Fish Resources Management Regulations 1995 (WA)
Western Australia
Fish Resources Management Act 1994
Western Australia
Fish Resources Management Act 1994
These regulations may be cited as the
These regulations come into operation on the day on which the
(1) In these regulations, unless the contrary intention appears —
(a) is not more than 1.5 m at its widest point; and
(b) is so constructed that when set —
(i) its side or sides collapse so that its netting lies flat on the ground; and
(ii) its netting is not capable of ensnaring or entangling a fish;
(a) means a voyage undertaken by a person on a boat; but
(b) does not include a voyage undertaken by a person on a boat if the voyage —
(i) takes place over more than one day; or
(ii) is undertaken on a fishing boat for a commercial purpose;
(a) a detached backbone;
(b) a detached wing;
(c) a fin;
(d) a fish trunk;
(e) a head;
(f) a product of gilling or gutting the fish;
(g) a tail;
(h) a whole fish;
(a) a hand scoop or hand dip net; or
(b) a prawn hand trawl net; or
(c) a complying drop net;
(a) a finfish that would be a whole fish except that —
(i) all of its head; and
(ii) all of its tail,
has been removed; or
(b) a finfish described in regulation 14(4) that would be a whole fish except that all, or any part of, its head, tail or scales has been removed; or
(c) a shark that would be a whole fish except that —
(i) all of its head; and
(ii) all of its tail; and
(iii) one or more of its fins,
has been removed;
(a) all land in the State; and
(b) all WA waters,
that are north of 27° 00′ south latitude, excluding the Pilbara and Kimberley Region;
(a) any letters and numbers specified in accordance with —
(i) regulation 124(2)(b) on a recreational fishing licence held by the person; or
(ii) regulation 124(4)(b)(iii) on a receipt issued to the person under regulation 124(3) for an application for the grant or renewal of a recreational fishing licence;
or
(b) where the person is an Aboriginal person who does not hold a recreational fishing licence, the letter “A” followed by the day, month and year of the birth of the person in numbers (i.e. A 29/3/59);
(a) means the waters bounded by a line commencing at a point (the
commencement point ) at 33° 27.11′ south latitude and 115° 34.57′ east longitude (on the mainland) and extending —(i) west along the parallel to a point at 33° 27.11′ south latitude and 115° 00.29′ east longitude; then
(ii) south along the meridian to a point at 33° 31.86′ south latitude and 115° 00.29′ east longitude (on the mainland at Cape Naturaliste); then
(iii) generally easterly along the high water mark to the commencement point;
and
(b) includes every river, estuary, inlet, constructed waterway and their tributaries between Cape Naturaliste and the commencement point;
(a) is propelled by means of an inboard motor powering a water jet pump; and
(b) is designed to be steered by means of handlebars by a person sitting, standing or kneeling on the vessel and not within it;
(a) Harvey Weir; and
(b) Lake Navarino (Waroona Dam) and its tributaries; and
(c) Hutt River;
(a) unless paragraph (b) applies — a period of 24 hours commencing at midnight; or
(b) in relation to fishing for marron or prawns or fishing by means of a fishing net that is set — a period of 24 hours commencing at midday;
(a) all land in the State; and
(b) all WA waters,
that are east of 114° 50′ east longitude and north of 21° 46′ south latitude;
(a) of not more than 4 m in length; and
(b) with a mesh of not less than 16 mm;
(a) a tent, vehicle or boat; or
(b) a caravan, within the meaning of the
Caravan Parks and Camping Grounds Act 1995 , unless the caravan is the person’s principal place of residence; or(c) premises where fish are processed or stored for a commercial purpose; or
(d) premises where fish are sold or purchased;
(a) the Gascoyne Region;
(b) the Pilbara and Kimberley Region;
(c) the South Coast Region;
(d) the West Coast Region;
(a) all WA waters off the southern coast of WA east of 115° 30′ east longitude; and
(b) all land and all WA waters east of 115° 30′ east longitude and in any of the following local government districts designated under the
Local Government Act 1995 —(i) the Cities of Albany and Kalgoorlie‑Boulder; and
(ii) the Shires of Boyup Brook, Bridgetown‑Greenbushes, Broomehill, Coolgardie, Cranbrook, Denmark, Dumbleyung, Dundas, Esperance, Gnowangerup, Jerramungup, Katanning, Kent, Kojonup, Kondinin, Kulin, Lake Grace, Manjimup, Nannup, Plantagenet, Ravensthorpe, Tambellup and Woodanilling;
(a) means all waters of the Swan and Canning Rivers, including their tributaries, upstream of a line commencing at a point at 32° 03.353′ south latitude and 115° 43.943′ east longitude (at the westernmost point of South Mole, Fremantle) and extending to 32° 03.230′ south latitude and 115° 43.465′ east longitude (at the westernmost point of North Mole, Fremantle); and
(b) includes all waters of Rous Head Harbour;
(a) all land in the State; and
(b) all WA waters,
that are south of 27° 00′ south latitude, excluding the South Coast Region;
(a) in the case of any type of finfish, including a large pelagic finfish —
(i) is entire; or
(ii) is entire except that it has been gilled or gutted, or both;
or
(b) in the case of a large pelagic finfish — has been cut into a maximum of 2 pieces, but —
(i) has not otherwise been modified; or
(ii) has not otherwise been modified except that it has been gilled or gutted, or both.
(2) Where in these regulations fish is referred to by only a common name set out in column 1 of Schedule 7 the fish referred to is the fish described by the scientific classification set out in column 2 of that Schedule opposite that common name.
The Western Australian Fishing Industry Council (Inc.) is the body prescribed for the purposes of the definition of
Rock lobster and marron are fish of a prescribed class for the purpose of the definition of
The fee that is to accompany an application for an exemption under section 7(4) of the Act is as set out in item 1 of Part 1 of Schedule 1.
(1) The CEO may, by notice in writing given to the holder of an exemption, require the person to return the exemption to the CEO within a period specified in the notice if —
(a) the exemption has expired or has been revoked; or
(b) the Minister or the CEO has exercised a power under section 7(6)(b) of the Act to delete, vary or add to any conditions imposed in relation to the exemption.
(2) A person must not, without reasonable excuse, refuse or fail to comply with a requirement made under subregulation (1).
Penalty: In the case of an individual, $5 000 or, in the case of a body corporate, $10 000.
The common seal of the Minister for Fisheries is to be kept in safe custody by the CEO, and is not to be affixed to any document except by the Minister in the presence of the CEO, or a person appointed by the CEO for that purpose, who is to —
(a) sign their name as witness to the affixing of the seal; and
(b) print on the document their name and the date on which, and the place where, the seal was affixed to the document.
For the purposes of the Act —
(a) the classes of fish listed in Schedule 2 Part 1 are commercially protected fish; and
(b) the classes of fish listed in Schedule 2 Part 2 are totally protected fish; and
(c) the classes of fish listed in Schedule 2 Part 3 are recreationally protected fish.
(1) For the purposes of section 48(1)(b) of the Act all fish the subject of an aquaculture licence are fish of a prescribed class.
(2) For the purposes of section 48(1)(c) of the Act it is a defence that the fish was taken by a person acting under an authority to fish for fish for scientific purposes issued under regulation 178.
(3) For the purposes of section 48(1)(c) of the Act it is a defence that the person is a person to whom, or in relation to whom, section 90 of the Act does not apply due to the operation of section 91 of the Act.
(4) For the purposes of section 48(1)(c) of the Act, where the fish the subject of an offence —
(a) is a shark or ray that is commercially protected; and
(b) in the case of a dusky whaler, has an interdorsal fin length, within the meaning in Schedule 2 Part 2 Division 2, of less than 70 cm,
it is a defence that the fish was taken by a person acting under a managed fishery licence granted in respect of —
(c) the Marine Aquarium Fish Managed Fishery; or
(d) the Kimberley Gillnet and Barramundi Managed Fishery; or
(e) any other managed fishery the management plan for which specifically allows for the taking of sharks or rays; or
(f) if the fish is an Eagle Ray, the South Coast Estuarine Managed Fishery.
(5) For the purposes of section 48(1)(c) of the Act, where the fish the subject of an offence is a totally protected whaler shark other than a dusky whaler, it is a defence that the fish was taken by a person acting under a managed fishery licence granted in respect of a managed fishery the management plan for which specifically allows for the taking of sharks or rays.
(6) For the purposes of section 48(1)(c) of the Act, where the fish the subject of an offence is a common 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.
(1) Any person who takes from the sea any rock lobster that is either a totally protected fish or a commercially protected fish must ensure that the rock lobster is —
(a) released to the sea within 5 minutes of being taken; and
(b) if taken by means of a rock lobster pot, is released to the sea before any other rock lobster pot is pulled.
Penalty: In the case of an individual, $3 000 or, in the case of a body corporate, $6 000.
(2) The master of a boat must ensure that any rock lobster that is either a totally protected fish or a commercially protected fish taken from the sea and brought on board the boat —
(a) is released to the sea within 5 minutes of being taken; and
(b) if taken by means of a rock lobster pot, is released to the sea before any other rock lobster pot is pulled.
Penalty: In the case of an individual, $3 000 or, in the case of a body corporate, $6 000.
(3) A person, other than the holder of a commercial fishing licence, who takes any totally protected fish that is a crab must not, by any means, take any further crab until the crab is released into the water from which it was taken.
Penalty: In the case of an individual, $3 000 or, in the case of a body corporate, $6 000.
A person must not, without reasonable excuse, be in possession of, or sell, any fish which has been altered, mutilated or disfigured so that it is not possible to readily identify whether or not the fish is a protected fish.
Penalty: In the case of an individual, $5 000 or, in the case of a body corporate, $10 000.
(1) A person must not —
(a) bring a finfish referred to in an item in the Table onto land from waters specified for that item; or
(b) carry a finfish referred to in an item in the Table through waters specified for that item,
unless it is a whole fish.
1. | Barramundi | WA waters |
2. | Blackspotted rockcod | WA waters |
3. | Goldspotted rockcod (estuary cod) | WA waters |
4. | Whaler sharks | WA waters |
Penalty: a fine of $3 000 and the penalty provided in section 222 of the Act.
(2) Subregulation (1) does not apply to, or in respect of —
(a) finfish taken for a commercial purpose in accordance with an authorisation; or
(b) whaler shark that is a fish trunk; or
(c) finfish on a boat if the finfish is —
(i) being consumed; or
(ii) prepared, or being prepared, for immediate consumption by persons on the boat.
[(3) deleted] (4) A person must not bring onto land or carry through WA waters a finfish other than a finfish referred to in subregulation (1) unless it is —
(a) a whole fish; or
(b) a fish trunk or fillet that has the skin attached.
Penalty: a fine of $1 000 and the penalty provided in section 222 of the Act.
(5) Subregulation (4) does not apply to, or in respect of —
(a) finfish taken for a commercial purpose in accordance with an authorisation; or
(b) finfish on a boat if the finfish is —
(i) being consumed; or
(ii) prepared, or being prepared, for immediate consumption by persons on the boat.
(1) In this regulation —
(a) the head;
(b) a part of the shark that is removed during gutting;
(a) means a fin that remains wholly or partly attached to the shark by the shark’s tissue; but
(b) does not include a fin that has been severed and reattached to the shark;
(a) that has not had any part of the shark removed other than a disposable part; and
(b) that has each fin naturally attached.
(2) A master of a fishing boat must not have on the boat a shark other than a whole shark.
Penalty for this subregulation: a fine of $10 000 and the penalty provided in section 222 of the Act.
(3) A person must not bring onto land a shark taken for a commercial purpose in accordance with an authorisation other than a whole shark.
Penalty for this subregulation: a fine of $10 000 and the penalty provided in section 222 of the Act.
(4) If a provision of a management plan for a managed fishery is inconsistent with this regulation, the provision of the management plan prevails to the extent of the inconsistency.
(1) In this regulation —
(a) the head;
(b) the tail;
(c) a part of the ray that is removed during gutting;
(2) A master of a fishing boat must not have on the boat a ray other than a whole ray.
Penalty for this subregulation: a fine of $10 000 and the penalty provided in section 222 of the Act.
(3) A person must not bring onto land a ray taken for a commercial purpose in accordance with an authorisation other than a whole ray.
Penalty for this subregulation: a fine of $10 000 and the penalty provided in section 222 of the Act.
(1) The bag limit that applies in respect of fish that a person is in possession of is the bag limit that applies in any region or other area of the State in which the person is in possession of any fish which would permit the person to be in possession of the greatest number of fish.
(2) Despite subregulation (1), the maximum quantity of fish that a person may be in possession of must not exceed the bag limit that applies in respect of the fish in the region or other area of the State where the fish is, or are, located.
(1) For the purposes of section 51(1) of the Act, the maximum quantity of finfish (other than Bait Fish, Garfish, Hardyhead or Mullet) that a person may be in possession of in the circumstances set out in column 1 of the Table is the quantity set out in column 2 opposite the circumstances.
1. | The fish is located anywhere. | (a) 20 kg of fillets; or (b) 10 kg of fillets and one day’s bag limit of whole fish or fish trunks; or (c) 2 days’ bag limit of whole fish or fish trunks. |
2. | Item 4 does not apply to the person and the fish is located at a place that is not the person’s principal place of residence. | (a) 20 kg of fillets, of which any amount in excess of 10 kg is fillets of large pelagic finfish that have the skin attached; or (b) 10 kg of fillets and one day’s bag limit of whole fish or fish trunks; or (c) 2 days’ bag limit of whole fish or fish trunks. |
3. | The person is on, or has just completed, a day trip and the fish were taken during the course of the trip. | (a) Where all of the fish is filleted, 20 kg of fillets, of which any amount in excess of 10 kg is fillets of large pelagic finfish that have the skin attached; or (b) where not all of the fish is filleted, one day’s bag limit of whole fish or fish trunks, not more than 10 kg of which is filleted. |
4. | The person is on, or has just completed, an extended fishing tour and the fish were taken during the course of the tour. | (a) 20 kg of fillets; or (b) 10 kg of fillets and one day’s bag limit of whole fish or fish trunks; or (c) 2 days’ bag limit of whole fish or fish trunks. |
5. | The fish is located in the Freycinet Estuary or the adjacent land area west of Shark Bay Road and north of Useless Loop Road. | (a) 5 kg of fillets; or (b) one day’s bag limit of whole fish or fish trunks. |
6. | The fish is located in — (a) the Abrolhos Islands reserve; or (b) the Abrolhos Islands Fish Habitat Protection Area. | (a) 10 kg of fillets, of which any amount in excess of 5 kg is fillets of large pelagic finfish that have the skin attached; or (b) one day’s bag limit of whole fish or fish trunks. |
7. | The fish is barramundi and is located at a place that is not the person’s principal place of residence. | 2 barramundi. |
8. | The fish is located in the Jungulu Special Purpose Zone (wilderness conservation) of the Lalang‑garram / Camden Sound Marine Park. | (a) 1 whole fish; or (b) 2 fillets of fish. |
Notes for this Table:
1. The possession limit set out in item 1 applies to a person in each case.
2. If 1 or more of the possession limits set out in items 2 to 8 also apply to the person, each of those limits and the limit set out in item 1 apply simultaneously.
(2) For the purposes of —
(a) the Table to subregulation (1), fish on a boat that are not in the possession of any other person on the boat are taken to be in the possession of the master of the boat; and
(b) determining the number of fish in a person’s possession under column 2 paragraph (b) of item 3 or item 7 of the Table to subregulation (1), 2 fillets are taken to be equivalent to 1 whole fish.
(1A) In this regulation —
(a) a fishing boat; or
(b) a charter boat while it is being used to conduct a fishing tour.
(1) The master of a boat, other than an excluded boat, being used in the West Coast Region must ensure that the number of demersal finfish on or attached to the boat, and any tender or other vessel operating with or attached to the boat, at any one time is not more than 4.
Penalty for this subregulation: a fine of $10 000 and the penalty provided in section 222 of the Act.
(2) For the purposes of determining the number of demersal finfish under subregulation (1), 2 fillets are taken to be equivalent to 1 whole fish.
(1) The master of a fishing boat must ensure that the number of fish of the types specified in column 1 of an item of the Table that are on, or attached to, the boat at any one time does not exceed the number set out in column 2 of that item.
1. | Billfish (Marlins, Sailfish and Spearfish) Swordfish Tuna, Southern Bluefin | 0 |
2. | Tuna, Bigeye Tuna, Yellowfin | 2 |
3. | Albacore Mackerel, Blue Mackerel, Common Jack Mackerel, Peruvian Jack Redbait Scad, Yellowtail Tuna, Longtail Tuna, Skipjack Fish of the Family Bramidae when taken in WA waters outside the 200 m isobath | 10 |
Penalty for this subregulation:
(a) for an individual, a fine of $5 000;
(b) for a body corporate, a fine of $10 000.
(2) This regulation does not apply —
(a) to fish taken in accordance with a fishing permit or statutory fishing right granted under the Commonwealth Act; or
(b) if all the fish held or transported on the fishing boat were taken solely for a non‑commercial purpose.
(3) If this regulation applies, the fish referred to in subregulation (1) are taken not to be in the possession of a person for the purposes of regulation 16D.
[(1)‑(3) deleted] (3A) For the purposes of section 51(1) of the Act, the maximum quantity of fish of the species referred to in this subregulation that a person on a boat may be in possession of, whether the fish is on or attached to the boat or any tender or other vessel operating with or attached to the boat, is —
(a) if there is only one person on the boat —
(i) one day’s bag limit of blue swimmer (blue manna) crabs; and
(ii) one day’s bag limit of mud crabs (brown and green combined); and
(iii) one day’s bag limit of cuttlefish, octopus and squid (combined); and
(iv) one day’s bag limit of rock lobster; and
(v) one day’s bag limit of brownlip and greenlip abalone (combined);
or
(b) if there are 2 persons on the boat —
(i) 2 days’ bag limit of blue swimmer (blue manna) crabs; and
(ii) 2 days’ bag limit of mud crabs (brown and green combined); and
(iii) 2 days’ bag limit of cuttlefish, octopus and squid (combined); and
(iv) 2 days’ bag limit of rock lobster; and
(v) 2 days’ bag limit of brownlip and greenlip abalone (combined);
or
(c) if there are 3 persons on the boat —
(i) 3 days’ bag limit of blue swimmer (blue manna) crabs in Cockburn Sound or the Swan and Canning Rivers; and
(ia) 2 days’ bag limit of blue swimmer (blue manna) crabs in WA waters other than Cockburn Sound or the Swan and Canning Rivers; and
(ii) 2 days’ bag limit of mud crabs (brown and green combined); and
(iii) 2 days’ bag limit of cuttlefish, octopus and squid (combined); and
(iv) 3 days’ bag limit of rock lobster; and
(v) 2 days’ bag limit of brownlip and greenlip abalone (combined);
or
(d) if there are 4 or more persons on the boat —
(i) 4 days’ bag limit of blue swimmer (blue manna) crabs in Cockburn Sound or the Swan and Canning Rivers; and
(ii) 2 days’ bag limit of blue swimmer (blue manna) crabs in WA waters other than Cockburn Sound or the Swan and Canning Rivers; and
(iii) 2 days’ bag limit of mud crabs (brown and green combined); and
(iv) 2 days’ bag limit of cuttlefish, octopus and squid (combined); and
(v) 3 days’ bag limit of rock lobster; and
(vi) 2 days’ bag limit of brownlip and greenlip abalone (combined).
(3B) For the purposes of section 51(1) of the Act, the maximum quantity of fish of the species referred to in this subregulation that the master of a boat may be in possession of on the boat, whether the fish is on or attached to the boat or any tender or other vessel operating with or attached to the boat, is —
(a) if there is only one person on the boat —
(i) one day’s bag limit of blue swimmer (blue manna) crabs; and
(ii) one day’s bag limit of mud crabs (brown and green combined); and
(iii) one day’s bag limit of cuttlefish, octopus and squid (combined); and
(iv) one day’s bag limit of rock lobster; and
(v) one day’s bag limit of brownlip and greenlip abalone (combined);
or
(b) if there are 2 persons on the boat —
(i) 2 days’ bag limit of blue swimmer (blue manna) crabs; and
(ii) 2 days’ bag limit of mud crabs (brown and green combined); and
(iii) 2 days’ bag limit of cuttlefish, octopus and squid (combined); and
(iv) 2 days’ bag limit of rock lobster; and
(v) 2 days’ bag limit of brownlip and greenlip abalone (combined);
or
(c) if there are 3 persons on the boat —
(i) 3 days’ bag limit of blue swimmer (blue manna) crabs in Cockburn Sound or the Swan and Canning Rivers; and
(ia) 2 days’ bag limit of blue swimmer (blue manna) crabs in WA waters other than Cockburn Sound or the Swan and Canning Rivers; and
(ii) 2 days’ bag limit of mud crabs (brown and green combined); and
(iii) 2 days’ bag limit of cuttlefish, octopus and squid (combined); and
(iv) 3 days’ bag limit of rock lobster; and
(v) 2 days’ bag limit of brownlip and greenlip abalone (combined);
or
(d) if there are 4 or more persons on the boat —
(i) 4 days’ bag limit of blue swimmer (blue manna) crabs in Cockburn Sound or the Swan and Canning Rivers; and
(ii) 2 days’ bag limit of blue swimmer (blue manna) crabs in WA waters other than Cockburn Sound or the Swan and Canning Rivers; and
(iii) 2 days’ bag limit of mud crabs (brown and green combined); and
(iv) 2 days’ bag limit of cuttlefish, octopus and squid (combined); and
(v) 3 days’ bag limit of rock lobster; and
(vi) 2 days’ bag limit of brownlip and greenlip abalone (combined).
