Fish Resources Management Amendment Regulations (No. 9) 2011 (WA)
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WESTERN 4619 AUSTRALIAN
GOVERNMENT
| ISSN 1448-949X | PRINT POST APPROVED PP665002/00041 |
| PERTH, WEDNESDAY, 2 NOVEMBER 2011 | No. 210 SPECIAL |
PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.30 PM
© STATE OF WESTERN AUSTRALIA
Fish Resources Management Act 1994
Fish Resources Management Amendment
Regulations (No. 9) 2011
Made by the Governor in Executive Council.
1. Citation
These regulations are the Fish Resources Management
Amendment Regulations (No. 9) 2011.
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 (gazettal day); (b) regulation 9 — on 15 November 2011; (c) the rest of the regulations — on the day after gazettal day.
3. Regulations amended
These regulations amend the Fish Resources Management
Regulations 1995.
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4. Regulation 11 amended
After regulation 11(5) insert:
(6) For the purposes of section 48(c) of the Act, where the
fish the subject of an offence is a weedy seadragon, it
is a defence that the fish was taken by a person acting
under a managed fishery licence granted in respect of
the Marine Aquarium Fish Managed Fishery.
5. Regulation 38D amended
In regulation 38D(2) delete “the holder of a managed fishery
licence that authorises abalone to be taken,” and insert:a person authorised to take abalone under a managed
fishery licence,
6. Regulation 38GA amended
In regulation 38GA delete “the holder of a managed fishery
licence that authorises abalone to be taken,” and insert:a person authorised to take abalone under a managed
fishery licence,
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7. Regulation 41 amended
In regulation 41(1) and (2A) delete “the holder of a managed
fishery licence that authorises abalone to be taken,” and insert:a person authorised to take abalone under a managed
fishery licence,
Note: The heading to amended regulation 41 is to read: Shucking of abalone except by person authorised under managed
fishery licence
8. Regulation 44A replaced
Delete regulation 44A and insert:
44A. Closed season for freshwater fish
(1) In this regulation — freshwater fish means the fish listed in Schedule 7
Division 2.(2) Subject to subregulation (3), a person must not fish for
freshwater fish during the period from 1 July to
31 August, both dates inclusive, in any year in waters
south of 29° south latitude above the tidal influence,
including all lakes, dams, rivers and their tributaries.Penalty: a fine of $2 000. (3) Subregulation (2) does not apply to a person who fishes
for freshwater fish —
(a)
in waters on private land, other than waters passing through that land; or
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(b) in the waters, including tributaries flowing into those waters, of — (i) Big Brook Dam;
(ii) the Blackwood River;
(iii) the Donnelly River;
(iv) Glen Mervyn Dam;
(v) the Murray River;
(vi) Lake Leschenaultia;(vii) Logue Brook Dam;
(viii) the Serpentine River, upstream of
Serpentine Falls and downstream of the
Serpentine Pipe-Head Dam;(ix) the Warren River; (x) Wellington Dam.
9. Part 4 Division 7B inserted
After regulation 55D insert:
Division 7B — Requirements relating to bait bands
55E. Terms used In this Division — bait band means plastic tape used for the purpose of
securing cartons of bulk bait;WCRL Managed Fishery means the West Coast Rock
Lobster Managed Fishery declared under the West
Coast Rock Lobster Management Plan 1993.
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55F. Bait bands on boats prohibited
(1) Subject to subregulations (2), (3) and (4), the master of
a boat being used for or in connection with fishing
must not cause or permit any bait bands to be on board
the boat.Penalty: a fine of $2 000. (2) Subregulation (1) does not apply in relation to a
licensed carrier boat being used in the WCRL Managed
Fishery to transport fish taken with the use of another
boat.(3)
Subregulation (1) does not apply in relation to a boat that is authorised to be used for or in connection with the taking of rock lobster in the WCRL Managed
Fishery if that boat —
(a)
is being used in that fishery to transport bait from a licensed carrier boat to the Abrolhos Islands; or
(b)
is a licensed fishing boat that is moored or anchored in that fishery not more than 800 m from the high water mark on the mainland or the Abrolhos Islands.
(4) Subregulation (1) does not apply in relation to a boat
being used in the WCRL Managed Fishery to
transport —
(a)
bait to or from a boat referred to in subregulation (3)(b); or
(b)
bait bands from a boat referred to in subregulation (3)(b).
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10. Regulation 64S amended
In regulation 64S(1)(b) and (3)(b) delete “a single rod, reel and
line” and insert:no more than 5 rods, reels and lines
11. Part 4B Division 3 Subdivision 5 deleted
Delete Part 4B Division 3 Subdivision 5.
12. Regulation 117 amended
(1) In regulation 117(7):
(a) in paragraph (a) delete “licence; or” and insert: licence and is fishing for a commercial purpose; or
(b) in paragraph (b) delete “a boat.” and insert: the boat.
(c) in the Penalty delete “$1 000.” and insert: a fine of $2 000.
(2) After regulation 117(7) insert:
(8) A person aboard a fishing boat must not engage in
fishing unless the person —
(a)
holds a commercial fishing licence and is fishing for a commercial purpose; or
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(b)
is a participant in a fishing tour on or from the boat.
Penalty: a fine of $2 000.
13. Regulation 123 amended
Delete regulation 123(2).
14. Regulation 124A amended
In regulation 124A(3):
(a) in paragraph (c) delete “receipt; or” and insert: receipt.
(b) delete paragraph (d).
15. Schedule 12 Part 2 amended
(1) In Schedule 12 Part 2 item 3 delete “44A(1), 44A(3),” and insert: 44A(2), 55F(1), (2) In Schedule 12 Part 2 item 4 after “38E,” insert: 38F, 38GA,
By Command of the Governor,
PETER CONRAN, Clerk of the Executive Council.
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