of operation —

(1)(a) Using a boat with a surveyed length of
more than 7.5 m and an open water
passenger capacity of 20 persons or less
and an associated power boat with a
length of 4.5 m or more but 7.5 m or less,
in one zone 636.00

(b)

In addition to the fee specified in item 5(1)(a) —

(i)

for each additional associated power boat with a surveyed length of more than 7.5 m and a maximum

passenger carrying capacity of

20 passengers or less 636.00

(ii)

for each additional associated power boat with a surveyed length of more than 4.5 m but less than 7.5 m

312.00

(iii) for each additional passenger

carrying capacity of 10 passengers or

a part thereof 312.00

(iv) for a licence to operate in more than

one zone, for each additional zone 636.00

(2)(a)

A land based operation, authorised to operate in one zone with a maximum capacity of 20 passengers

259.00

(b)

In addition to the fee specified in item 5(2)(a) —

(i) for each additional 10 passengers
carrying capacity or part thereof 129.00

(ii)    for a licence to operate in more than

one zone, for each additional zone 129.00
1920 GOVERNMENT GAZETTE, WA 9 June 2009
Fee $
(3)(a) A combination of boat and land or boat
and aircraft operations with a total

passenger carrying capacity of 20 persons or less, authorised to operate in one zone and a maximum of 2 boats with a

surveyed length of 4.5 m or more but
7.5 m or less 636.00

(b)

In addition to the fee specified in item 5(3)(a) —

(i) for each additional capacity of
10 passengers or part thereof 312.00

(ii)

for each additional associated power boat with a surveyed length of 4.5 m or more but 7.5 m or less

312.00

(iii) for a licence to operate a boat in

more than one zone, for each

additional zone 636.00

6.        Fishing boat licence

Types of boat —

(1) a boat 6.5 m or longer 315.00
(2) a boat shorter than 6.5 m 85.00

7.        Tag authorising the possession of one pink

snapper in the Freycinet Estuary 10.00

By Command of the Lieutenant-Governor and deputy of the Governor,

R. KENNEDY, Clerk of the Executive Council.

———————————

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