(3C) Despite subregulations (3A) and (3B), the master of a boat that is not a fishing boat must ensure that the quantity of fish of the species referred to in this subregulation that is on or attached to the boat and any tender or other vessel operating with or attached to the boat is not more than —
(a) if there is only one person on the boat —
(i) one day’s bag limit of blue swimmer (blue manna) crabs; and
(ii) one day’s bag limit of mud crabs (brown and green combined); and
(iii) one day’s bag limit of cuttlefish, octopus and squid (combined); and
(iv) one day’s bag limit of rock lobster; and
(v) one day’s bag limit of brownlip and greenlip abalone (combined);
or
(b) if there are 2 persons on the boat —
(i) 2 days’ bag limit of blue swimmer (blue manna) crabs; and
(ii) 2 days’ bag limit of mud crabs (brown and green combined); and
(iii) 2 days’ bag limit of cuttlefish, octopus and squid (combined); and
(iv) 2 days’ bag limit of rock lobster; and
(v) 2 days’ bag limit of brownlip and greenlip abalone (combined);
or
(c) if there are 3 persons on the boat —
(i) 3 days’ bag limit of blue swimmer (blue manna) crabs in Cockburn Sound or the Swan and Canning Rivers; and
(ia) 2 days’ bag limit of blue swimmer (blue manna) crabs in WA waters other than Cockburn Sound or the Swan and Canning Rivers; and
(ii) 2 days’ bag limit of mud crabs (brown and green combined); and
(iii) 2 days’ bag limit of cuttlefish, octopus and squid (combined); and
(iv) 3 days’ bag limit of rock lobster; and
(v) 2 days’ bag limit of brownlip and greenlip abalone (combined);
or
(d) if there are 4 or more persons on the boat —
(i) 4 days’ bag limit of blue swimmer (blue manna) crabs in Cockburn Sound or the Swan and Canning Rivers; and
(ii) 2 days’ bag limit of blue swimmer (blue manna) crabs in WA waters other than Cockburn Sound or the Swan and Canning Rivers; and
(iii) 2 days’ bag limit of mud crabs (brown and green combined); and
(iv) 2 days’ bag limit of cuttlefish, octopus and squid (combined); and
(v) 3 days’ bag limit of rock lobster; and
(vi) 2 days’ bag limit of brownlip and greenlip abalone (combined).
Penalty: a fine of $10 000 and the penalty provided in section 222 of the Act.
(3D) The master of a charter boat does not commit an offence under subregulation (3C)(c)(ii) if —
(a) there are 10 or more persons on the charter boat; and
(b) there are no more than 20 mud crabs (brown and green combined) on or attached to the boat and any tender or other vessel operating with or attached to the boat.
[(3E) deleted] (4) In any proceedings for an offence under section 51(2) of the Act in the circumstances referred to in subregulation (3A) or (3B) it is a defence for the person charged to prove that the person was the master of a commercial passenger boat not used for fishing.
(5) For the purposes of subregulation (3B), fish on a boat that are not in the possession of any other person on the boat are taken to be in the possession of the master of the boat.
Subject to regulation 16E(3A)(a)(iv) and (b)(iv), (3B)(a)(iv) and (b)(iv) and (3C)(a)(iv) and (b)(iv), for the purposes of section 51(1) of the Act, the maximum quantity of rock lobster that a person may be in possession of is 24 rock lobsters.
(1) For the purposes of section 51(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 high water mark of marron trophy waters, is 5 marron; and
(b) at any other place, is 16 marron.
(2) The possession limits prescribed by subregulation (1) do not apply during the non‑possession period as defined in regulation 38O.
(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
(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.
(1) In this regulation —
(2) For the purposes of section 51(1) of the Act, the maximum quantity of abalone that a person may be in possession of, other than at the person’s principal place of residence, is —
(a) 20 abalone that are other than prescribed abalone; and
(b) 10 prescribed abalone.
(3) For the purposes of section 51(1) of the Act, the maximum quantity of abalone that a person may have at the person’s principal place of residence is —
(a) 80 abalone that are other than prescribed abalone; and
(b) 20 prescribed abalone.
r.16G-16Hdeleted:SL2021/118r.14; [Subdivision 3: r. 16I-16J deleted: Gazette 8 Jan 2016 p. 21‑22.]
It is a defence in proceedings for an offence against section 51(2) of the Act that the person was acting in accordance with an authority to fish for fish for scientific purposes issued under regulation 178.
(1) In any proceedings for an offence against section 51 of the Act, in the absence of proof to the contrary —
(a) a person using, or in control of, a vehicle in which fish are found is taken to be in possession of the fish; and
(b) a person using or in control of a refrigerator, freezer, icebox, or other storage device in which fish are found is taken to be in possession of the fish.
[(2) deleted]
(1) In this Division —
(2) For the purposes of this Division, a person is, in the absence of proof to the contrary, taken to have packaged or stored fish if the person uses or has control of —
(a) a vehicle in which the fish is located; or
(b) a refrigerator, freezer, icebox or other storage container in which the fish is stored.
(1) A person who packages or stores finfish must ensure that a label, as described in subregulation (2), is securely attached —
(a) to each package containing finfish; and
(b) to each finfish that is stored other than in a package.
Penalty for this subregulation: a fine of $5 000 and the penalty provided in section 222 of the Act.
(2) For the purposes of subregulation (1), a label must —
(a) be not less than 75 mm in length and 25 mm in width; and
(b) have legibly written on it the full name of the owner of the finfish or package to which the label is attached; and
(c) be attached to the finfish or package in such a manner that it is clearly visible for inspection.
(3) Subregulation (1) does not apply to, and in respect of —
(a) finfish taken for a commercial purpose by a person in accordance with an authorisation; or
(b) finfish kept, bred, hatched or cultured by the person in accordance with an aquaculture licence; or
(c) Bait Fish, Garfish, Hardyhead or Mullet; or
(d) finfish —
(i) in the possession and under the direct physical control of the person who took the finfish; and
(ii) packaged or stored together only with finfish taken by the same person;
or
(e) finfish taken by a person on, or who has just completed, a day trip; or
(ea) finfish to which the labelling requirements under regulation 22AA apply; or
(f) finfish taken by a person and packaged or stored with finfish not taken by the person, if —
(i) the quantity of finfish packaged or stored together does not exceed the total of the maximum quantity of finfish that one person may be in possession of in accordance with regulation 16D(1) Table item 1; and
(ii) no other finfish are packaged or stored by the person.
[(4),(5) deleted]
(1) This regulation applies if —
(a) finfish (other than Bait Fish, Garfish, Hardyhead or Mullet) are taken during an extended fishing tour; and
(b) the finfish are brought onto land by a person at the completion of the tour; and
(c) the quantity of finfish brought onto land by the person is greater than the possession limit for finfish set out in regulation 16D(1) Table item 2.
(2) A person who packages or stores the finfish must ensure that a label, as described in subregulation (3), is securely attached —
(a) to each package containing the finfish; and
(b) to each finfish that is stored other than in a package.
Penalty for this subregulation: a fine of $5 000 and the penalty provided in section 222 of the Act.
(3) For the purposes of subregulation (2), a label must —
(a) be not less than 75 mm in length and 25 mm in width; and
(b) have legibly written on it —
(i) the full name of the owner of the package or finfish to which the label is attached; and
(ii) the name of the boat on which the extended fishing tour was undertaken; and
(iii) the date on which the finfish was brought onto land following completion of the tour;
and
(c) be attached to the package or finfish in such a manner that it is clearly visible for inspection.
In this Division —
In any proceedings for an offence under this Division, if a rock lobster pot that is being used to fish for rock lobster has attached to it one or more gear identification floats, each person whose gear identification number is marked on any of the gear identification floats is, in the absence of proof to the contrary, to be taken to be using the pot to fish for rock lobster.
(1) In this regulation —
(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;
(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 that the person was acting under the authority of a managed fishery licence granted in respect of rock lobster.
(1) A person must not fish for rock lobster using as bait —
(a) any bovine material other than gelatine or tallow; or
(b) any skin or hide; or
(c) anything to which any mammal skin or hide is attached; or
(d) a rock lobster tail or any part of a rock lobster tail.
Penalty for this subregulation: a fine of $10 000 and the penalty provided in section 222 of the Act.
(2) The master of a boat used or intended to be used to fish for rock lobster must not cause or permit to be carried on the boat for use as bait —
(a) any bovine material other than gelatine or tallow; or
(b) any skin or hide; or
(c) anything to which any mammal skin or hide is attached; or
(d) a rock lobster tail or any part of a rock lobster tail.
Penalty for this subregulation: a fine of $10 000.
(3) Subregulations (1)(b) and (2)(b) do not apply to the skin of any fish.
(4) It is a defence in proceedings for an offence against subregulation (2) that the bovine material or skin or hide —
(a) was food intended for human consumption; or
(b) was human clothing intended to be used as human clothing.
(1) A person must not use a rock lobster pot to fish for rock lobster unless the rock lobster pot is attached to a surface float that —
(a) has a diameter of not less than 150 mm if the float is spherical and, in any other case, has a length of not less than 200 mm and a width of not less than 100 mm; and
(b) is marked by branding or stamping with legible characters not less than 60 mm high and not less than 10 mm wide showing —
(i) in the case of a pot set or pulled from a licensed fishing boat, the licensed fishing boat number of the boat; or
(ii) in the case of a pot set or pulled under the authority of a managed fishery licence granted in respect of the West Coast Rock Lobster Managed Fishery, the number of the managed fishery licence; or
(iii) in the case of a pot set or pulled by a person participating in a fishing tour —
(I) if the fishing tour is conducted by the holder of a fishing tour operator licence — the letters “F.T.O.” followed by the operator’s licence number; or
(II) if the fishing tour is conducted by the holder of a restricted fishing tour operator licence — the letters “R.F.T.O.” followed by the operator’s licence number;
or
(iv) in the case of a pot set or pulled other than in the circumstances mentioned in subparagraph (i), (ii) or (iii), the gear identification number of the person setting or pulling the pot;
and
(c) is marked with only one of the numbers referred to in paragraph (b).
Penalty for this subregulation: a fine of $5 000.
(1A) A person must not use a rock lobster pot to fish for rock lobster if there are more than 2 gear identification floats attached to the pot.
Penalty for this subregulation: a fine of $5 000.
(1B) A person does not commit an offence under subregulation (1A) if, at the time the person attached the person’s gear identification float to the rock lobster pot, no more than one other gear identification float was attached to the pot.
(1C) If a rock lobster pot is on a boat or in the water, a person must not remove a gear identification float from the pot unless the float is marked with that person’s gear identification number.
Penalty for this subregulation: a fine of $5 000.
(2) A fisheries officer may seize a rock lobster pot and all floats and ropes if —
(a) the pot is not attached to a surface float; or
(b) the surface float to which the pot is attached does not comply with subregulation (1).
A person must not be in possession in WA waters of a rock lobster tail unless —
(a) the rock lobster tail is being consumed or prepared for immediate consumption; or
(b) the rock lobster tail —
(i) is on a charter boat while the boat is being used to conduct a fishing tour; and
(ii) is, or will be, prepared for consumption in the course of carrying on a business;
or
(c) the rock lobster tail is on a commercial passenger vessel that is not engaged in fishing.
Penalty:
(a) for an individual, a fine of $5 000 and the penalty provided in section 222 of the Act;
(b) for a body corporate, a fine of $10 000 and the penalty provided in section 222 of the Act.
A person must not sell a part only of a rock lobster unless —
(a) the person is authorised to do so under a fish processor’s licence and the part is a part of a whole rock lobster which was processed at the place specified in the licence as the place at which fish are to be processed; or
(b) the part was purchased from the place specified in a fish processor’s licence as the place at which rock lobster is to be processed and the person has a receipt detailing that purchase; or
(c) the rock lobster was kept, bred, hatched or cultured in accordance with an aquaculture licence.
Penalty:
(a) for an individual, a fine of $5 000 and the penalty provided in section 222 of the Act;
(b) for a body corporate, a fine of $10 000 and the penalty provided in section 222 of the Act.
(1) The master of a boat, other than a fishing boat, must not cause or permit —
(a) more than 6 rock lobster pots to be carried on the boat at any time; or
(b) a person on board the boat to pull a rock lobster pot unless that person is the holder of a recreational fishing licence specifying that the holder may fish for rock lobsters; or
(c) more than 6 rock lobster pots to be pulled by persons on board the boat —
(i) if the boat makes more than one voyage in a day, during any one voyage; or
(ii) if the boat —
(I) makes only one voyage in a day; or
(II) is on a voyage lasting more than one day,
during any one day.
(2A) Subregulation (1)(a) does not apply in respect of a licensed carrier boat carrying unbaited rock lobster pots under the terms of its licence.
(2B) Subregulation (1)(b) does not apply in respect of a person who is on board a boat that is specified on a fishing tour operator’s licence, or a restricted fishing tour operator’s licence, granted under regulation 128J and is —
(a) a participant of a fishing tour; or
(b) a master, or a member of the crew, of the boat during a fishing tour.
(2) The master of a fishing boat must not cause or permit any person on board the boat to pull a rock lobster pot unless the use of that pot is authorised under an authorisation granted under section 66 of the Act.
Penalty for an offence under subregulation (1) or (2): a fine of $5 000.
In any proceedings for an offence referred to in paragraph (a) or (b), it is a defence for the person charged to prove that the person did not know and could not reasonably have known that —
(a) in the case of an alleged offence against regulation 36(1)(b), the person who pulled the rock lobster pot did not hold a recreational fishing licence specifying that the holder may fish for rock lobsters; or
(b) in the case of an alleged offence against regulation 36(1)(c), 6 rock lobster pots had already been pulled by persons on board the boat in the relevant period.
(1) In this regulation —
(2) A person must not use a rock lobster pot to fish for rock lobster unless the pot conforms to the specifications set out in Schedule 13.
Penalty for this subregulation: a fine of $5 000.
(3) A person must not use a rock lobster pot to fish for rock lobster in the Sea Lion Protection Zone unless the pot is constructed with, or has fitted to it, a device (a
sea lion exclusion device ) that —(a) prevents a spherical object with a diameter of 132 mm being able to enter the pot through the neck; and
(b) complies with subregulation (4).
Penalty for this subregulation: a fine of $5 000.
(4) A sea lion exclusion device complies with this subregulation if —
(a) it is made of non‑flexible material; and
(b) it is —
(i) constructed; and
(ii) secured to the pot,
in such a way that it is unlikely that it could be bent, broken, pushed aside or removed by a sea lion; and
(c) it does not have any sharp points, spikes or sharp edges; and
(d) in the case of an internal SLED, at every point along the device (but not including any bracket or other thing used to secure the rod to the base of the pot) —
(i) the shortest cross‑sectional measurement is not less than 10 mm; and
(ii) the longest cross‑sectional measurement is not more than 30 mm.
In this Division —
A person must not possess or sell a part only of a deep sea crab unless —
(a) authorised to do so under a fish processor’s licence, and the part is a part of a whole deep sea crab which was processed at the place specified in the licence as the place at which fish are to be processed; or
(b) the part was purchased from the place specified in a fish processor’s licence as the place at which deep sea crabs are to be processed, and the person has a receipt detailing that purchase; or
(c) the part is —
(i) being consumed; or
(ii) prepared, or being prepared, for immediate consumption.
Penalty: In the case of an individual, $5 000 or, in the case of a body corporate, $10 000 and, in either case, the penalty provided in section 222 of the Act.
A person must not bring onto land, or attempt to bring onto land, a part only of a deep sea crab.
Penalty: In the case of an individual, $5 000 or, in the case of a body corporate, $10 000 and, in either case, the penalty provided in section 222 of the Act.
A person must not possess a part only of a raw crab that is not a deep sea crab unless the part is prepared, or being prepared, for immediate consumption.
Penalty:
(a) in the case of an individual — a fine of $5 000 and the penalty provided in section 222 of the Act; or
(b) in the case of a body corporate — a fine of $10 000 and the penalty provided in section 222 of the Act.
In this Division —
(a) for Abalone Zone 1, between 7 am and 8 am on the second Saturday in January, the first and third Saturdays in February and the second Saturday in December in any year; and
(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.
[(1) deleted] (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 for a commercial purpose in Abalone Zone 1, 2 or 3 unless the person is authorised to take sea urchins under a commercial fishing licence.
Penalty for this subregulation: a fine of $5 000 and the penalty provided in section 222 of the Act.
A person must not fish for abalone in Abalone Zone 1 by diving while using compressed air breathing apparatus.
Penalty: $5 000 and the penalty provided in section 222 of the Act.
(1) A person must not, in Abalone Zone 1, 2 or 3, be in possession of any fishing gear capable of being used to take abalone at any time other than during the fishing season for that Abalone Zone.
Penalty for this subregulation: a fine of $5 000.
(2) Subregulation (1) does not apply to a person who —
(a) is authorised to take abalone for a commercial purpose under an authorisation; or
(b) has a reasonable excuse for being in possession of the fishing gear.
(1) A person must not, in Abalone Zone 1, 2 or 3, be in possession of abalone unless the person —
(a) holds a recreational fishing licence authorising the person to fish for abalone; and
(b) is fishing during the fishing season for that Abalone Zone or in possession of the abalone during the period of 12 hours commencing immediately after that fishing season.
Penalty for this subregulation: a fine of $5 000 and the penalty provided in section 222 of the Act.
(2) Subregulation (1) does not apply to a person who is authorised to take abalone for a commercial purpose under an authorisation.
A person must not fish for any fish using as bait any abalone material.
Penalty: a fine of $10 000 and the penalty provided in section 222 of the Act.
A person, other than a person authorised to take abalone under a managed fishery licence, must not —
(a) on the seaward side of the high water mark; or
(b) in the waters of any estuary, river or inlet, or in the entrance to any of those waters,
be in possession of any abalone material other than a whole abalone.
Penalty: a fine of $10 000.
In this Division —
(a) has a base ring and top ring that have a diameter of not less than 400 mm and not more than 650 mm; and
(b) has within the base ring an internal rigid rectangular mesh —
(i) constructed of material that has a diameter of not more than 5 mm; and
(ii) with spaces that have a width of not less than 32 mm and a length of not less than 80 mm;
and
(c) does not have anything attached to it or placed in it that —
(i) restricts the movement of marron through the mesh; or
(ii) reduces the size of the spaces of the mesh;
(a) is constructed of a pole to one end of which is attached a noose that, when the pole is used to take a marron, operates by closing under the weight of the marron; and
(b) does not have anything attached to the pole that enables a person to open or close the noose;
(a) is generally hemispherical and has a mesh —
(i) constructed of wire with a diameter of not more than 5 mm; and
(ii) that does not have more than 75 spaces; and
(iii) that does not have more than 6 support wires radiating from the centre of the base to the top rim;
and
(b) has a circular top ring with an internal diameter that does not exceed 375 mm; and
(c) has an internal depth that, measured from the plane of the rim, is not more than 210 mm; and
(d) does not have anything attached to it or placed in it that restricts the movement of marron through the mesh; and
(e) is fitted with a handle that is not more than 1 400 mm in length.
Subject to regulation 38I, a person must not fish for marron by using anything except —
(a) not more than 6 marron drop nets; or
(b) a single marron pole snare; or
(c) a single marron scoop net.
Penalty: For a first offence $5 000 or, for a second or subsequent offence, $10 000 and, for any offence, the penalty provided in section 222 of the Act.
(1) A person must not fish for marron in the waters to which subregulation (2) applies by using anything except a single marron pole snare.
Penalty: For a first offence $5 000 or, for a second or subsequent offence, $10 000 and, for any offence, the penalty provided in section 222 of the Act.
(2) This subregulation applies to the waters —
[(a),(b) deleted] (c) of Harvey Dam and the Harvey River upstream of the South Western Highway, including the tributaries flowing into those waters; and
[(d) deleted] (e) upstream of the Wellington Dam wall, including the tributaries flowing into those waters but not including the waters of the Collie River upstream of the Mungalup Road Bridge; and
[(f) deleted] (g) subject to regulation 38J, of the Margaret River, including its tributaries; and
(h) of Big Brook Dam, Drakes Brook Dam, Glen Mervyn Dam, Logue Brook Dam and Lake Navarino (Waroona Dam).
A person must not fish for marron in —
(a) the Margaret River within the area that begins 300 m upstream of the Bussell Highway Bridge and ends 50 m downstream of that bridge; or
(b) the Margaret River upstream of the Ten Mile Brook junction; or
(c) the tributaries flowing into the part of the river described in paragraph (b).
Penalty: For a first offence $5 000 or, for a second or subsequent offence, $10 000 and, for any offence, the penalty provided in section 222 of the Act.
A person must not fish for marron —
(a) by using a boat; or
(b) by swimming, or diving, while using a face mask, goggles, a snorkel, flippers or similar gear.
Penalty: For a first offence $5 000 or, for a second or subsequent offence, $10 000 and, for any offence, the penalty provided in section 222 of the Act.
(1) A person must not use a boat in WA waters to transport a marron drop net or marron scoop net.
Penalty: For a first offence $5 000 or, for a second or subsequent offence, $10 000.
(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).
A person must not fish for marron during the closed season.
Penalty: For a first offence $5 000 or, for a second or subsequent offence, $10 000 and, for any offence, the penalty provided in section 222 of the Act.
(1) A person must not —
(a) remove any marron; or
(b) cause or permit any marron to be removed,
during the closed season from private land owned or occupied by the person.
Penalty: For a first offence $5 000 or, for a second or subsequent offence, $10 000 and, for any offence, the penalty provided in section 222 of the Act.
(2) It is a defence in proceedings for an offence against subregulation (1) for the person charged to prove that the marron removed from private land owned or occupied by the person —
(a) had been sold by retail to the public; or
(b) had been kept, bred, hatched or cultured in accordance with an aquaculture licence.
(1) A person must not be in possession of any marron during the non‑possession period except on private land owned or occupied by the person.
Penalty: For a first offence $5 000 or, for a second or subsequent offence, $10 000 and, for any offence, the penalty provided in section 222 of the Act.
(2) It is a defence in proceedings for an offence against subregulation (1) for the person charged to prove that the marron in his or her possession —
(a) had been sold by retail to the public, or were at any place for the purpose of being sold by retail to the public, or served as meals to the public, in, on or from the place; or
(b) were being, or had been, kept, bred, hatched or cultured in accordance with an aquaculture licence; or
(c) were at a place specified in a fish processor’s licence under section 83(2) of the Act for the purpose of being processed in accordance with the licence.
(3) In this regulation —
(1) A person, other than a person who is the holder of a commercial fishing licence, must not fish for prawns by means of using any fishing gear other than —
(a) a single hand dip net; or
(b) subject to subregulation (2), a single prawn hand trawl net; or
(c) a single hand scoop net; or
(d) a single throw net that has a length not exceeding 3 m measured from the centre retrieval line to the lead line and a mesh of not more than 25 mm.
(2) A person fishing for prawn using a prawn hand trawl net must not —
(a) attach that net to a boat; or
(b) set the net.
Penalty: $3 000.
A person must not fish for freshwater prawns (cherabin) by means of using any fishing gear other than —
(a) not more than 6 complying drop nets; or
(b) a single pole snare; or
(c) a single hand scoop net; or
(d) a single throw net that has a length not exceeding 3 m measured from the centre retrieval line to the lead line and a mesh of not more than 25 mm,
at any one time.
Penalty: $2 000.
(1) Subject to subregulation (2), a person, other than a person authorised to take abalone under a managed fishery licence, must not —
(a) on the seaward side of the high water mark; or
(b) in the waters of any estuary, river or inlet, or in the entrance to any of those waters; or
(c) within 200 m of, and on the landward side of, the high water mark,
remove the shell, or cause or permit the shell to be removed, from an abalone.
Penalty: a fine of $5 000 and the penalty provided in section 222 of the Act.
(2A) A person, other than a person authorised to take abalone under a managed fishery licence, must not bring onto land, or attempt to bring onto land, an abalone from which the shell has been removed.
Penalty: a fine of $5 000 and the penalty provided in section 222 of the Act.
(2) Subregulation (1)(c) does not apply to a person if that person —
(a) removes an abalone from its shell, or permits an abalone to be removed from its shell, within an area described in the Table to this regulation; and
(b) immediately takes the abalone from which the shell has been removed from that area to an area which is more than 200 m on the landward side of the high water mark.
The fish cleaning facility situated approximately 40 m in an easterly direction from the intersection of Wharton Road and Road No. 17027 (access road to the Duke of Orleans Caravan Park) at the Duke of Orleans Bay. |
(1) A person, other than a person who is the holder of a commercial fishing licence or an aquaculture licence, must not —
(a) on the seaward side of the high water mark, or within 200 m of, and on the landward side of, the high water mark —
(i) remove the shell, or cause or permit the shell to be removed, from a cockle, ark shell, venus clam or other species of edible mollusc; or
(ii) be in possession of a cockle, ark shell, venus clam or other species of edible mollusc from which the shell has been removed;
or
(b) bring onto land, or attempt to bring onto land, a cockle, ark shell, a venus clam or any other edible mollusc from which the shell has been removed.
(2) Subregulation (1)(a) does not apply to a person who removes the shell, or causes or permits the shell to be removed, from a cockle (ark shell), venus clam or any other edible mollusc for the purpose of immediately consuming the mollusc or using it as bait.
(3) This regulation does not apply in respect of abalone or oyster.
Penalty: $2 000.
Unless authorised to do so under an authorisation, a person must not —
(a) obstruct or attempt to obstruct the free movement of trout in any waters by means of any fixed implement or device; or
(b) interfere with or disturb trout when spawning or when on or near their spawning beds.
Penalty: $2 000.
(1) In this regulation —
(a) means the period —
(i) beginning on 1 February in a year and ending on 31 March in that year; and
(ii) beginning on 1 August in a year and ending on 15 September in that year; and
(iii) beginning on 15 October in a year and ending on 15 December in that year;
but
(b) does not include the period beginning on 29 March 2024 and ending on 31 March 2024;
(a) means a species of fish specified in Schedule 3 Division 1 Subdivision 2 column 1; but
(b) does not include —
(i) Boarfish; or
(ii) John Dory; or
(iii) Mirror Dory.
(2) During the closed season a person must not —
[(a) deleted] (b) be in possession of demersal scalefish on a boat in the waters of the West Coast Region; or
(c) bring onto land in the West Coast Region any demersal scalefish.
Penalty for this subregulation:
(a) for a first offence, a fine of $5 000 and the penalty provided in section 222 of the Act;
(b) for a second or subsequent offence, a fine of $10 000 and the penalty provided in section 222 of the Act.
(3) Subregulation (2)(b) and (c) do not apply to or in respect of demersal scalefish taken by a person —
(a) for a commercial purpose in accordance with an authorisation; or
(b) during a fishing tour on a charter boat.
(4) Subregulation (2)(c) does not apply to or in respect of demersal scalefish taken by a person fishing from the shore using a rod, reel and line or a hand‑held line.
In this Division —
(a) an electronic device for receiving, recording, generating, responding to and transmitting information, including information about the geographical position of a boat; and
(b) includes hardware, software or firmware that is capable of facilitating the operation of that device;
(1) The CEO may by notice published in the
Gazette approve an automatic location communicator of a particular make, model or type for the purposes of these regulations.(2) An automatic location communicator may be approved generally or in respect of a particular fishery specified in the notice.
(3) The CEO may by notice published in the
Gazette approve directions for the installation, use, servicing and testing of approved automatic location communicators for the purposes of these regulations.(4) Directions under subregulation (3) may specify that a particular approved automatic location communicator is to be used in, and in respect of, a particular fishery only.
(5) The CEO may by notice amend or revoke a notice under subregulation (1) or (3).
(1A) In this regulation —
(1) The CEO may, by notice in writing given to a licence holder, require the licence holder —
(a) to have installed in the fishing boat in respect of which the licence is held, in accordance with the approved directions, an approved automatic location communicator; and
(b) to ensure that that automatic location communicator is used, serviced and tested in accordance with the approved directions.
(2) If notice is given to a licence holder it is a condition of the fishing boat licence that the licence holder must comply with the notice.
(3) The CEO may by notice in writing given to the licence holder amend or revoke a notice.
(1) In this regulation —
(2) The master of an ALC fishing boat must ensure that the approved automatic location communicator on the boat is operating effectively at all times.
Penalty: $10 000.
(3) If the master of an ALC fishing boat is informed by the CEO that the ALC on the boat is not operating effectively the master must ensure that —
(a) all fishing undertaken from the fishing boat stops immediately and all fishing gear on the boat is stowed until the CEO authorises fishing to continue; and
(b) any directions given by the CEO (such as a direction that the fishing boat go to a port specified by the CEO) are complied with.
Penalty: $10 000.
(4) The master of an ALC fishing boat must ensure —
(a) that there is on board the fishing boat a means of communication that is capable of providing communication between the master of the fishing boat and the CEO at all times; and
(b) that the CEO is notified of the appropriate form of identification (such as a radio call sign) that enables the master of the fishing boat to be contacted by that means of communication.
Penalty: $10 000.
(1) Subject to subregulation (2), a person must not wilfully interfere with, damage, destroy or remove —
(a) an approved automatic location communicator installed on a fishing boat in accordance with the approved directions; or
(b) a seal of the Department that has been attached in an approved manner to an approved automatic location communicator.
Penalty: $10 000.
(2) Subregulation (1) does not apply to or in respect of a person installing, using or testing an approved automatic location communicator in accordance with the approved directions.
In this Division —
(1) Subject to subregulations (2), (3), (4) and (5), 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).
(5) Subregulation (1) does not apply in relation to a boat that is authorised to be used for or in connection with fishing in the NDS Managed Fishery or the PT Managed Fishery.
(1) In this regulation —
(2) The master of a specified boat must ensure that a bait band securing a carton is broken when the carton is opened.
Penalty for this subregulation: a fine of $2 000.
(1) The master of a boat used for an aquatic eco‑tour must not allow a participant in the tour to —
(a) take any fish while on the boat; or
(b) keep any fish on the boat; or
(c) bring onto land any fish from the boat.
Penalty: a fine of $2 000 and the penalty provided in section 222 of the Act.
(2) The person in charge of any boat, vehicle or aircraft being used for an aquatic eco‑tour must not —
(a) commence the tour with any fish on the boat, vehicle or aircraft; or
(b) allow any fish to remain on the boat, vehicle or aircraft at the end of the tour.
Penalty: a fine of $10 000 and the penalty provided in section 222 of the Act.
(3) It is a defence in proceedings for an offence against subregulation (2)(a) or (b) for the person charged to prove that the fish was purchased from a person other than a participant in the tour for the purpose of providing meals for participants in the tour.
(1) A participant in an aquatic eco‑tour 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: a fine of $2 000.
(2) The person in charge of an aquatic eco‑tour must not —
(a) provide or use, or allow participants in the tour 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 tour to engage, in the tagging or marking of sharks; or
(c) provide or use, or allow participants in the tour to use, blood, berley or any vibrating, visual, sonic, electronic, electromagnetic or other equipment for the purpose of attracting sharks.
Penalty: a fine of $10 000.
A person who uses a licensed fishing boat for or in connection with commercial fishing and an aquatic eco‑tour in the course of a single trip commits an offence.
Penalty: a fine of $5 000.
(1) The master of a licensed fishing boat must cause to be kept on board the boat the following documents, or legible copies of those documents —
(a) the fishing boat licence; and
(b) the commercial fishing licence of each member of the crew required to hold that licence; and
(c) any other authorisation relating to the boat or crew required to be held under the Act.
Penalty: $1 000.
(2) Where the CEO considers that it would be impractical to require a person to comply with subregulation (1), the CEO may exempt that person in relation to a boat or class of boats from that subregulation.
A person must not fish using a fish hook attached to —
(a) a rock lobster pot; or
(b) a float or float line attached to a rock lobster pot; or
(c) a boat mooring or mooring line; or
(d) a boat anchor or anchor line.
Penalty: For a first offence $5 000 or, for a second or subsequent offence, $10 000 and, for any offence, the penalty provided in section 222 of the Act.
(1) The authorised trade name of a species of fish set out in column 1 of Schedule 11 is the name set out opposite that species in column 2 of that Schedule.
(2) A person must not sell fish of any species under an authorised trade name unless the fish is of the species to which the authorised trade name applies.
Penalty: $5 000.
(1) A person responsible for packaging rock lobster must ensure that no package, container or receptacle which contains rock lobster exceeds 45 kg in weight.
(2) A person must not possess a bag which contains live rock lobsters if the bag measures more than one metre in depth and 600 mm in width when empty.
Penalty: $1 000.
(1) A person who sells any fish to another person, other than on a retail basis, must ensure that a label, as specified in this regulation, is attached in respect of that fish.
(2) The master of a licensed fishing boat which has been used to take rock lobster must ensure that a label, as specified in this regulation and in the form approved by the CEO, is attached in respect of that rock lobster before it is removed from the boat or sold to another person.
(3) The label referred to in subregulations (1) and (2) must be —
(a) durable and made of plastic, wood or metal; and
(b) securely attached to the fish or the exterior of any package, container or receptacle containing the fish; and
(c) rectangular in shape and not less than 75 mm in length and not less than 55 mm in width.
(3a) In relation to rock lobster, the reference in subregulation (3)(b) to the exterior of any package, container or receptacle (the
package ) is a reference to an exterior side surface of the package and does not include a reference to the exterior upper or lower surface of the package.(4) The label referred to in subregulation (1) must specify the name and principal place of residence of the person selling the fish.
(4A) The labelling requirements under subregulation (4) do not apply to the following —
(a) the nominated operator of a managed fishery licence issued under the
Abalone Management Plan 1992 who sells abalone taken in accordance with that management plan;(b) a person acting under the authority of a managed fishery licence granted in respect of the South Coast Crustacean Managed Fishery who sells crustaceans taken in accordance with the
South Coast Crustacean Managed Fishery Management Plan 2015 .
(4B) The label referred to in subregulation (1) must —
(a) in the case of a nominated operator referred to in subregulation (4A)(a) —
(i) specify the number of the managed fishery licence that authorised the abalone to be taken; and
(ii) if a licensed fishing boat was used to take the abalone — specify the licensed fishing boat number;
or
(b) in the case of a person referred to in subregulation (4A)(b) — comply with the labelling requirements set out in the
South Coast Crustacean Managed Fishery Management Plan 2015 clause 29.
(5) The label referred to in subregulation (2) must clearly identify —
(a) if the rock lobster was taken under the authority of a managed fishery licence granted in respect of the West Coast Rock Lobster Managed Fishery — the number of the managed fishery licence; or
(b) the following —
(i) the licensed fishing boat number of any licensed fishing boat which was used to fish for the fish;
(ii) the fishery and, if applicable, the area or zone of the fishery from which the fish were taken.
(6) A person must not purchase any fish unless the fish is labelled in accordance with this regulation.
(7) A person must not remove rock lobster from a package, container or receptacle labelled in accordance with this regulation before it is received by the purchaser of the rock lobster or until the rock lobster consigned for processing at a place specified in a fish processor’s licence is received at that place.
Penalty: $3 000.
Subject to Part 9, a person must not deposit, or cause or permit to be deposited, any refuse or waste —
(a) in any waters; or
(b) in any place that might result in the pollution of any waters,
where fish are or are likely to be.
Penalty: $10 000.
(1) In this regulation —
(2) A person must not, in WA waters, use berley containing mammal or bird products.
Penalty: a fine of $10 000.
(3) Subregulation (2) does not apply in respect of berley that is in the form of processed bait pellets.
(4) It is a defence in proceedings for an offence against subregulation (2) for the person charged to prove that the mammal or bird product contained in the berley was used, in accordance with the Act, as bait —
(a) in a crab drop net, rock lobster pot or other trap or device for trapping fish; or
(b) attached to a fish hook.
(1) Where, under the Act, it is prohibited for a person to use any fishing gear in any waters the person must not —
(a) possess that gear on, or in, those waters or any land adjacent to those waters; or
(b) carry that gear on any boat of which the person is master,
unless in accordance with the written approval of a fisheries officer.
Penalty: $5 000.
(2) If the fishing gear was securely stowed and did not contain any fish, it is a defence in proceedings for an offence against subregulation (1) for the person charged to prove that —
(a) in respect of all boats —
(i) the person had no reasonable alternative than to carry the fishing gear through the waters; and
(ii) the boat was being used solely for the purpose of travelling by the shortest practicable and most direct route through the waters to, or from, the nearest boat launching facility to waters where the fishing gear could be lawfully used;
or
(b) the person was the master of a licensed fishing boat and had a reasonable excuse —
(i) to be alongside a service jetty or wharf, or on a mooring in a recognised anchorage within the waters; or
(ii) to travel to, or from, a service jetty, wharf or anchorage within the waters by the shortest practicable and most direct route, to waters where the fishing gear could lawfully be used;
or
(c) due to the person’s particular circumstances, the person had no reasonable alternative but to be on the land adjacent to the waters with the fishing gear.
64. Commercial fishers etc., duties of as to records and returns (1A) In this regulation —
(a) if the activity is carried out under a commercial fishing licence —
(i) using a boat which has a master — the master of the boat; or
(ii) otherwise — the holder of the authorisation under which the activity is carried out;
or
(b) otherwise — the person who engages in the activity;
(1) A responsible person engaged for a commercial purpose in any activity referred to in subregulation (2) must keep records relevant to that activity relating to the following matters and must retain those records for a period of not less than 7 years —
(a) the catch of fish;
(b) sales of fish or fish products;
(c) output of fish or fish products;
(d) purchases of fish or fish products;
(e) receipts of fish or fish products;
(f) fishing gear or equipment bought, sold or used;
(g) times and places of fishing, or carrying out the relevant business of the person;
(h) stocks of live fish and live fish production.
(2) For the purposes of subregulation (1), the activities are —
(a) taking fish for sale;
(b) taking any species of fish for use as bait by persons engaged in commercial fishing;
(c) taking for any purpose not prohibited under section 47 of the Act any commercially protected fish;
(d) dealing in or purchasing for resale, or exporting or importing, live fish or their products;
(e) aquaculture;
(f) selling fish at a market or at an establishment at which fish are sold that have not passed through a market;
(g) processing fish;
(h) transporting fish or fish products;
(i) purchasing or receiving fish;
(j) operating a charter boat;
(k) conducting a fishing tour.
(3) A person who is the holder of a fishing boat licence or carrier boat licence must keep a record in a form approved by the CEO of the name, address and details of any commercial fishing licence held by a person who for any period is the master, or has the day to day control, of the boat in respect of which the licence is held.
(4) Subject to subregulations (4A) and (6), a person who is to keep records under this regulation must submit a return to the Department regarding the activity each month and, where the CEO has approved a form for that activity, must —
(a) use the relevant form approved by the CEO; and
(b) send the return relating to each month —
(i) to the head office of the Department in Perth; or
(ii) if another office of the Department is specified in the relevant form, to that office,
to arrive —
(iii) not later than the 15th day of the following month; or
(iv) if a later day is specified in the relevant form, not later than that day.
(4A) If the person who is to keep records under this regulation holds an aquaculture licence —
(a) subregulation (4) does not apply; and
(b) the person must submit a return to the Department regarding the activity each financial year —
(i) in the form, if any, approved for that activity by the CEO; and
(ii) by sending the return to the Department to arrive not later than 15 July in the following financial year.
(5) A person who purchases or receives any fish must ensure that the record to be kept under this regulation —
(a) exists or is made at the time that the fish is purchased or received; and
(b) specifies —
(i) the quantity and species of the fish purchased or received; and
(ii) the date of that purchase or receipt; and
(iii) the name and address of the person from whom the fish were purchased or received;
and
(c) is kept at the place where the fish are purchased or received.
(6) The CEO may exempt a person who is to keep records under this regulation from submitting a monthly return under subregulation (4) or a return under subregulation (4A) for the period of time, or in respect of the activities, specified in writing and sent to the person who is to be exempt.
(6A) A person who conducts a fishing tour on a boat must ensure that a record to be kept under this regulation exists or is made —
(a) for, and by the end of, each day the fishing tour is conducted; and
(b) before any participant in the fishing tour leaves the tour.
(7) A person must not make an entry or statement that is false or misleading in a material particular in a record kept or a return submitted under this regulation.
Penalty: In the case of an individual $5 000 or, in the case of a body corporate, $10 000 and in either case in relation to an offence under subregulation (5), the penalty provided in section 222 of the Act.
(1) In this regulation —
(2) A person must not, at commercial premises, be in possession of fish that were taken for a recreational purpose.
Penalty for this subregulation:
(a) for an individual — a fine of $5 000 and the penalty provided in section 222 of the Act;
(b) for a body corporate — a fine of $10 000 and the penalty provided in section 222 of the Act.
(2A) Subregulation (2) does not apply to or in relation to a fish that is at commercial premises at which an exempt business is conducted.
(2B) A person must not cause or permit a fish that was taken by recreational fishing to be brought onto or stored at commercial premises unless —
(a) the person conducts an exempt business at the premises; and
[(b),(c) deleted] (d) the fish is not stored in a refrigerator, freezer, icebox or other storage container that contains a fish taken for a commercial purpose; and
(e) if the fish is a finfish —
(i) the fish, or the package containing it, is labelled in accordance with regulation 22 or 22AA; and
(ii) the person whose name is on the label is staying in accommodation provided by the exempt business.
Penalty for this subregulation:
(a) for an individual — a fine of $5 000 and the penalty provided in section 222 of the Act;
(b) for a body corporate — a fine of $10 000 and the penalty provided in section 222 of the Act.
(3) For the purposes of subregulation (2) or (2B) fish is to be taken to have been taken for a recreational purpose if no record of the purchase or receipt of the fish has been kept under regulation 64.
(4) It is a defence in proceedings for an offence under subregulation (2) for the person charged to prove that the person was in possession of the fish on a part of the premises that is a residence.
If there is conflict or inconsistency between the provisions of Division 2, 3 or 4 then, to the extent of the conflict or inconsistency —
(a) the provisions of Division 3 prevail over the provisions of Division 2; and
(b) the provisions of Division 4 prevail over the provisions of Divisions 2 and 3.
In this Part —
A person must not fish using —
(a) a firearm; or
(b) a jag hook unless the jag hook is attached to a lure or is baited.
Penalty: a fine of $2 000.
(1) A person who fishes using a line must attend that line.
Penalty: $2 000.
(2) Subregulation (1) does not apply to or in relation to a person fishing for a commercial purpose in accordance with an authorisation.
(1) For the purposes of these regulations —
(a) the length of a fishing net is determined by measuring the net along the cork line on which the net is hung; and
(b) the depth of a fishing net is determined by counting the number of meshes between opposite points on the cork and lead lines; and
(c) subject to subregulation (3), the size of the mesh of a fishing net is determined by measuring from knot to knot on the inside of the mesh when lightly stretched so that the opposite knots on the alternate corners are in contact.
(2) If there is any dispute in relation to the determination of the size of the mesh of a fishing net, a 225 g weight is to be attached to one knot of the mesh to be measured and the space between that and the opposite knot measured.
(3) If the fishing net is dry and is not constructed of single monofilament material, it is to be soaked in water for at least 10 minutes before the size of the mesh is determined in accordance with this regulation.
(1) A person must not fish by using a fishing net that is a hauling net in any ocean waters outside 800 m of the low water mark of any part of the State or any island within WA waters.
(2) Subregulation (1) does not apply to a person fishing for a commercial purpose in accordance with an authorisation.
Penalty: $2 000.
(1) Unless otherwise specified in the Act or these regulations and subject to subregulation (2), a person must not use more than 2 rods, reels and lines or single lines held in the hand at any one time when fishing.
Penalty for this subregulation: a fine of $2 000.
(2) Subregulation (1) does not apply to —
(a) the holder of a commercial fishing licence; or
(b) a person fishing from a boat.
(3) A person, other than the holder of a commercial fishing licence, must not fish for demersal finfish in the West Coast Region using a line with more than 1 bait or lure attached.
Penalty for this subregulation: a fine of $2 000.
(4) A person, other than the holder of a commercial fishing licence, must not fish for fish other than demersal finfish in the West Coast Region using a line with more than 3 baits or lures attached.
Penalty for this subregulation: a fine of $2 000.
(5) A person, other than the holder of a commercial fishing licence, must not fish in WA waters other than the West Coast Region using a line with more than 3 baits or lures attached.
Penalty for this subregulation: a fine of $2 000.
(1) A person must not fish by means of using a fishing net, unless the person uses only one net at any one time and —
(a) where the net is a throw net, it —
(i) has a length not exceeding 3 m measured from the centre retrieval line to the lead line; and
(ii) has a mesh of not more than 25 mm;
or
(b) where the fishing net is not a throw net, it —
(i) has a length not exceeding 60 m; and
(ii) is not more than 25 meshes in depth; and
(iii) does not have a bag or pocket; and
(iv) has end floats with a diameter of not less than 150 mm on each of which is marked, in legible characters not less than 60 mm high and 10 mm wide, the gear identification number of that person; and
(v) has a mesh in accordance with subregulation (2); and
(vi) where the fishing net is a haul net —
(I) does not have attached to it a rope exceeding 25 m in length; and
(II) is not hauled other than by hand;
and
(vii) where the fishing net is a set net, has at all times one edge floating on the surface of the water in which it is set; and
(viii) is made of a material which is not less than 0.35 mm in diameter.
(2) The mesh of a fishing net referred to in subregulation (1)(b)(v) is to be not less than —
(a) 63 mm or more than 87 mm, where the net is used in the waters of any estuary, river or inlet, or in the entrance of any of those waters; or
(b) 51 mm or more than 114 mm, where the net is not set in any waters other than those referred to in paragraph (a); or
(c) 75 mm or more than 114 mm, where the net is set in any waters other than those referred to in paragraph (a).
(3) This regulation does not apply —
(a) to a person using a fishing net under the authority of a commercial fishing licence or an aquaculture licence; or
(b) to the taking of freshwater prawns (cherabin), crab, marron, freshwater crayfish or prawn.
Penalty: $2 000.
A person must not in any waters set a fishing net within 50 m of any other fishing net that is set.
Penalty: $1 000.
A person must not in any waters draw a fishing net on shore or on board a boat in such a manner that any protected fish in the net are, or may be, killed.
Penalty: $1 000.
(1) Priority between holders of commercial fishing licences engaged in fishing by the use of fishing nets in the same area is to be determined in accordance with this regulation.
(2) In this regulation —
(a) any portion of a beach not longer than 800 m and the waters adjacent to that beach to a distance of 800 m measured rectangularly from that beach; or
(b) any area of water that is 400 m square; or
(c) in subregulation (4), a rectangular area of water measuring 50 m out from, and at right angles to, both sides of a set net, along the length of the net.
(3) The priority rights for using fishing nets, other than set fishing nets are —
(a) the first turn belongs to the master of the first bona fide fishing boat to arrive on the ground with a net, which complies with the requirements of this Act, ready for shooting and hauling; and
(b) the next turns belong, in order of arrival on the ground, to the masters of the next bona fide fishing boats to arrive on the ground with nets, which comply with the requirements of this Act, ready for shooting and hauling; and
(c) during a particular master’s turn, the master has —
(i) exclusive right to fish the ground as long as a fishing net is ready to be shot; and
(ii) the right to use more than one fishing net where a school of fish is being shot;
and
(d) a turn ends when —
(i) the net, or nets, have been shot and hauled or, in the case of a ground that includes a beach, hauled ashore; or
(ii) the master whose turn it was leaves the ground; or
(iii) 12 hours have elapsed since the time the master next in turn arrived on the ground, or where the ground includes a beach, 24 hours have elapsed since the time the master next in turn arrived on the ground;
and
(e) a master is not to have a second turn until all other masters on the ground have had a first turn.
(4) The priority rights for using set fishing nets are —
(a) the first turn belongs to the master of the first bona fide fishing boat to arrive on the ground with a net which complies with the requirements of this Act, ready to set; and
(b) the next turns belong, in order of arrival on the ground, to the masters of the next bona fide fishing boats to arrive on the ground with nets which comply with the requirements of this Act, ready to set; and
(c) during a particular master’s turn, the master has —
(i) exclusive right to fish the ground as long as a fishing net is ready to be set; and
(ii) the right to use more than one set fishing net;
and
(d) a turn ends when —
(i) the net, or nets, have been set and hauled; or
(ii) the master whose turn it was leaves the ground without setting a fishing net; or
(iii) 24 hours have elapsed since the time the master next in turn arrived on the ground;
and
(e) a master is not to have a second turn until all other masters on the ground have had a first turn.
(5) While a person is having a turn under this regulation, another person must not —
(a) wilfully disturb or frighten fish on, or in the vicinity of, the ground; or
(b) obstruct the person having a turn; or
(c) set or place fishing nets so as to prevent fish getting to the ground.
Penalty: $2 000.
(6) The holder of a commercial fishing licence who suffers loss due to a contravention of this regulation may, with the written approval of the Minister, take legal proceedings at that person’s own expense.
A person, other than the holder of a commercial fishing licence, must not —
(a) set a fishing net in any ocean waters outside 800 m of the low water mark of any part of the State or any island within WA waters; or
(b) use a metal stake in connection with the setting of a fishing net; or
(c) leave a stake which was used in connection with the setting of a fishing net after the net is retrieved; or
(d) in the waters lying south of a line drawn from Cape Inscription on Dirk Hartog Island due east to the mainland —
(i) use any stake in connection with the setting of a fishing net; or
(ii) set or leave a set fishing net within the period beginning 1½ hours after sunrise and ending 1½ hours before sunset on any one day.
Penalty: $2 000.
A person, other than the holder of a commercial fishing licence, must not use a fishing net that is a hauling net in the waters of any estuary, river or inlet or in the entrance to any of those waters.
Penalty: $2 000.
[(1A) deleted] (1) A person, other than the holder of a commercial fishing licence, must not fish for crabs other than —
(a) by hand; or
(b) by using not more than 10 complying drop nets; or
(c) by using a hand scoop net that complies with subregulation (3); or
(d) by using a wire hook which is not capable of piercing a crab and is held in the hand.
(2) The master of a boat which is not a licensed fishing boat or a charter boat must not use, cause or permit to be carried on the boat, more than 10 drop nets in any one day.
(3AA) The master of a charter boat with fewer than 10 people on board must not use, or cause or permit to be carried on the boat, more than 10 drop nets in any one day.
(3AB) The master of a charter boat with 10 or more people on board may carry up to 20 drop nets at any one time, but must not use more than 10 drop nets in any one day.
(3AC) If a charter boat has smaller tender boats that use the charter boat as a primary boat —
(a) the charter boat is to be used to calculate the total number of drop nets that may be used or carried as a part of that charter boat’s fishing tour for the purposes of subregulations (3AA) and (3AB); and
(b) the master of the charter boat must not use, or cause or permit to be carried on any single tender boat, more than 10 drop nets in any one day.
(3A) The master of a boat which is not a licensed fishing boat must not use, or cause or permit to be carried on the boat, a drop net that is not a complying drop net.
(3) A hand scoop net must —
(a) be generally hemispherical; and
(b) be hollow; and
(c) have a circular top rim with an internal diameter not exceeding 375 mm; and
(d) have a maximum internal depth measured from the plane of that rim not exceeding 210 mm; and
(e) be constructed of material that is —
(i) inflexible; and
(ii) not capable of ensnaring or entangling a crab.
Penalty: $1 000.
In this Division —
Except as stated in regulation 64OAA, this Division does not apply to a person fishing for a commercial purpose in accordance with an authorisation.
A person must not use, or leave unattended, a prawn hand trawl net in the waters of —
(a) the Harvey Estuary and its tributaries; or
(b) the Peel Inlet and its tributaries; or
(c) the Channel Entrance to the Peel Inlet; or
(d) the Dawesville Cut.
Penalty: $2 000.
(1) A person must not set a fishing net in any waters of the West Coast Region other than in the waters of —
(a) the Peel Inlet and Harvey Estuary; or
(b) the Leschenault Estuary; or
(c) the Hardy Inlet.
(2) A person who fishes using a set fishing net in the West Coast Region must —
(a) attend that net; and
(b) remove the net from the water and clear it of fish at intervals of not more than one hour; and
(c) not set the net —
(i) in the waters referred to in subregulation (1)(a) — except within the period beginning at 4.30 p.m. and ending at midnight on any Wednesday; and
(ii) in the waters referred to in subregulation (1)(b) or (c) — within the period beginning 1½ hours after sunrise and ending 1½ hours before sunset on any one day.
Penalty: $2 000.
(1) In this regulation —
(a) for the purpose of returning to the seabed a live fish that has been taken, is able to be attached to the fish; and
(b) is able to be detached from the fish when it reaches the seabed;
(2) If a person is fishing from a fishing boat under the authority conferred by an interim managed fishery permit that applies to the West Coast Demersal Scalefish (Interim) Managed Fishery, the master of the boat must ensure that there is a release weight on the boat.
Penalty: $2 000.
(3) If a person is fishing for demersal finfish from a boat, other than a fishing boat, by means of a line, the master of the boat must ensure that there is a release weight on the boat.
Penalty: $2 000.
This Division does not apply to a person fishing for a commercial purpose in accordance with an authorisation.
(1) A person must not fish in any waters of the Pilbara and Kimberley Region using —
(a) a haul net; or
(b) a set net.
Penalty: a fine of $2 000.
(2) Subregulation (1)(a) does not apply if the person —
(a) is fishing from an island in Dampier Archipelago waters; and
(b) is using a haul net that does not exceed 30 m in length; and
(c) does not take any fish except mullet or garfish.
(3) In this regulation —
(a) means the waters of the Indian Ocean bounded by a line commencing at the high water mark at the northernmost point of Cape Preston, from there north to the intersection of the 200 m isobath, from there generally north‑easterly along the 200 m isobath to the intersection of 117° 10¢ east longitude, from there south to the intersection of the high water mark on the mainland (Cape Lambert), and from there in a generally south‑westerly direction along the high water mark on the mainland back to the commencement point; but
(b) does not include a tidal inlet, pool, creek, river or tributary that is part of the waters bounded by the line set out in paragraph (a).
This Division does not apply to a person fishing for a commercial purpose in accordance with an authorisation.
(1) A person must not set a fishing net in any waters of the South Coast Region other than —
(a) in the waters of Wilson Inlet, Beaufort Inlet, Wellstead Inlet, Gordon Inlet, Hamersley Inlet, Pallinup River, Thomas River or Princess Royal Harbour; or
(b) during May — October, in the waters of Broke Inlet, Irwin Inlet, Stokes Inlet or Gairdner River.
(2) A person who fishes using a set fishing net in the South Coast Region must not use the net —
(a) during May — October — at any time other than between 4 p.m. and 9 p.m. on a Friday or Saturday; or
(b) during November — April — at any time other than between 5 p.m. and 10 p.m. on a Friday or Saturday.
(3) A person who fishes using a set fishing net in the South Coast Region must —
(a) attend that net; and
(b) remove the net from the water and clear it of fish at intervals of not more than one hour.
(4) In this regulation —
Penalty: $2 000.
(1) A person must not fish by using a fishing net that is a throw net in any ocean waters of the South Coast Region other than for the taking of Bait Fish, Garfish, Hardyhead or Mullet.
Penalty for this subregulation: a fine of $2 000.
(2) A person fishing by using a throw net in any ocean waters of the South Coast Region must not take any fish except Bait Fish, Garfish, Hardyhead or Mullet.
Penalty for this subregulation: a fine of $2 000.
(3) Subregulations (1) and (2) do not apply to a person fishing for a commercial purpose in accordance with an authorisation.
[(4) deleted]
A person must not use, or leave unattended, a prawn hand trawl net in the waters of —
(a) the Leschenault Estuary; or
(b) the Swan River —
(i) within 100 m of any part of the Pelican Point Nature Reserve (Reserve No. 40891); or
(ii) within 100 m of any part of the Milyu Nature Reserve (Reserve No. 33803).
Penalty: $2 000.
(1) In this regulation —
(2) A person who fishes using a set fishing net in the Gascoyne Region must —
(a) attend the net; and
(b) remove the net from the water and clear it of fish at intervals of not more than one hour.
Penalty: a fine of $2 000.
A person who holds a commercial fishing licence must not use, or leave unattended, in the waters of a fishery listed in the Table to this regulation —
(a) any surface fishing net, unless the net has end floats at least 150 mm in diameter clearly marked with the licensed fishing boat number of any boat used in connection with the net; or
(b) any fishing net, unless the net has —
(i) every tenth lead weight marked clearly with lettering at least 4 mm high showing the licensed fishing boat number referred to in paragraph (a); or
(ii) every tenth net float marked clearly with lettering at least 10 mm high showing the licensed fishing boat number referred to in paragraph (a).
Penalty: $2 000.
1. | Hardy Inlet Estuarine Fishery, being the commercial fishing by fishing nets for all fish in the waters of Hardy Inlet and its tributaries. |
2. | West Coast Estuarine Managed Fishery. |
3. | Shark Bay Beach Seine and Mesh Net Managed Fishery. |
4. | South Coast Estuarine Fishery, being the commercial fishing by fishing net for all fish in the waters of all estuaries on the south coast of the State between Cape Beaufort and the 129° meridian of longitude, including Princess Royal Harbour and Oyster Harbour. |
5. | Swan/Canning Estuarine Fishery, being the commercial fishing by fishing net for all fish in the waters of the Swan River and Canning River. |
6. | Lake Argyle Fishery, being the commercial fishing by fishing net for fish in the waters of Lake Argyle. |
(1) A person referred to in subregulation (2) must not be in possession of anything capable of taking fish other than —
(a) a single marron scoop net or a single marron pole snare or not more than 6 marron drop nets; and
(b) 1 or more rods, reels and lines, or hand‑held lines; and
(c) a landing net, in accordance with regulation 64T.
Penalty: For a first offence $5 000 or, for a second or subsequent offence, $10 000.
(2) Subregulation (1) applies to a person who is in or on, or within 50 m of, the waters of —
(a) Capel River, including its tributaries; or
(b) Preston River, including its tributaries; or
(ca) the Collie River —
(i) upstream of the Australind Bypass Road and downstream of the Wellington Dam wall; and
(ii) upstream of the Mungalup Road Bridge;
or
(c) the Blackwood River upstream of the Alexandra Bridge, the Donnelly River or the Warren River, including the tributaries flowing into those waters; or
(d) Hutt River, Moore River and Murray River, upstream of the Pinjarra Weir, including the tributaries flowing into those waters; or
(e) Deep River, including its tributaries; or
(f) Gardner River, including its tributaries.
(3) A person referred to in subregulation (4) must not be in possession of anything capable of taking fish other than —
(a) a single marron pole snare; and
(b) 1 or more rods, reels and lines, or hand‑held lines; and
(c) a landing net, in accordance with regulation 64T.
Penalty: For a first offence $5 000 or, for a second or subsequent offence, $10 000.
(4) Subregulation (3) applies to a person who is in or on, or within 50 m of, the waters —
[(a)‑(c) deleted] (d) of Harvey Dam and the Harvey River upstream of the South Western Highway, including the tributaries flowing into those waters; or
(e) upstream of the Wellington Dam wall, including the tributaries flowing into those waters but not including the waters of the Collie River upstream of the Mungalup Road Bridge; or
[(f) deleted] (g) of the Margaret River, including its tributaries but not including —
(i) the waters of the Margaret River within the area that begins 300 m upstream of the Bussell Highway Bridge and ends 50 m downstream of that bridge; or
(ii) the waters of the Margaret River upstream of the Ten Mile Brook junction; or
(iii) the tributaries flowing into the part of the river described in subparagraph (ii);
or
(h) of Big Brook Dam, Drakes Brook Dam, Glen Mervyn Dam, Logue Brook Dam and Lake Navarino (Waroona Dam).
A person is not to use a landing net in any of the waters referred to in regulation 64S(2) or (4) unless the net is used only for the purpose of landing teleost fish taken by means of a rod, reel and line or a hand‑held line.
Penalty: For a first offence $5 000 or, for a second or subsequent offence, $10 000.
(1) It is a defence in proceedings for an offence against section 50(3) of the Act —
(a) for the person charged to prove that the person was acting in accordance with an authority to fish for fish for scientific purposes issued under regulation 178; or
(b) where the person is charged with bringing onto land on any one day more fish than the bag limit of those fish, for the person to prove that he or she —
(i) was in possession of the fish in accordance with regulation 16D(1) Table items 1, 2 and 4; and
(ii) was bringing those fish onto land;
or
(c) for a person charged with bringing onto land on any one day more fish than the bag limit of those fish to prove that regulation 16E(3A) or (3B) applied in respect of the fish immediately before the fish were brought onto land; or
(d) for the person charged with taking, or bringing onto land, on any one day more fish than the bag limit of those fish to prove that —
(i) the person was fishing from a boat; and
(ii) at the time the fish were taken, or brought onto land, the person was acting in accordance with 1 of the following authorities to fish for the fish —
(I) a recreational fishing licence granted under regulation 124;
(II) a recreational (boat) fishing licence granted under regulation 124C;
and
(iii) the quantity of fish taken, or brought onto land, using the boat did not exceed the combined bag limit for the boat in relation to the fish calculated under subregulation (2).
(2) For the purposes of subregulation (1)(d)(iii), the combined bag limit for a boat in relation to a fish is calculated by multiplying the bag limit for the fish by the number of persons who on the day —
(a) are fishing from the boat; and
(b) hold a recreational fishing licence or recreational (boat) fishing licence authorising the persons to fish for the fish.
(1) A person must not —
(a) take more fish than the bag limit prescribed for a region or other area of the State in that region or area; or
(b) bring onto land in a region or other area of the State more fish than the bag limit prescribed for that region or area; or
(c) bring into any WA waters in a region or other area of the State more fish than the bag limit prescribed for that region or area.
(2) A reference in subregulation (1) to a region or other area of the State includes a reference to the whole State.
(3) Except as otherwise stated, a bag limit provided for in Division 2 is prescribed for all land in the State and all WA waters.
(1) For the purposes of section 50 of the Act, the quantity of fish specified in column 2 of Schedule 3 Division 1 Subdivision 1 directly opposite a species of fish specified in column 1 of that Subdivision is the bag limit in respect of fish of that species in the South Coast, Gascoyne and North Coast regions.
(2) For the purposes of section 50 of the Act, the quantity of fish specified under the heading commencing “Grouped bag limit” in Schedule 3 Division 1 Subdivision 1 is the bag limit in respect of all species of fish specified in that Subdivision in the South Coast, Gascoyne and North Coast regions.
(1) For the purposes of section 50 of the Act, the quantity of fish specified in column 2 of Schedule 3 Division 1 Subdivision 2 directly opposite a species of fish specified in column 1 of that Subdivision is the bag limit in respect of fish of that species in the West Coast Region other than the Abrolhos Island Fish Habitat Protection Area.
(2) For the purposes of section 50 of the Act, the quantity of fish specified under the heading commencing “Grouped bag limit” in Schedule 3 Division 1 Subdivision 2 is the bag limit in respect of all species of fish specified in that Subdivision in the West Coast Region other than the Abrolhos Island Fish Habitat Protection Area.
(1) For the purposes of section 50 of the Act, the quantity of fish specified in column 2 of Schedule 3 Division 1 Subdivision 3 directly opposite a species of fish specified in column 1 of that Subdivision is the bag limit in respect of fish of that species in the Abrolhos Island Fish Habitat Protection Area.
(2) For the purposes of section 50 of the Act, the quantity of fish specified under the heading commencing “Grouped bag limit” in Schedule 3 Division 1 Subdivision 3 is the bag limit in respect of all species of fish specified in that Subdivision in the Abrolhos Island Fish Habitat Protection Area.
(1) For the purposes of section 50 of the Act, the quantity of fish specified in column 2 of Schedule 3 Division 2 Subdivision 1 directly opposite a species of fish specified in column 1 of that Subdivision is the bag limit in respect of fish of that species.
(2) For the purposes of section 50 of the Act, the quantity of fish specified under the heading commencing “Grouped bag limit” in Schedule 3 Division 2 Subdivision 1 is the bag limit in respect of all species of fish specified in that Subdivision.
(1) For the purposes of section 50 of the Act, the quantity of fish specified in column 2 of Schedule 3 Division 2 Subdivision 2 directly opposite a species of fish specified in column 1 of that Subdivision is the bag limit in respect of fish of that species.
(2) For the purposes of section 50 of the Act, the quantity of fish specified under the heading commencing “Grouped bag limit” in Schedule 3 Division 2 Subdivision 2 is the bag limit in respect of all species of fish specified in that Subdivision.
(1) For the purposes of section 50 of the Act, the quantity of fish specified in column 2 of Schedule 3 Division 3 directly opposite a species of fish specified in column 1 of that Division (
nearshore or estuarine finfish ) is the bag limit in respect of fish of that species.(2) For the purposes of section 50 of the Act, the quantity of fish specified under the heading commencing “Grouped bag limit” in Schedule 3 Division 3 is the bag limit in respect of all species of fish specified in that Division.
For the purposes of section 50 of the Act, the quantity of fish specified under the heading commencing “Grouped bag limit” in Schedule 3 Division 4 is the bag limit in respect of all species of fish specified in that Division (
(1A) In this regulation —
(a) Carp, European;
(b) Goldfish;
(c) Redfin;
(d) fish of the genus
Oreochromis spp . (entire genus).(1B) For the purposes of section 50 of the Act, the quantity of fish specified in column 2 of Schedule 3 Division 5 directly opposite a species of fish specified in column 1 of that Division is the bag limit in respect of fish of that species.
(1) For the purposes of section 50 of the Act, the bag limit for Bait Fish and Hardyhead is 9 litres.
(2) For the purposes of section 50 of the Act, the bag limit in respect of all species of finfish specified in Schedule 3 Division 5 and all other species of finfish not otherwise referred to in this Division is a grouped bag limit of 30.
For the purposes of section 50 of the Act, the quantity of crustaceans specified in column 2 of Schedule 3 Division 6 directly opposite a species, or group of species, of crustaceans specified in column 1 of that Division is the bag limit in respect of crustaceans of that species or group of species.
For the purposes of section 50 of the Act, the quantity of molluscs or invertebrates specified in column 2 of Schedule 3 Division 7 directly opposite a species, or group of species, of molluscs or invertebrates specified in column 1 of that Division is the bag limit in respect of molluscs or invertebrates of that species or group of species.
For the purposes of section 82(2)(a) of the Act fish of a prescribed class are —
(a) rock lobsters; and
(b) prawns; and
(c) scallops.
A fish processor’s licence is subject to the following conditions —
(a) the holder of the licence —
(i) must not receive or purchase marron;
(ii) must ensure that marron is not brought onto the place specified in the licence as the place at which the fish are to be processed under the licence,
unless the licence authorises the processing of marron and the marron are sold by the holder of an aquaculture licence and the consignment note referred to in regulation 69(c) is securely attached to the marron or to the receptacle, container or package containing the marron;
(b) the holder of the licence is to ensure that a consignment note referred to in paragraph (a) is retained at the place at which fish are to be processed under the licence;
(c) the holder of the licence must not purchase fish (other than fish lawfully taken outside WA waters) to process from any person other than the holder of a commercial fishing licence, a fish processor’s licence, or an aquaculture licence;
(d) the holder of the licence must notify the CEO in writing within 24 hours of becoming aware, or suspecting, that any fish at the place where fish processing is carried on under the licence is or may be affected by —
(i) any scheduled fish disease; or
(ii) any disease or condition that the person cannot identify;
(e) the holder of the licence must notify the CEO in writing within 14 days of becoming aware, or suspecting, that any fish at the place where fish processing is carried on under the licence is or may be affected by any disease or condition other than one referred to in paragraph (d) if, within those 14 days, the holder of the licence has not eradicated the disease or condition by taking all reasonable steps to do so;
(f) the holder of the licence must take all reasonable precautions to prevent the spread of any disease or condition in fish at the place where fish processing is carried on under the licence;
(g) where the holder of the licence is aware or suspects that fish at the place where fish processing is carried on under the licence are affected by any disease or condition, that person must ensure that no water is discharged from the place to a natural waterway without the prior written approval of the CEO;
(h) the holder of the licence must cause to be kept, at the place specified in the licence as the place at which fish may be processed under the licence, written records of all fish processed at the place and of the business carried on at that place.
(1) An application for the grant or renewal of an aquaculture lease must be —
(a) made to the Minister in a form approved for that purpose by the CEO; and
(b) accompanied by the fee set out in item 10 of Part 2 of Schedule 1; and
(c) accompanied by any information that the Minister reasonably requires for a proper consideration of the application.
(2) An applicant must provide the Minister with any further information that the Minister by notice in writing requires the applicant to provide in respect of an application.
(3) An applicant must, if required to do so by the Minister, verify by statutory declaration any information contained in, or given in connection with, an application.
(4) The Minister may refuse to consider an application if the application does not conform to a provision of this regulation or if the applicant has failed to comply with a provision of this regulation.
(1) Fish of the following specified classes for the following specified purposes or areas are prescribed for the purpose of section 91(a) of the Act —
(a) all fish in respect of all non‑commercial purposes; and
(b) all fish, excluding marron, in respect of display or ornamental hobby purposes; and
(c) all fish in respect of display or ornamental purposes in retail establishments; and
(d) all fish in respect of displaying the fish in a public aquarium or oceanarium.
(2) The following are prescribed for the purposes of section 91(d) of the Act in relation to a dam or lake on private land —
(a) in the area described in Schedule 6 — yabbie, koonac and gilgie; and
(b) in any area of the State — black bream.
(1) In this regulation —
(a) included in the live import list Part 1 or Part 2; and
(b) not referred to in Schedule 3.
(2) For the purposes of section 92A(4) of the Act the fish referred to in the Table are prescribed fish.
Barramundi |
Bream, Black |
Clams of species |
Clams of species |
Cod, Murray |
Gilgie |
Koonac |
Marron |
Ornamental fish |
Perch, Golden |
Perch, Silver |
Trout, Brown |
Trout, Rainbow |
Yabbie |
An aquaculture licence is subject to the following conditions —
(a) the holder of the licence must ensure that fish is not sold under the authority of the licence unless it is packed in the manner specified by the CEO; and
(b) where marron is sold on a retail basis, the holder of the licence who is selling the marron, must provide to the purchaser a receipt specifying —
(i) the names of the holder of the licence and the purchaser; and
(ii) the number and type of fish; and
(iii) the value and date of the sale;
and
(c) where marron is sold on other than a retail basis, the holder of the licence who is selling the marron, must prepare a consignment note in a form approved by the CEO and must —
(i) securely attach the original of the consignment note to the marron or to the receptacle, container or package containing the fish; and
(ii) retain a copy of the consignment note at the place where aquaculture is carried out under the licence;
[(iii) deleted] and
(d) the holder of the licence must notify the CEO in writing within 24 hours of becoming aware, or suspecting, that any fish at the place where aquaculture is carried on under the licence is or may be affected by —
(i) any scheduled fish disease; or
(ii) any disease or condition that the person cannot identify;
and
(e) the holder of the licence must notify the CEO in writing within 14 days of becoming aware, or suspecting, that any fish at the place where aquaculture is carried on under the licence is or may be affected by any disease or condition other than one referred to in paragraph (d) if, within those 14 days, the holder of the licence has not eradicated the disease or condition by taking all reasonable steps to do so; and
(f) the holder of the licence must take all reasonable precautions to prevent the spread of any disease or condition in fish at the place where aquaculture is carried on under the licence; and
(g) where the holder of the licence is aware or suspects that fish at the place where aquaculture is carried on under the licence are affected by any disease or condition, that person must ensure that no water is discharged from the place to a natural waterway without the prior written approval of the CEO; and
(h) the holder of the licence must ensure that fish at the place where aquaculture is carried on under the licence which the holder of the licence is aware, or suspects, is diseased or contaminated is not removed from the place without the prior written permission of the CEO.
The species of fish described by a scientific name listed in Schedule 5 column 1 are prescribed under section 103 of the Act to be noxious fish in the area described in Schedule 5 column 3 for the purposes of the Act.
(1) A fisheries officer may, by notice in writing given to a person, prohibit the person from —
(a) being in a designated fishing zone for a specified period of time, or at all; or
(b) engaging in a specified activity in a designated fishing zone; or
(c) having a specified thing or class of things in a designated fishing zone.
(2) A fisheries officer may by further notice in writing given to a person vary or revoke a notice given under subregulation (1).
(3) A person who contravenes a notice in writing given by a fisheries officer under this regulation commits an offence.
Penalty: $10 000.
In this Part, unless the contrary intention appears —
This Part applies to and in respect to all land and waters within and adjacent to the reserve.
(1) A person who wishes to construct or modify a jetty or mooring must first apply to the CEO in the approved form.
(2) If the CEO gives approval following an application under subregulation (1), that approval may be subject to such conditions as the CEO considers are necessary in the particular case and endorses on the approval.
(3) A person referred to in subregulation (1) must not commence construction or modification of a jetty or mooring unless the written approval of the CEO has been obtained.
(4) A person must comply with a condition endorsed on an approval given under this regulation.
Penalty for an offence under subregulation (3) or (4): Not less than $500 or more than $2 000.
(5) A fisheries officer may, by notice in writing given to a person to whom approval was granted under this regulation, order that work specified in the notice be carried out within the time specified in the notice on a jetty or mooring that the fisheries officer believes is insecure or unsafe.
(6) A person must comply with an order given under subregulation (5) within the time specified in the order.
Penalty: $1 000.
(1) A person, other than —
(a) the owner of; or
(b) a person who is a party to a share arrangement in relation to; or
(c) the person responsible for,
a jetty or mooring, must not use that jetty or mooring without the written permission, in the approved manner, of a person set out in paragraph (a), (b) or (c).
Penalty: Not less than $100 or more than $1 000.
(2) Where written permission has been obtained in accordance with subregulation (1) —
(a) a copy of the written permission must be filed with the Geraldton or Dongara office of the Department before the jetty or mooring is used by the person obtaining that permission; and
(b) a copy of the written permission must be retained on board the appropriate boat and presented to a fisheries officer on demand.
(3) Subject to subregulations (1) and (2), a person must not cause a boat, other than a licensed boat or an approved boat, to tie up to a jetty or mooring overnight.
Penalty: Not less than $100 or more than $1 000.
(4) This regulation does not apply to —
(a) an emergency situation; or
(b) a jetty which is an approved public use jetty.
Division 3 – Buildings and facilities
(1) The CEO may waive or vary any of the requirements in this Division, on a case‑by‑case basis, if the circumstances are considered to be exceptional, or of sufficient public or heritage interest to do so.
(2) Any waiver or variation must be in writing, and must specify to whom or what it applies, and under what circumstances.
(1) The holder of a rock lobster licence who applies to —
(a) transfer that licence; or
(b) redistribute an entitlement on that licence; or
(c) acquire a further rock lobster licence and amalgamate that licence with another rock lobster licence,
must, at the same time, apply in the approved manner to either transfer or remove the associated camp (as the case requires).
(2) If the CEO considers it appropriate, the CEO may approve an application, made under subregulation (1), to transfer or remove an associated camp, and the CEO may make that approval subject to conditions which must be endorsed on the approval.
(3) A person who does not comply with the conditions endorsed on an approval to transfer or remove an associated camp commits an offence.
Penalty: Not less than $100 or more than $1 000.
(4) A rock lobster licence holder may apply, in the approved manner, to relocate from a former camp to another associated camp.
(5) If the CEO considers it appropriate, the CEO may approve an application, made under subregulation (4), to relocate, and the CEO may make that approval subject to conditions which must be endorsed on the approval.
(6) A person must comply with the conditions endorsed on an approval to relocate.
Penalty: Not less than $100 or more than $1 000.
(7) An operator must not operate from more than one camp at any one time during any single rock lobster season, but the crew may live aboard the boat during any period away from the camp.
Penalty: Not less than $100 or more than $1 000.
(1) Where a person —
(a) does not comply with the conditions endorsed on an approval under regulation 77(2); or
(b) purports to transfer a camp without the approval of the CEO,
the camp is an unauthorised structure for the purposes of Division 5.
(2) An amount determined by the CEO from time to time must be paid by the owner of the camp prior to an application for —
(a) a transfer, a redistribution of an entitlement or a further acquisition referred to in regulation 77(1); or
(b) a relocation referred to in regulation 77(4),
being approved and that amount must —
(c) be returned to the owner (at the time of the application) of the camp upon compliance with the conditions of any approval issued by the CEO; or
(d) be used to defray the actual costs, including the administrative costs, involved in removing part or all of a camp that becomes an unauthorised structure under subregulation (1).
(1) The owner of a building which is to be constructed in the reserve must ensure that all work to be undertaken on that building complies with the written laws of the State relating to the control of building works.
(2) Where, in the opinion of a fisheries officer, the owner of a building in the reserve fails to adequately maintain that building to an acceptable standard (other than a standard relating to structural soundness), the officer may order the owner to undertake, or cause to be undertaken, remedial work which —
(a) is sufficient to bring the building up to an acceptable standard; and
(b) must be completed within the time period set out in the order.
(3) Where a fisheries officer suspects that a building in the reserve does not meet the appropriate standard relating to structural soundness, a fisheries officer may order the owner to obtain, and produce to a fisheries officer, a report from a registered builder stating whether or not that building complies with the written laws of the State relating to the minimum structural requirements for that type of building.
(4) If a report obtained under subregulation (3) states that a building does not meet the minimum structural requirements for that type of building, a fisheries officer may order the owner to undertake, or cause to be undertaken, remedial work which —
(a) is sufficient in the opinion of a registered builder to bring the building up to the minimum standards; and
(b) must be completed within the time period set out in the order.
(5) A person who does not comply with an order under subregulation (2), (3) or (4) commits an offence.
Penalty: Not less than $100 or more than $1 000.
(1) The owner of a building in the reserve who wishes to make any minor structural change to the building —
(a) must, if required by a fisheries officer, obtain and produce a written report of a registered builder stating that the changes will be safe and structurally sound; and
(b) must file plans of the change, together with the report obtained under paragraph (a), with the Department; and
(c) must not allow work to commence until the CEO has given approval.
Penalty: Not less than $100 or more than $1 000.
(2) For the purposes of this regulation, a minor structural change is a modification or alteration to the building which does not increase or modify the floor space or height of the building (including the addition of shade‑cloth, pergolas, verandahs and similar weather protection), but does not include —
(a) re‑roofing that involves re‑pitching that roof; or
(b) internal work that involves the installation of split‑level living areas or the like; or
(c) re‑cladding of walls that increases the external dimensions or floorspace of the building.
(1) The owner of an existing building or the person proposing to construct a new building in the reserve must, prior to commencing any major change to an existing building or commencing the construction of a new building, as the case requires —
(a) obtain and provide full structural plans approved by a registered builder; and
(b) endeavour to obtain the written opinions of the operators with associated camps adjacent to the building or proposed building for the consideration of the CEO prior to the CEO giving or withholding approval; and
(c) obtain the written approval of the CEO.
(2) Approval under subregulation (1) is subject to such conditions that the CEO considers are necessary in the particular case.
(3) For the purposes of subregulation (1), the requisite opinions must be obtained after each relevant operator, referred to in subregulation (1)(b), is informed of (as a minimum) the proposed common access areas, pathways, drains, power plants and other like infrastructure.
(4) For the purposes of this regulation a major change is any modification or alteration to a building which increases or modifies the floor space or height of that building.
(5) A new camp or a camp being set up through the transfer of camp facilities under regulation 77 made up of more than —
(a) 3 living dwellings; or
(b) one store shed; or
(c) one ablution block; or
(d) the approved number of generator sheds for that camp; or
(e) the approved number of jetties for that camp,
(not including on‑jetty storage facilities) will not be approved.
(6) A building which is, or is being, constructed without complying with this regulation is an unauthorised structure for the purposes of Division 5, unless the CEO exempts the building, in writing, from compliance with the specific building provisions with which it does not comply.
(7) A person must comply with the approval of the CEO obtained under subregulation (1).
Penalty: Not less than $500 or more than $2 000.
Where the water supply to any premises which is intended for human consumption is drawn, or partly drawn, from a water tank, the occupier of the premises must —
(a) maintain the roof forming the catchment for the tank, together with the spouting and downpipes appurtenant to the roof in a clean and functional state; and
(b) at least once a year, during the months of April and May thoroughly check any water tank, the water from which is used for human consumption for any sludge or detritus buildup, and, where necessary, clean the tank; and
(c) ensure that every water tank on the premises containing water for human consumption is fitted with a tight fitting, light‑proof, water‑proof and secure cover; and
(d) when ordered to do so by a fisheries officer, empty, cleanse and disinfect any water tank on the premises.
Penalty: $500.
(1) A person must, before installing a generator —
(a) obtain the opinion in writing of the majority of operators likely to be affected by the noise emitted by that generator for the consideration of the CEO prior to the CEO giving or withholding approval; and
(b) obtain the written approval of the CEO.
Penalty: $500.
(2) Subject to regulation 86, a person who installs a generator must ensure that the generator is sound‑proofed and silenced to ensure that noise emissions do not exceed those set out in regulation 104.
Penalty: $500.
(1) Where undue noise is being emitted by any machinery, a fisheries officer may, in writing, order the owner of, or person in charge of, the machinery to undertake work to ensure that the machinery noise level is reduced so that noise emissions do not exceed those set out in regulation 104.
(2) A person to whom an order is given under subregulation (1) must comply with that order within the time specified in that order.
Penalty: $500.
In this Division —
(a) has been erected without approval, abandoned, or is unsafe or is not secure, or in respect of which an order under regulation 74(5) has not been complied with within the time specified in the order, or does not conform with this Division, or becomes an unauthorised structure as a result of the operation of regulation 78 or 81(6); and
(b) has not been claimed by the Crown for its use or for specific community purpose use.
(1) The CEO may, by written notice served in accordance with regulation 89 and identifying the unauthorised structure to which it relates, direct a person in occupation or control of an unauthorised structure to remove it, together with its contents.
(2) A copy of the notice referred to in subregulation (1) must be affixed (where practicable) to the unauthorised structure, and must be published —
(a) in the
Gazette ; and(b) in one or more newspapers circulating daily in Geraldton and the Mid‑West area.
(1) A notice under regulation 88(1) may be served on the owner of, the occupier of or the person in control of, an unauthorised structure (or all of them, as the case may be) —
(a) in person; or
(b) by post,
in accordance with sections 75 and 76 of the
(2) Despite subregulation (1), where the owner, occupier or person in control of an unauthorised structure is unknown, or known to be absent from the State, the notice may be served by using the procedure in regulation 88(2), and, when the person to whom it is to be addressed is unknown, the notice may be addressed to “the person in or in control of” the unauthorised structure (identifying it) to which the notice refers, without further name or description.
(3) If more than one person is in apparent occupation or control of an unauthorised structure, it is sufficient to serve the notice on one of them and address it to that one with the addition of the words “and others” or “and another” as the case requires.
(4) Non‑service on the person in apparent control of the unauthorised structure does not affect the validity of service on the person in apparent occupation of the unauthorised structure, and non‑service on the person in apparent occupation of the unauthorised structure does not affect the validity of service on the person in apparent control of the unauthorised structure.
Where a person fails to comply with a notice under regulation 88 within a period of 2 months from the time of service, and the CEO is satisfied —
(a) that the structure is an unauthorised structure; and
(b) that the notice has been properly served; and
(c) that the person has not complied with the notice within the period,
the CEO may, in writing —
(d) authorise a fisheries officer to arrange for the removal of the unauthorised structure and its contents; or
(e) authorise the destruction or sale of the unauthorised structure, or part of that structure, or its contents, or both the structure and its contents; or
(f) authorise the sale of the unauthorised structure or its contents or both on condition that it or they are removed upon sale; or
(g) authorise the recovery of costs, incurred in the removal, destruction or sale of the unauthorised structure, from the owner, occupier or person in control of that structure; or
(h) where the unauthorised structure or its contents are offered for sale under paragraph (e) or (f) and —
(i) have not been sold; or
(ii) do not raise a sufficient amount at sale to defray the cost of removal, destruction or sale of that unauthorised structure or its contents,
authorise the recovery of costs, or of the unsatisfied balance of the costs, from the person, or occupier, in control of the unauthorised structure or the owner, or both.
A person who is directed to remove an unauthorised structure under regulation 88(1) must clear the site of residual materials and rubbish.
Penalty: $2 000.
(1) Where it is agreed between 2 or more parties to share camp facilities, jetties, moorings, power outlets or lighting plants, the parties to that agreement must sign a written agreement in the approved form, together with illustrative diagrams relating to that agreement (if appropriate).
(2) A written agreement under subregulation (1) is not valid unless a copy of the signed, written agreement is filed with the Department.
(3) A written agreement cannot be amended without the written approval of the CEO.
(1) If a dispute arises which relates to the use of a building, structure or facility in the reserve, and which is the subject of a share arrangement, the following procedure may be used to resolve the dispute —
(a) a party to the dispute may write to the Minister advising of the existence of the dispute and may seek invocation of the dispute procedure set out in this Division; and
(b) where the Minister is of the opinion that it is justified, the Minister may invoke this dispute procedure and appoint an independent arbitrator to deal with the dispute.
(2) The CEO may appoint an independent arbitrator to deal with disputes that have been running for longer than 6 months without signs of resolution.
(1) An independent arbitrator must —
(a) write to the parties known to be involved in the dispute seeking, from each of them, a written statement of the grounds of the dispute; and
(b) upon receipt of the grounds requested in paragraph (a), or after a reasonable time if either or both do not reply, inform each party of the known grounds of dispute.
(2) After obtaining advice, if required, from the CEO or other relevant person, and allowing sufficient time to enable each party to put their side of the dispute, and following due consideration, the independent arbitrator must make a determination.
(1) A determination under regulation 94(2) must be referred by the independent arbitrator to the Minister who may decide to accept or reject the determination, and who must inform the parties of the decision.
(2) The decision of the Minister is binding upon the parties.
(1) A person must not dump or dispose of any waste, other than in accordance with this Division.
Penalty: $2 000.
(2) A person who contravenes subregulation (1) is liable for any cost incurred if the waste is removed at the request of the CEO, in addition to the penalty specified for contravention of that subregulation.
(1) A person must dispose of food waste —
(a) by dumping that waste at sea; or
(b) by incinerating the waste in an incinerator.
(2) Where any unburnt residue remains after incineration of waste under subregulation (1), the person incinerating the waste must ensure that the residue is returned to the mainland for disposal, or disposed of at an approved dumping site.
Penalty: $1 000.
(1) A person must not dispose of paper, plastic, cardboard, bait bags, or other combustible materials by dumping them at sea.
Penalty: $1 000.
(2) A person must dispose of paper, plastic, cardboard, bait bags and other combustible items of a like nature —
(a) by returning these items to the mainland for recycling or disposal; or
(b) by incinerating these items in an incinerator.
(3) Where any unburnt residue remains after incineration under subregulation (2), the person incinerating the items must ensure that the residue is disposed of by —
(a) returning it to the mainland for disposal; or
(b) by bagging, or otherwise containing, it in non‑hazardous natural and non‑combustible material and dumping it at an approved refuse dumping site.
Penalty: $1 000.
(1) A person may dispose of non‑hazardous and non‑combustible materials, including cray‑pots, water tanks, household and building materials —
(a) by returning those materials to the mainland for recycling or disposal; or
(b) by dumping those materials at an approved refuse dumping site.
(2) A person who disposes of the material referred to in subregulation (1) by dumping them in an area other than the mainland or an approved refuse disposal site commits an offence.
Penalty: $1 000.
A person must not dispose of any oil, fuel, engine filter or battery other than by returning it to the mainland.
Penalty: $2 000.
(1) The operator must provide an associated camp with fly‑proof and vermin‑proof waste receptacles which may be used for the disposal of putrescible material.
(2) An operator who establishes, or is in control of an associated camp is responsible for keeping that camp, and any associated jetty or foreshore areas, free from waste.
(3) A fisheries officer may, in writing, order the operator of a camp to remove waste from any part of a camp or adjacent foreshore areas.
(4) An operator who does not comply with an order under subregulation (3) commits an offence and in addition to any penalty to which that operator is liable, will be liable for any cost incurred if the waste is removed at the request of the CEO.
Penalty: $500, and a daily penalty of $50.
A person must not dispose of sewage in any manner other than —
(a) where practicable, by use of a saltwater flushing outfall pipe feeding directly into the sea; or
(b) through a septic tank disposal system; or
(c) by use of an approved sewage disposal system at an approved site.
Penalty: $500.
(1) An incinerator for the disposal of waste —
(a) must be constructed in a manner which allows combustion to occur in an efficient manner; and
(b) if constructed wholly or partly of mesh, must be made using a mesh of not more than 50 mm; and
(c) must be sited —
(i) in an area approved in writing by a fisheries officer; and
(ii) so that correct use does not cause smoke to become a nuisance.
(2) An operator who uses an incinerator must ensure —
(a) that the incinerator is cleaned after use to avoid leaving unburnt residues to remain or smoulder; and
(b) that the incinerator is not used before noon, or such other time as is determined by a fisheries officer.
Penalty: $500.
(1) A resident or visitor must ensure that the noise emissions from premises or motors in the reserve (other than boats), under the person’s control, do not exceed the following levels —
(a) 50dB(A), between the hours of 6.00 a.m. and 7.00 p.m., on any day; or
(b) 40dB(A), between the hours of 7.00 p.m. on any day and 6.00 a.m. on the following day,
and must ensure that tonal noise or impulses of noise which are unreasonably loud are not emitted.
(2) If a fisheries officer receives a complaint alleging that a person is responsible for noise in excess of the levels set out in subregulation (1), a fisheries officer may investigate that complaint and, if appropriate, request the person to undertake reasonable measures to lower the level of noise to comply with subregulation (1).
(3) A person must not, without a lawful excuse, refuse to carry out a request under subregulation (2).
Penalty: $500.
(4) For the purposes of this regulation,
dB(A) means the reading in decibels on a sound level meter or other sound level measuring equipment using the A‑weighting network specified for sound level meters in Part I or Part II, whichever is applicable to the measuring equipment in question, of Australian Standard AS 1259 of 1976.
(1) A person must not bring a vehicle into the reserve unless the CEO has given written approval in which it is specified the conditions under which the vehicle may be in the reserve.
Penalty: $1 000.
(2) Conditions under subregulation (1) may include, but are not limited to, restrictions on —
(a) the time of day that the specified vehicle may be used; and
(b) the person or persons that are allowed to use that vehicle; and
(c) the period for which the approval is valid; and
(d) the purposes for which that vehicle can be used.
(3) A person must not use a vehicle in the reserve in contravention of a condition imposed under this regulation.
Penalty: $500.
A person must not —
(a) keep a domestic pet in the reserve; or
(b) allow or cause a boat with a domestic animal on board to secure to or come alongside any jetty in the reserve; or
(c) allow or cause any domestic animal to be landed onto any island in the reserve.
Penalty: $1 000.
A person must not introduce any species of flora or fauna to the reserve, unless that person has first obtained the written approval of the CEO and the Department of Conservation and Land Management
Penalty: $2 000.
(1) When carrying out measures for noxious or introduced plant control in the reserve, a person must use only approved preventive and control methods.
Penalty: $250.
(2) A person must not carry out noxious or introduced plant control in an area that has not been approved by a fisheries officer.
Penalty: $250.
(3) When carrying out measures to control rodents, cockroaches, mosquitos or flies, a person must only use approved preventive and control methods.
Penalty: $250.
(4) A person must not carry out any rodent or pest baiting programme in the reserve unless the person has first obtained the approval of the CEO.
Penalty: $250.
(1) A person, while in the reserve, must not engage in behaviour which falls short of normal community standards and a fisheries officer may direct a person to leave the reserve if, in the opinion of both a fisheries officer and a majority of residents in the area, that standard of behaviour is not maintained by that person.
(2) A person must comply with a direction under subregulation (1) within 24 hours of that direction being given.
Penalty: $500.
(1) A person must not carry out chlorine tarping on a boat unless —
(a) the boat is secured to a mooring or is anchored; and
(b) it is carried out when there are no rock lobsters in holding crates within 50 m of the boat.
Penalty: $1 000.
(2) In this regulation
chlorine tarping means the enclosing of a boat’s hull by a cover, such as a tarpaulin, and the adding of chlorine to the water enclosed between the boat and the cover.
A person must not bring into the reserve or possess in the reserve, any weapon, including any firearm.
Penalty: $500.
A person must not light an open fire in the reserve.
Penalty: $500.
(1) The master of a boat must not use the boat to travel to the Abrolhos Islands Fish Habitat Protection Area unless the master gives notice to the CEO of the period of stay of the boat in the Abrolhos Islands Fish Habitat Protection Area in accordance with this regulation.
Penalty: a fine of $500.
(2) Notice of the period of stay of a boat is given in accordance with this regulation if —
(a) the notice is given in a manner and form approved by the CEO; or
(b) the notice is given under a management plan that applies in respect of the travel; or
(c) the notice is given in connection with an approval to carry out building work or maintenance work in the Abrolhos Islands Fish Habitat Protection Area or the Abrolhos Islands reserve.
The master of a boat in respect of which a post‑landing nomination has been made under the
(a) the master gives notice to the CEO of the boat’s departure from the Abrolhos Islands Fish Habitat Protection Area in a manner and form approved by the CEO; and
(b) the departure day is within a period of 5 days commencing on the making of the post‑landing nomination.
Penalty: a fine of $500.
(1) A person must not fish for a commercial purpose in the Cottesloe Reef waters.
Penalty: $2 000 and the penalty provided in section 222 of the Act.
(2) A person must not engage in recreational fishing in the Cottesloe Reef waters.
Penalty: $2 000 and the penalty provided in section 222 of the Act.
(3) Subregulation (2) does not apply to —
(a) a person who fishes for an abalone; or
(b) a person who fishes for a rock lobster; or
(c) a person who fishes for an osteichthyes using a single rod and line.
(4) A person must not deposit, or cause or permit to be deposited, blood or offal in the Cottesloe Reef waters.
Penalty: $2 000.
(5) A person must not use a jet ski in the Cottesloe Reef waters.
Penalty: $1 000.
(6) A person must not anchor a boat in the Cottesloe Reef waters.
Penalty: $1 000.
(1) A person must not fish in the Lancelin Island Lagoon.
Penalty: $2 000 and the penalty provided in section 222 of the Act.
(2) A person must not use a jet ski in the Lancelin Island Lagoon.
Penalty: $1 000.
(3) A person must not anchor a boat in the Lancelin Island Lagoon.
Penalty: $1 000.
(1) A person must not fish in the Kalbarri Blue Holes waters.
Penalty: $2 000 and the penalty provided in section 222 of the Act.
(2) A person must not use a motor boat in the Kalbarri Blue Holes waters.
Penalty: $1 000.
In this Division —
(1) A person must not fish in the Point Quobba restricted area.
Penalty: $2 000 and the penalty provided in section 222 of the Act.
(2) Subregulation (1) does not apply to —
(a) a person who takes oysters by hand other than for a commercial purpose; or
(b) a person who takes squid using a squid jig without bait.
(3) A person must not use a jet ski in the Point Quobba restricted area.
Penalty: $1 000.
(1) The register is available for public inspection between the hours of 8.30 a.m. and 4.30 p.m. on Monday to Friday, other than public holidays at —
Department of Primary Industries and Regional Development |
14 Capo D’Orlando Drive |
SOUTH FREMANTLE WA 6162 |
(2) On payment of the fee set out —
(a) in item 2 of Part 1 of Schedule 1, a person may obtain a copy of an entry in, or an extract from, the register; and
(b) in item 3 of Part 1 of Schedule 1, a person may have access to the register in electronic form for such period of time as is specified by the Registrar.
The following details are prescribed under section 126(e) of the Act as additional details to be set out on the register —
(a) the date the authorisation or exemption was granted or renewed and the date it expires; and
(b) the authorisation or exemption number specified on each authorisation or exemption; and
(c) any conditions imposed on the authorisation or exemption by the Minister or CEO, either in full, abbreviated or by reference to another text; and
(d) any period during which the authorisation is suspended; and
(e) the nature of any entitlement conferred by the authorisation; and
(f) details of any boat specified in the authorisation.
The following details are prescribed under section 128(2)(c) of the Act as additional details in respect of the notation of a security interest on the register —
(a) the date of the creation of the interest; and
(b) the date of notation of the interest; and
(c) any entitlement affected by the interest, including, if the entitlement is an entitlement under a management plan and is expressed in terms of units, the number of units, if any, affected by the interest; and
(d) any debt or other pecuniary obligation secured by the interest.
(1) A person having the day to day control of any boat used or intended to be used for or in connection with commercial fishing, must ensure that a current fishing boat licence is in force in respect of the boat.
Penalty: $10 000.
(2) The holder of a fishing boat licence must ensure that the name of the boat in respect of which the licence is in force is not changed without the written approval of the CEO.
Penalty: $5 000.
(3) Subregulation (2) applies whether or not there has been a change in the ownership of the boat or in the licensed fishing boat number of the boat.
(4) The holder of a fishing boat licence must ensure that there is legibly painted on both sides of the hull at the turn of the bow of the boat in respect of which that licence is held, the letters “L.F.B.” followed by the licensed fishing boat number of the boat.
Penalty: $1 000.
(5) The letters and figures to be painted under subregulation (4) are to be painted in black on a yellow background and are to be not less than 300 mm in height and not less than 50 mm in width, except where the boat is one propelled solely by oars in which case those letters and figures may be less than 150 mm but not less than 120 mm in height.
(6) A person must not —
(a) use a boat bearing a licensed fishing boat number, or a number that purports to be such a number; or
(b) permit or suffer a person to use a boat bearing a licensed fishing boat number, or a number which purports to be such a number,
unless a current fishing boat licence is in force in respect of that boat and the number painted on the boat is the number allocated in respect of the boat.
Penalty: $5 000.
(7) The master of a fishing boat must not permit or suffer any person aboard the boat in respect of which the licence is held to engage in fishing unless that person —
(a) holds a commercial fishing licence and is fishing for a commercial purpose; or
(b) is a participant in a fishing tour on or from the boat.
Penalty: a fine of $2 000.
(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
(b) is a participant in a fishing tour on or from the boat.
Penalty: a fine of $2 000.
(1) If a person applies to the CEO for the grant of a fishing boat licence authorising a person to use a boat for commercial fishing and the CEO is satisfied that —
(a) the person is a fit and proper person to hold the licence; and
(b) it is in the better interests of the fishing industry to grant the licence; and
(c) a Certificate of Survey has been issued in respect of that boat in accordance with the
W.A. Marine (Surveys and Certificates of Survey) Regulations 1983 ; and(d) the boat does not have the same name as any other licensed fishing boat,
the CEO may grant to the person a fishing boat licence.
(2) Nothing in subregulation (1) prevents the CEO from granting another fishing boat licence to a person who held a fishing boat licence which was cancelled under section 143, 223 or 224 of the Act.
(3) A fishing boat licence is to specify a distinguishing letter and number (licensed fishing boat number) allocated in respect of the boat.
(1) At any time when a managed fishery licence —
(a) has been granted in respect of the West Coast Rock Lobster Managed Fishery declared under the
West Coast Rock Lobster Management Plan 1993 2 ; and(b) authorises the use in that fishery of the same boat in respect of which a fishing boat licence is in force; and
(c) confers a current entitlement, or a usual entitlement, of less than 60 units,
the authority conferred by the fishing boat licence referred to in paragraph (b) is of no effect.
(2) In subregulation (1) —
(a) increased by any entitlement transferred to the licence under section 141 of the Act; or
(b) decreased by any entitlement transferred from the licence under section 141 of the Act;
(1) In this regulation and regulation 120 —
(a) does not exceed 6 m in length; and
(b) is used for carrying fish taken by that boat.
(2) The person having the day to day control of a carrier boat must ensure that a current carrier boat licence is in force in respect of the boat.
Penalty: $10 000.
(3) The holder of a carrier boat licence must ensure that there is legibly painted on both sides of the hull at the turn of the bow of the boat in respect of which the licence is in force, the letters “L.C.B.” followed by the licensed carrier boat number of the boat.
Penalty: $1 000.
(4) The letters and figures to be painted under subregulation (3) are to be painted in black on a yellow background and are to be not less than 300 mm in height and not less than 50 mm in width.
(5) Where a boat is licensed under both this regulation and regulation 117, subregulation (3) need not be complied with.
(6) A person must not —
(a) use a boat bearing a licensed carrier boat number, or a number which purports to be such a number; or
(b) permit or suffer a person to use a boat bearing a licensed carrier boat number, or a number which purports to be such a number,
unless a current carrier boat licence is in force in respect of that boat and the number painted on the boat is the number allocated in respect of the boat.
Penalty: $5 000.
(1) If a person applies to the CEO for the grant of a carrier boat licence authorising that person to use a boat as a carrier boat and the CEO is satisfied that —
(a) the person is a fit and proper person to hold the licence; and
(b) it is in the better interests of the fishing industry to grant the licence,
the CEO may grant to the person a carrier boat licence.
(2) Nothing in subregulation (1) prevents the CEO from granting another carrier boat licence to a person who held a carrier boat licence which was cancelled under section 143, 223 or 224 of the Act.
(3) A carrier boat licence is to specify a distinguishing number (licensed carrier boat number) allocated in respect of the boat.
(1) A person, other than a person referred to in section 91(d) of the Act, who engages in commercial fishing must hold a commercial fishing licence.
(2) A person, other than a person referred to in section 91(d) of the Act, who takes fish or assists in taking fish must not directly or indirectly sell that fish unless it is taken under a commercial fishing licence by the holder of that licence.
Penalty: $5 000 and the penalty provided in section 222 of the Act.
(1) If a person applies to the CEO for the grant of a commercial fishing licence authorising that person to engage in commercial fishing and the CEO is satisfied that it is in the better interests of the fishing industry to grant the licence the CEO may do so.
(2) The CEO must issue a receipt to a person who has applied for the grant or renewal of a commercial fishing licence.
(3) A receipt issued under subregulation (2) is to —
(a) be in a form approved by the CEO; and
(b) specify the following —
(i) the name of the person who applied for the grant or renewal of the licence;
(ii) the date on which the receipt was issued.
(1) In this regulation —
(2) A commercial fishing licence receipt issued to an applicant has effect as if it was a commercial fishing licence granted to the applicant until —
(a) the CEO gives notice to the applicant of the outcome of the application; or
(b) the expiration of 60 days after the date on which the receipt was issued,
whichever occurs first.
(3) Despite subregulation (2), a commercial fishing licence receipt does not have effect as if it was a commercial fishing licence if the applicant to whom it was issued —
(a) was the holder of a commercial fishing licence which was cancelled, or not renewed, by the CEO; or
(b) has been convicted of an offence against the Act; or
(c) is not in possession of the receipt when engaging in commercial fishing.
(1) Subject to subregulations (2) and (3), a person who carries out any activity set out in the Table to regulation 124 must hold a recreational fishing licence specifying that the person may engage in the activity unless —
(a) the activity is carried out for a commercial purpose; or
(b) the person is an Aboriginal person not required to hold a recreational fishing licence under section 6 of the Act.
Penalty: $2 000.
(2) A person who has not attained the age of 16 years may fish for all freshwater fish (other than crustaceans) in waters south of 29° south latitude above the tidal influence including all lakes, dams, rivers and their tributaries without holding a recreational fishing licence.
(3) A person may fish for rock lobster without holding a recreational fishing licence if the person is —
(a) participating in a fishing tour on a charter boat; or
(b) a master, or a member of the crew, of a charter boat on which a fishing tour is being conducted.
(1) If a person applies to the CEO for the grant of a recreational fishing licence authorising that person to engage in an activity by way of recreational fishing the CEO may grant to the person a recreational fishing licence to engage in the activity.
(2) A recreational fishing licence is to —
(a) specify that the person who holds the licence may engage in one or more of the activities set out in the Table to this regulation; and
(b) specify any letters and numbers (gear identification number) allocated in respect of the licence, where the licence specifies that the licence holder may fish for rock lobster or fish by means of a fishing net.
1. | Fishing for rock lobster |
2. | Fishing for marron |
3. | Fishing for abalone |
4. | Fishing for all freshwater fish (other than crustaceans) in waters south of 29° south latitude above the tidal influence including all lakes, dams, rivers and their tributaries |
5. | Fishing by means of a fishing net |
(3) The CEO must issue a receipt to a person who has applied for the grant or renewal of a recreational fishing licence.
(4) A receipt issued under subregulation (3) is to —
(a) be in a form approved by the CEO; and
(b) specify the following —
(i) the date on which the receipt was issued;
(ii) the activity referred to in subregulation (2)(a) in respect of which the application is made;
(iii) any letters and numbers that may be allocated in respect of a licence to which the application relates under subregulation (2)(b).
(1) In this regulation —
(2) A recreational fishing licence receipt issued to an applicant has effect as if it was a recreational fishing licence granted to the applicant until —
(a) the CEO gives notice to the applicant of the outcome of the application; or
(b) the expiration of one month after the date on which the receipt was issued,
whichever occurs first.
(3) Despite subregulation (2), a recreational fishing licence receipt does not have effect as if it was a recreational fishing licence if the applicant to whom it was issued —
(a) was the holder of a recreational fishing licence or a recreational (boat) fishing licence which was cancelled, or not renewed by the CEO; or
(b) has been convicted of an offence against the Act; or
(c) is not in possession of the receipt when engaging in an activity specified in the receipt.
(1) In this regulation —
(2) A person who fishes by use of a boat must hold a recreational (boat) fishing licence unless —
(a) the person is not required to hold a recreational (boat) fishing licence under subregulation (3); or
(b) the person is not required to hold a recreational (boat) fishing licence under subregulation (5); or
(c) the person is fishing for a commercial purpose; or
(d) the person is an Aboriginal person not required to hold a recreational fishing licence under section 6 of the Act; or
(e) the person is participating in a fishing tour on board a boat that is specified on a fishing tour operator’s licence, or a restricted fishing tour operator’s licence, granted under regulation 128J.
Penalty: a fine of $2 000.
(3) A person (an
unlicensed person ) is not required to hold a recreational (boat) fishing licence to fish by use of a boat if —(a) at least one person who holds a recreational (boat) fishing licence is on the boat with the unlicensed person; and
(b) on the day on which the unlicensed person fishes by use of the boat, the quantity of fish taken or brought onto land by use of the boat does not exceed any combined bag limit calculated under subregulation (5A).
(4) The master of a boat must ensure that the quantity of fish taken or brought onto land by use of the boat on a day does not exceed any combined bag limit calculated under subregulation (5A).
Penalty: a fine of $2 000.
(5A) For the purposes of subregulations (3)(b) and (4), if —
(a) fish are taken or brought onto land using a boat; and
(b) a bag limit is prescribed in respect of those fish for a region or area,
the combined bag limit for the boat in relation to those fish and that region or area is calculated by multiplying the bag limit by the number of persons who on the day are on the boat and hold a recreational (boat) fishing licence.
(5B) It is a defence in proceedings for an offence under subregulation (4) for the person charged to prove that —
(a) the person took all reasonable steps to determine which of the other persons on the boat on that day held a recreational (boat) fishing licence; and
(b) the person held a reasonable, but mistaken, belief that a person on the boat on the day held a recreational (boat) fishing licence; and
(c) if the person’s belief had not been mistaken, the quantity of fish taken or brought onto land by use of the boat on that day would not have exceeded the relevant combined bag limit.
(5) A person is not required to hold a recreational (boat) fishing licence to fish by use of a boat if the person in doing so engages only in an activity set out in the Table to regulation 124 for which the person holds a recreational fishing licence specifying that the person may engage in that activity.
(6) This regulation does not limit the operation of regulation 123.
(1) If a person applies to the CEO, the CEO may grant to the person a recreational (boat) fishing licence.
(2) The CEO must issue a receipt to a person who has applied for the grant or renewal of a recreational (boat) fishing licence.
(3) A receipt issued under subregulation (2) is to —
(a) be in a form approved by the CEO; and
(b) specify the date on which the receipt was issued.
(1) In this regulation —
(2) A recreational (boat) fishing licence receipt issued to an applicant has effect as if it was a recreational (boat) fishing licence granted to the applicant until —
(a) the CEO gives notice to the applicant of the outcome of the application; or
(b) the expiration of one month after the date on which the receipt was issued,
whichever occurs first.
(3) Despite subregulation (2), a recreational (boat) fishing licence receipt does not have effect as a recreational (boat) fishing licence if the applicant to whom it was issued —
(a) was the holder of a recreational fishing licence or a recreational (boat) fishing licence which was cancelled or not renewed by the CEO; or
(b) has been convicted of an offence against the Act; or
(c) is not in possession of the receipt when engaging in an activity specified in the receipt.
In this Division —
A person who uses a boat to conduct a fishing tour for a commercial purpose in a zone set out in Schedule 15 —
(a) must be the master of the boat; and
(b) must be authorised under a fishing tour operator’s licence or a restricted fishing tour operator’s licence for that zone to conduct the fishing tour.
Penalty: a fine of $10 000.
(1) If a person applies to the CEO for the grant of a fishing tour operator’s licence to conduct a fishing tour for a commercial purpose in a zone set out in Schedule 15 and the CEO is satisfied that —
(a) the person is a fit and proper person to hold the licence; and
(b) it is in the interests of the management of commercial and recreational fishing to grant the licence,
the CEO may grant to the person a fishing tour operator’s licence for that zone.
(1a) If a person applies to the CEO for the grant of a restricted fishing tour operator’s licence to conduct a fishing tour for a commercial purpose in a zone set out in Schedule 15 and the CEO is satisfied that —
(a) the person is a fit and proper person to hold the licence; and
(b) it is in the interests of the management of commercial and recreational fishing to grant the licence,
the CEO may grant to the person a restricted fishing tour operator’s licence for that zone.
(2) A fishing tour operator’s licence or a restricted fishing tour operator’s licence is to —
(a) specify the name and business address of the holder of the licence; and
(ba) specify the name of each person authorised to conduct a fishing tour under the licence; and
(b) specify the licence number; and
(c) specify the period for which the licence has been granted; and
(d) specify the zone or a part of a zone in which a fishing tour may be conducted under the licence; and
[(e) deleted] (f) specify any conditions that the CEO has imposed in relation to the grant of the licence; and
(g) specify the following in relation to each boat that may be used in connection with a tour conducted under the licence —
(i) the name of the boat;
(ii) the length of the boat;
(iii) the licence number of the boat (if any);
and
(h) specify the number of passengers nominated by the holder of the licence as the maximum number of passengers participating in a tour conducted under the licence.
(3) A person must not be specified under subregulation (2)(ba) on a fishing tour operator’s licence, or restricted fishing tour operator’s licence, unless the CEO is satisfied that the person is a fit and proper person to conduct a fishing tour under the licence.
(4) A person must not continue to be specified under subregulation (2)(ba) on a fishing tour operator’s licence or a restricted fishing tour operator’s licence if the CEO ceases to be satisfied that the person is a fit and proper person to conduct a fishing tour under the licence.
The master of a licensed fishing boat that is also authorised to be used on a fishing tour must, before taking the boat from the port to conduct a fishing tour for a commercial purpose, give notice of the tour in a manner and form approved by the CEO to the office of the Department nearest to that port.
Penalty: a fine of $2 000.
(1) The master of a boat used for or in connection with a fishing tour must cause to be kept on board the boat, vehicle or aircraft —
(a) the fishing tour operator’s licence or the restricted fishing tour operator’s licence under which the conduct of the tour is authorised; and
(b) any other authorisation relating to the boat or its crew required to be held under the Act,
or legible copies of those documents.
Penalty: $2 000.
(2) Where the CEO considers that it would be impractical to require a person to comply with subregulation (1), the CEO may in writing exempt that person from that subregulation in relation to a boat or a class of boat.
(3) The master of a boat used in connection with a fishing tour must cause the exemption or a legible copy of it to be kept on board the boat.
Penalty: $500.
(1A) In this regulation —
(a) the time the licence was granted;
(b) the time the licence was last renewed.
(1) A fishing tour operator’s licence or a restricted fishing tour operator’s licence is subject to the following conditions —
(a) that no more than one tour may be conducted under the licence at any one time;
(aa) that each boat used in connection with a fishing tour conducted under the licence must be a boat that is specified on the licence under regulation 128J(2)(g);
(b) that no more than one boat with a length of 7.5 m or longer will be used in connection with a fishing tour conducted under the licence at any one time;
(c) that during a fishing tour conducted under the licence, each boat used in connection with the tour must be within 5 nautical miles of each other boat used in connection with the tour.
(2) The holder of a fishing tour operator’s licence or a restricted fishing tour operator’s licence must ensure that a boat used in connection with a fishing tour conducted under the licence is identified by affixing the current identification sticker for the boat to the wheel house or another prominent position on the boat.
Penalty for an offence under this subregulation: a fine of $2 000.
A person who holds a fishing tour operator’s licence or a restricted fishing tour operator’s licence or a person who is conducting a fishing tour must not permit or suffer any person participating in a fishing tour to engage in fishing in a manner contrary to the provisions of the Act applicable to recreational fishing.
Penalty: $2 000.
(1) A participant in a fishing tour 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 conducting a fishing tour must not —
(a) provide or use, or allow participants in the tour 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 tour to engage, in the tagging or marking of sharks; or
(c) provide or use, or allow participants in the tour to use, blood, berley or any vibrating, visual, sonic, electronic, electromagnetic or other equipment for the purpose of attracting sharks.
Penalty: $10 000.
A person who holds a fishing tour operator’s licence or a restricted fishing tour operator’s licence or a person acting on a licence holder’s behalf must not sell any fish taken on a tour conducted under the licence.
Penalty: $10 000.
A person who uses a licensed fishing boat that is specified in a fishing tour operator’s licence or a restricted fishing tour operator’s licence for or in connection with commercial fishing and a fishing tour in the course of a single trip commits an offence.
Penalty: $5 000.
A person conducting a fishing tour under a restricted fishing tour operator’s licence must not permit a rod to be kept on board a boat during any period that the boat is being used for the tour.
Penalty: $5 000.
(1) In this regulation —
(2) The master of a boat used for a restricted fishing tour must not allow a participant on the tour to bring onto land any fish from the boat.
Penalty for this subregulation: a fine of $5 000.
(3) The master of a boat being used for a restricted fishing tour must not —
(a) commence the tour with any fish on the boat; or
(b) allow any fish to remain on the boat at the end of the tour.
Penalty for this subregulation: a fine of $10 000.
(4) The master of a boat being used for a restricted fishing tour must not allow participants on the tour to take more than a reasonable quantity of fish for a meal for those on the boat at the time the fish is taken.
Penalty for this subregulation: a fine of $5 000.
(5) It is a defence in proceedings for an offence against subregulation (3) for the person charged to prove that the fish was purchased from a person other than a participant on the tour for the purpose of providing meals for participants on a tour on the boat.
(1) The master of a boat used for a fishing tour conducted under a fishing tour operator’s licence in the West Coast Region must not —
(a) bring onto land a demersal finfish, whether it is a whole fish or is filleted, from the boat; or
(b) allow a participant on the tour to bring onto land a demersal finfish, whether it is a whole fish or is filleted, from the boat.
Penalty for this subregulation: a fine of $5 000.
(2) It is a defence in proceedings for an offence against subregulation (1) for the person charged to prove that —
(a) at the time the demersal finfish was taken there were 1 or more current quota tags on the boat; and
(b) for a fish that is a relevant demersal finfish —
(i) that is a whole fish — the fish is landed with a current quota tag attached to the fish in the prescribed way; or
(ii) that is filleted — the fish is landed with a current quota tag stored with the fillets and the locking mechanism of the quota tag is engaged.
(3) In subregulation (2) —
(a) the quota tag is inserted through the mouth and gill slit of the fish; and
(b) the locking mechanism of the quota tag is engaged;
(a) Cod, Breaksea;
(b) Dhufish, West Australian;
(c) Groper, Baldchin;
(d) Snapper (Pink Snapper).
(1) In this regulation —
(a) in a form approved by the CEO; and
(b) that specifies —
(i) the quota period for which the tag is current; and
(ii) a distinguishing letter and number (tag serial number) allocated in respect of the tag.
(2) For the purposes of regulation 128T, the CEO must —
(a) determine a method, that the CEO is satisfied meets the purposes referred to in subregulation (4), for determining the number of quota tags to be allocated under subregulation (3)(a) to licensees for a quota period; and
(b) publish the method on the Department’s website.
(3) The CEO must also, for the purposes of regulation 128T, for a quota period —
(a) allocate, in accordance with the method most recently published, quota tags to licensees; and
(b) issue the quota tags accordingly.
(4) The purposes of a method determined by the CEO under subregulation (2)(a) are to —
(a) maintain the sustainability of demersal finfish in the West Coast Region; and
(b) provide a fair and reasonable way of allocating quota tags to licensees.
(5) A method determined under subregulation (2)(a) may provide for no quota tags to be allocated to a licensee for a quota period.
(6) The CEO —
(a) may amend or replace a method determined under subregulation (2)(a); and
(b) must publish the amended method or replacement method on the Department’s website.
In this Division —
(1) If —
(a) a former authorisation holder applies on or before 15 August 2011 to the CEO for the grant of an authorisation; and
(b) the application is accompanied by —
(i) an application fee of $329.00; and
(ii) the relevant replacement authorisation fee set out in subregulation (3),
the CEO may grant to the former authorisation holder an authorisation to replace the former authorisation holder’s cancelled authorisation.
(2) When an authorisation is granted to replace a cancelled authorisation, the replacement authorisation —
(a) confers the same authority and entitlement that were conferred by the cancelled authorisation immediately before it was cancelled; and
(b) is subject to the same conditions to which the cancelled authorisation was subject immediately before it was cancelled.
(3) The replacement authorisation fee —
(a) for the grant of an authorisation to replace authorisation No. 1450 — is $82 180;
(b) for the grant of an authorisation to replace authorisation No. 1493 — is $100 878.
(1) The holder of an authorisation that has been lost, damaged or destroyed may apply to the CEO for a replacement for the authorisation.
(2) An application —
(a) must be made as if it were an application to which section 135 of the Act applies; and
(b) must be accompanied by the fee set out in item 4 of Part 1 of Schedule 1.
(1) A licence granted under this Part is subject to any conditions imposed in writing by the CEO.
(2) A licence may be granted or renewed under this Part or transferred subject to such conditions as the CEO thinks fit and specifies in the licence.
(3) The CEO may at any time, by notice in writing given to the licence holder, delete or vary any condition on a licence imposed under this regulation or add a new condition to the licence.
(4) A person must not contravene a condition of a licence granted under this Part.
Penalty: $5 000 and the penalty provided in section 222 of the Act.
(1) The CEO may, under section 140(2)(b) of the Act, refuse to transfer an authorisation or part of an entitlement under an authorisation on the grounds that —
(a) the proposed transferor or transferee has not provided information, or further information, required by the CEO for a proper consideration of the application, or has refused to verify such information by statutory declaration; or
(b) where the authorisation is held in respect of a boat, the boat is unseaworthy, lost or destroyed; or
(ba) where the holder has 2 or more authorisations and all of those authorisations are not simultaneously being transferred to the same transferee, in the opinion of the CEO, it is not in the best interests of the fishery to transfer the authorisation; or
(c) the holder has not used the authorisation in the previous 2 years; or
(d) the holder has been convicted of an offence against —
(i) the Act or these regulations; or
(ii) a written law other than this Act if the offence relates to the fishing industry; or
(iii) a law of the Commonwealth, or of another State or Territory, relating to the management or regulation of fish resources;
or
(e) in the opinion of the CEO, a condition of the authorisation has been contravened; or
(f) the authorisation was obtained by fraud or misrepresentation; or
(g) the holder has —
(i) failed to keep any record, or submit any return, that is required to be kept or submitted under this Act; or
(ii) made an entry or statement in such a record or return that is false or misleading in a material particular;
or
(h) a fee, charge or levy payable in respect of the authorisation has not been paid when it became due; or
(i) the transfer would contravene a condition of the authorisation or be contrary to a provision of a management plan; or
(j) a conviction has been recorded in respect of the authorisation under section 224(1) of the Act.
(2) For the purposes of subregulation (1)(j), a conviction is taken to have been recorded in respect of an authorisation if —
(a) a conviction has been recorded in respect of another authorisation under section 224(1) of the Act; and
(b) the other authorisation ceases to have effect because the management plan in respect of which it was granted is revoked or expired; and
(c) the holding of the other authorisation was a fact that the CEO took into account when granting the authorisation.
(1) Despite regulations 117 and 119, where a fishing boat or a carrier boat licence has been granted in respect of a boat and —
(a) the boat is unseaworthy, lost or destroyed; or
(b) the Certificate of Survey, as required under regulation 118(1)(c), for the boat has expired or is cancelled,
the CEO may, on application by the holder of the licence, authorise by notice in writing, the holder to use a boat other than the boat in respect of which the licence was granted.
(2) An application for an authority under subregulation (1) —
(a) is to be made to the CEO in a form approved for that purpose by the CEO; and
(b) is to be accompanied by the fee set out in item 6 of Part 2 of Schedule 1.
(3) An authority under this regulation —
(a) must specify the boat to which the authority relates and the period for which the boat may be used under the licence, being a period not exceeding 28 days; and
(b) is subject to any conditions specified in the authority by the CEO.
(4) The CEO may vary or cancel a condition imposed on an authority under this regulation by notice in writing given to the holder of the authority.
(5) The CEO may vary or cancel an authority under this regulation by notice in writing given to the holder of the authority.
(6) A person to whom an authority has been granted under this regulation must not contravene that authority while it is in force.
Penalty: $5 000.
Except as otherwise provided in the Act or in the licence, a licence granted under this Part remains in force for a period of 12 months from the day on which it is granted or renewed.
If a person applies to the CEO for the renewal of a licence granted under this Part, the CEO is, subject to section 143 of the Act, to renew the licence.
A fee set out in Part 2 of Schedule 1 opposite a particular type of application is the fee to be paid to make that application.
(1) In this regulation —
(2) Where a recreational fishing licence is applied for by —
(a) a person under the age of 16 years; or
(b) a person receiving —
(i) under the
Social Security Act 1991 of the Commonwealth, an age, disability support or widows pension or allowance;(ii) a pension under the
Coal Industry Superannuation Act 1989 ;(iii) under the
Veterans Entitlements Act 1986 of the Commonwealth, a pension as a widow of a member of the forces, a service pension or the special rate of pension as a person who is totally and permanently incapacitated;
or
(c) a person who is the spouse, widow or widower of a person referred to in paragraph (b); or
(ca) a person who —
(i) is the de facto partner of a person referred to in paragraph (b); or
(ii) if the person referred to in paragraph (b) has died, was the de facto partner of that person immediately before the death of that person;
or
(d) a person who is the holder of a Seniors’ Card issued by the Office of Seniors Interests,
only one half of the fee otherwise applicable is payable.
(1) A fee set out in Part 3 of Schedule 1 opposite a particular type of authorisation is the fee to be paid in respect of the grant or renewal of the authorisation.
(1a) Any term used in a subitem of Schedule 1 Part 3 item 3 has the same meaning as it is given in the management plan for that managed fishery.
(2) If the relevant management plan provides for the payment by instalments of a fee set out in item 3 of Part 3 of Schedule 1, the fee may be paid in 2 or 3 instalments in accordance with the relevant management plan.
(3) If a fee referred to in subregulation (2) is to be paid by instalments, a surcharge of —
(a) 10% of that fee; or
(b) any lesser percentage of that fee, if such a percentage is specified in the relevant management plan,
is payable with the first instalment.
(4) If an instalment of a fee, including the surcharge if payable with that instalment, is not paid on or before the day specified in the relevant management plan (the
due date ) —(a) the full amount outstanding of the fee becomes immediately payable; and
(b) the authority conferred by the authorisation to which the fee applies is of no effect during the period from the due date until the day on which the full amount outstanding of the fee is paid.
(5) In subregulation (4) —
(6) If —
(a) an application is made under regulation 124; and
(b) the application relates to 2 or more of the activities set out in the Table to that regulation,
the fees set out in Schedule 1 Part 3 item 8 to be paid in respect of the grant of the recreational fishing licence are each to be reduced by 10%.
(7) Subregulation (8) applies if —
(a) an application is made by a person under regulation 124 relating to one or more of the activities set out in the Table to that regulation; and
(b) at the same time an application is made by the person under regulation 124C.
(8) If this subregulation applies —
(a) the fee or fees set out in Schedule 1 Part 3 item 8 to be paid in respect of the grant of the recreational fishing licence; and
(b) the fee set out in Schedule 1 Part 3 item 9 to be paid in respect of the grant of the recreational (boat) fishing licence,
are each to be reduced by 10%.
Part of an entitlement under an authorisation may not be transferred under section 141 of the Act for a period ending on a day after the authorisation would expire, if it were not renewed.
If a person who holds an exemption, authorisation, aquaculture lease or exclusive licence changes name or address, the person must within 7 days after the change notify the CEO in writing of the person’s new name or address and provide details of each exemption, authorisation, aquaculture lease or exclusive licence held by the person.
Penalty: $200.
(1) For the purposes of paragraph (a) of the definition of
priority fish in section 153 of the Act each of the species of fish set out in the Table is declared to be a priority species.
29 Sep 1995 p. 4503‑646 | 1 Oct 1995 (see r. 2 and | |
22 Dec 1995 p. 6169 | 22 Dec 1995 | |
30 Aug 1996 p. 4318‑21 | 30 Aug 1996 | |
24 Dec 1996 p. 7114 | 24 Dec 1996 | |
24 Dec 1996 p. 7115 | 24 Dec 1996 | |
27 Mar 1997 p. 1693‑4 | 1 Apr 1997 (see r. 2) | |
4 Jul 1997 p. 3474‑8 | 4 Jul 1997 (see r. 2) | |
12 Sep 1997 p. 5152‑4 | 12 Sep 1997 | |
30 Sep 1997 p. 5415‑16 | 30 Sep 1997 | |
30 Sep 1997 p. 5417‑18 | 30 Sep 1997 | |
5 Dec 1997 p. 7121‑3 | 5 Dec 1997 | |
5 Dec 1997 p. 7123 | 5 Dec 1997 | |
2 Jan 1998 p. 25‑8 (correction 9 Jan 1998 p. 205) | 2 Jan 1998 | |
19 Jun 1998 p. 3263‑4 | 19 Jun 1998 | |
7 Jul 1998 p. 3613‑14 | 7 Jul 1998 | |
25 Sep 1998 p. 5298‑300 | 25 Sep 1998 | |
15 Jan 1999 p. 112‑13 | 15 Jan 1999 | |
26 Mar 1999 p. 1279‑80 | 26 Mar 1999 | |
23 Apr 1999 p. 1716 | 23 Apr 1999 | |
4 Jun 1999 p. 2269‑70 | 4 Jun 1999 | |
4 Jun 1999 p. 2270‑1 | 4 Jun 1999 | |
13 Aug 1999 p. 3825‑7 | 13 Aug 1999 | |
28 Sep 1999 p. 4699 | 28 Sep 1999 | |
21 Dec 1999 p. 6406‑10 | 21 Dec 1999 | |
21 Dec 1999 p. 6411 | 21 Dec 1999 | |
7 Apr 2000 p. 1813‑14 | 7 Apr 2000 | |
25 Aug 2000 p. 4905 | 25 Aug 2000 | |
8 Sep 2000 p. 5185‑8 | 8 Sep 2000 | |
26 Sep 2000 p. 5516‑17 | 26 Sep 2000 | |
6 Oct 2000 p. 5589‑90 | 6 Oct 2000 | |
24 Oct 2000 p. 5965 | 24 Oct 2000 | |
3 Nov 2000 p. 6103 | 3 Nov 2000 | |
29 Dec 2000 p. 7905‑7 | 29 Dec 2000 | |
29 Dec 2000 p. 7965‑79 | 29 Dec 2000 | |
27 Mar 2001 p. 1725 | 31 Mar 2001 (see r. 2) | |
29 Jun 2001 p. 3161‑81 | 29 Jun 2001 | |
13 Jul 2001 p. 3465‑6 | 13 Jul 2001 | |
25 Sep 2001 p. 5283 | 25 Sep 2001 | |
12 Oct 2001 p. 5581 | 12 Oct 2001 | |
31 Oct 2001 p. 5789 | 31 Oct 2001 | |
14 Nov 2001 p. 5977‑9 | 14 Nov 2001 | |
20 Nov 2001 p. 6010‑11 | 20 Nov 2001 | |
18 Dec 2001 p. 6489‑92 | 1 Jan 2002 (see r. 2) | |
22 Jan 2002 p. 359 | 22 Jan 2002 | |
26 Feb 2002 p. 785‑7 | 1 Mar 2002 (see r. 2) | |
3 May 2002 p. 2219 | 3 May 2002 | |
28 Jun 2002 p. 3065‑7 | 1 Jul 2002 (see r. 2) | |
10 Sep 2002 p. 4593‑4 | 1 Oct 2002 (see r. 2) | |
29 Nov 2002 p. 5652‑3 | 29 Nov 2002 | |
29 Nov 2002 p. 5653 | 29 Nov 2002 | |
29 Nov 2002 p. 5654‑7 | 29 Nov 2002 | |
29 Nov 2002 p. 5657‑8 | 1 Jan 2003 (see r. 2) | |
13 Dec 2002 p. 5795‑8 | 1 Jan 2003 (see r. 2) | |
11 Feb 2003 p. 411‑12 | 11 Feb 2003 | |
21 Feb 2003 p. 633‑4 | 21 Feb 2003 | |
28 Feb 2003 p. 660‑3 | 1 Mar 2003 (see r. 2) | |
7 Mar 2003 p. 743‑8 | 7 Mar 2003 | |
3 Jun 2003 p. 1979‑82 | 1 Jul 2003 (see r. 2) | |
27 Jun 2003 p. 2389‑95 | 1 Jul 2003 (see r. 2) | |
30 Jun 2003 p. 2581‑638 | 1 Jul 2003 (see r. 2 and | |
19 Aug 2003 p. 3714‑15 | 8 Nov 2003 (see r. 2 and | |
19 Sep 2003 p. 4118 | 1 Oct 2003 (see r. 2) | |
19 Sep 2003 p. 4119‑25 | 19 Sep 2003 | |
1 Oct 2003 p. 4279‑347 | 1 Oct 2003 (see r. 2) | |
31 Oct 2003 p. 4561‑2 | 8 Nov 2003 (see r. 2) | |
31 Oct 2003 p. 4562‑3 | 8 Nov 2003 (see r. 2) | |
28 Nov 2003 p. 4774‑6 | 28 Nov 2003 | |
23 Dec 2003 p. 5204‑6 | 23 Dec 2003 | |
9 Jan 2004 p. 141‑2 | 9 Jan 2004 | |
17 Feb 2004 p. 599‑600 | 1 Mar 2004 (see r. 2) | |
6 Apr 2004 p. 1132‑4 | 6 Apr 2004 | |
28 May 2004 p. 1895‑902 (as amended 29 Jun 2004 p. 2524) | 1 Jul 2004 (see r. 2) | |
29 Jun 2004 p. 2522‑3 | 29 Jun 2004 | |
30 Sep 2004 p. 4187‑8 | 30 Sep 2004 | |
30 Nov 2004 p. 5486‑7 | 30 Nov 2004 | |
30 Dec 2004 p. 6965 | 1 Jan 2005 (see r. 2 and | |
1 Mar 2005 p. 877‑8 | 1 Mar 2005 | |
3 Jun 2005 p. 2490‑1 | 3 Jun 2005 | |
22 Jul 2005 p. 3372‑5 | 1 Sep 2005 (see r. 2) | |
15 Sep 2005 p. 4309‑10 | 15 Sep 2005 (see r. 2) | |
16 Sep 2005 p. 4313‑17 | 4 Oct 2005 (see r. 2) | |
4 Nov 2005 p. 5299‑317 | 4 Nov 2005 | |
11 Nov 2005 p. 5565‑6 | 11 Nov 2005 | |
22 Dec 2005 p. 6215‑39 | 1 Jan 2006 (see r. 2) | |
7 Feb 2006 p. 619‑21 | 1 Mar 2006 (see r. 2) | |
7 Mar 2006 p. 975 | 7 Mar 2006 | |
31 Mar 2006 p. 1299‑357 | 1 Apr 2006 (see r. 2) | |
23 May 2006 p. 1857‑61 | 1 Jul 2006 (see r. 2) | |
5 Sep 2006 p. 3615‑17 | 5 Sep 2006 | |
10 Nov 2006 p. 4703 | 10 Nov 2006 | |
10 Nov 2006 p. 4704‑12 | 10 Nov 2006 | |
29 Dec 2006 p. 5888‑92 | 29 Dec 2006 | |
16 Feb 2007 p. 489‑90 | 1 Mar 2007 (see r. 2) | |
12 Jun 2007 p. 2717‑19 | 1 Jul 2007 (see r. 2) | |
6 Jul 2007 p. 3387‑90 | 6 Jul 2007 | |
14 Aug 2007 p. 4099‑102 | r. 1 and 2: 14 Aug 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 15 Aug 2007 (see r. 2(b)) | |
4 Sep 2007 p. 4519‑21 | r. 1 and 2: 4 Sep 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Sep 2007 (see r. 2(b)) | |
13 Nov 2007 p. 5691‑4 | r. 1 and 2: 13 Nov 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jan 2008 (see r. 2(b)) | |
21 Dec 2007 p. 6325‑6 | r. 1 and 2: 21 Dec 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 22 Dec 2007 (see r. 2(b)) | |
5 Feb 2008 p. 301‑2 | r. 1 and 2: 5 Feb 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Mar 2008 (see r. 2(b)) | |
27 May 2008 p. 2040‑2 | r. 1 and 2: 27 May 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 28 May 2008 (see r. 2(b)) | |
29 May 2008 p. 2055‑9 | r. 1 and 2: 29 May 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 30 May 2008 (see r. 2(b)) | |
21 Nov 2008 p. 4926‑7 | r. 1 and 2: 21 Nov 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Dec 2008 (see r. 2(b)) | |
19 Dec 2008 p. 5361‑3 | r. 1 and 2: 19 Dec 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jan 2009 (see r. 2(b)) | |
3 Feb 2009 p. 227 | r. 1 and 2: 3 Feb 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 4 Feb 2009 (see r. 2(b)) | |
11 Feb 2009 p. 287‑9 | r. 1 and 2: 11 Feb 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 12 Feb 2009 (see r. 2(b)) | |
13 Feb 2009 p. 297‑300 | r. 1 and 2: 13 Feb 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 14 Feb 2009 (see r. 2(b)) | |
13 Mar 2009 p. 760‑1 | r. 1 and 2: 13 Mar 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 14 Mar 2009 (see r. 2(b)) | |
27 Mar 2009 p. 922 | r. 1 and 2: 27 Mar 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 28 Mar 2009 (see r. 2(b)) | |
9 Jun 2009 p. 1911‑20 | r. 1 and 2: 9 Jun 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2009 (see r. 2(b)) | |
3 Jul 2009 p. 2679‑80 | r. 1 and 2: 3 Jul 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 4 Jul 2009 (see r. 2(b)) | |
18 Aug 2009 p. 3237‑8 | r. 1 and 2: 18 Aug 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Aug 2009 (see r. 2(b)) | |
10 Sep 2009 p. 3539 | r. 1 and 2: 10 Sep 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 11 Sep 2009 (see r. 2(b)) | |
29 Sep 2009 p. 3863‑82 | r. 1 and 2: 29 Sep 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 15 Oct 2009 (see r. 2(b)) | |
13 Oct 2009 p. 4031‑4 | r. 1 and 2: 13 Oct 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 14 Oct 2009 (see r. 2(b)) | |
5 Nov 2009 p. 4411‑15 | r. 1 and 2: 5 Nov 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Nov 2009 (see r. 2(b)) | |
6 Nov 2009 p. 4470‑1 | r. 1 and 2: 6 Nov 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 7 Nov 2009 (see r. 2(b)) | |
8 Dec 2009 p. 4993‑8 (printer’s correction15 Dec 2009 p. 5140) | r. 1 and 2: 8 Dec 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 16 Dec 2009 (see r. 2(b)) | |
12 Feb 2010 p. 584‑7 | r. 1 and 2: 12 Feb 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Mar 2010 (see r. 2(b)) | |
12 Feb 2010 p. 587‑8 | r. 1 and 2: 12 Feb 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 13 Feb 2010 (see r. 2(b)) | |
28 May 2010 p. 2383-5 | r. 1 and 2: 28 May 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 29 May 2010 (see r. 2(b)) | |
23 Jul 2010 p. 3402-6 | r. 1 and 2: 23 Jul 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 24 Jul 2010 (see r. 2(b)) | |
27 Aug 2010 p. 4106-11 | r. 1 and 2: 27 Aug 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 28 Aug 2010 (see r. 2(b)) | |
10 Sep 2010 p. 4347 | r. 1 and 2: 10 Sep 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 11 Sep 2010 (see r. 2(b)) | |
8 Oct 2010 p. 5134‑5 | r. 1 and 2: 8 Oct 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Oct 2010 (see r. 2(b)) | |
2 Dec 2010 p. 6031-4 | r. 1 and 2: 2 Dec 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Dec 2010 (see r. 2(b)) | |
1 Mar 2011 p. 667 | r. 1 and 2: 1 Mar 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Mar 2011 (see r. 2(b)) | |
1 Mar 2011 p. 668‑73 | r. 1 and 2: 1 Mar 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Mar 2011 (see r. 2(b)) | |
1 Mar 2011 p. 673‑5 | r. 1 and 2: 1 Mar 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Mar 2011 (see r. 2(b)) | |
29 Mar 2011 p. 1151‑3 | r. 1 and 2: 29 Mar 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 30 Mar 2011 (see r. 2(b)) | |
6 May 2011 p. 1609‑12 | r. 1 and 2: 6 May 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2011 (see r. 2(b)) | |
1 Jul 2011 p. 2721‑3 | 1 Jul 2011 (see r. 2(b)) | |
2 Aug 2011 p. 3166-8 | r. 1 and 2: 2 Aug 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Aug 2011 (see r. 2(b)) | |
2 Aug 2011 p. 3168-9 | r. 1 and 2: 2 Aug 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Aug 2011 (see r. 2(b)) | |
24 Aug 2011 p. 3405-9 | r. 1 and 2: 24 Aug 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Aug 2011 (see r. 2(b)) | |
9 Sep 2011 p. 3682‑3 | r. 1 and 2: 9 Sep 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 10 Sep 2011 (see r. 2(b)) | |
2 Nov 2011 p. 4619-25 | r. 1 and 2: 2 Nov 2011 (see r. 2(a)); Regulations other than r. 1, 2 and 9: 3 Nov 2011 (see r. 2(c)); r. 9: 15 Nov 2011 (see r. 2(b)) | |
18 Nov 2011 p. 4809‑10 | r. 1 and 2: 18 Nov 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Nov 2011 (see r. 2(b)) | |
22 Nov 2011 p. 4847‑8 | r. 1 and 2: 22 Nov 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 23 Nov 2011 (see r. 2(b)) | |
20 Dec 2011 p. 5374‑5 | r. 1 and 2: 20 Dec 2011 (see r. 2(a)); Regulations other than r. 1, 2, 4 and 6: 21 Dec 2011 (see r. 2(c)); r. 4 and 6: 8 Jan 2012 (see r. 2(b)) | |
24 Feb 2012 p. 801-3 | r. 1 and 2: 24 Feb 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Feb 2012 (see r. 2(b)) | |
22 Jun 2012 p. 2778-9 | r. 1 and 2: 22 Jun 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 23 Jun 2012 (see r. 2(b)) | |
14 Sep 2012 p. 4372‑5 | r. 1 and 2: 14 Sep 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 15 Sep 2012 (see r. 2(b)) | |
25 Sep 2012 p. 4517-21 | r. 1 and 2: 25 Sep 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 26 Sep 2012 (see r. 2(b)) | |
17 Oct 2012 p. 4979-80 | r. 1 and 2: 17 Oct 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 18 Oct 2012 (see r. 2(b)) | |
19 Oct 2012 p. 5017-20 | r. 1 and 2: 19 Oct 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 20 Oct 2012 (see r. 2(b)) | |
2 Nov 2012 p. 5277-8 | r. 1 and 2: 2 Nov 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Nov 2012 (see r. 2(b)) | |
4 Dec 2012 p. 5919‑20 | r. 1 and 2: 4 Dec 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Dec 2012 (see r. 2(b)) | |
18 Dec 2012 p. 6591-2 | r. 1 and 2: 18 Dec 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Dec 2012 (see r. 2(b)) | |
18 Dec 2012 p. 6592-3 | r. 1 and 2: 18 Dec 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jan 2013 (see r. 2(b)) | |
29 Jan 2013 p. 301‑19 | r. 1 and 2: 29 Jan 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Feb 2013 (see r. 2(b)) | |
1 Mar 2013 p. 1091-2 | r. 1 and 2: 1 Mar 2013 (see r. 2(a)); Regulations other than r. 1 & 2: 1 Mar 2013 | |
18 Jun 2013 p. 2295-9 | r. 1 and 2: 18 Jun 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Jun 2013 (see r. 2(b)) | |
28 Jun 2013 p. 2887-904 | r. 1 and 2: 28 Jun 2013 (see r. 2(a)); r. 13: 29 Jun 2013 (see r. 2(b)(i) and | |
27 Aug 2013 p. 4053-7 | r. 1 and 2: 27 Aug 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 28 Aug 2013 (see r. 2(b)) | |
4 Sep 2013 p. 4179‑83 | r. 1 and 2: 4 Sep 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Sep 2013 (see r. 2(b)) | |
24 Sep 2013 p. 4437-56 | r. 1 and 2: 24 Sep 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Sep 2013 (see r. 2(b)) | |
15 Nov 2013 p. 5238 | r. 1 and 2: 15 Nov 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 16 Nov 2013 (see r. 2(b)) | |
19 Nov 2013 p. 5283‑91 | r. 1 and 2: 19 Nov 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 20 Nov 2013 (see r. 2(b)) | |
30 May 2014 p. 1713-37 | Pt. 1: 30 May 2014 (see r. 2(a)); Pt. 2 and 3: 31 May 2014 (see r. 2(b)); Pt. 4: 1 Jul 2014 (see r. 2(c)) | |
12 Aug 2014 p. 2903‑7 | r. 1 and 2: 12 Aug 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 13 Aug 2014 (see r. 2(b)) | |
26 Aug 2014 p. 3082‑4 | r. 1 and 2: 26 Aug 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 27 Aug 2014 (see r. 2(b)) | |
9 Sep 2014 p. 3239‑40 | r. 1 and 2: 9 Sep 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 10 Sep 2014 (see r. 2(b)) | |
22 Oct 2014 p. 4087-115 | r. 1 and 2: 22 Oct 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 23 Oct 2014 (see r. 2(b)) | |
31 Oct 2014 p. 4199-200 | r. 1 and 2: 31 Oct 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Nov 2014 (see r. 2(b)) | |
4 Nov 2014 p. 4203 | r. 1 and 2: 4 Nov 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Nov 2014 (see r. 2(b)) | |
23 Jan 2015 p. 399‑407 | r. 1 and 2: 23 Jan 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 24 Jan 2015 (see r. 2(b)) | |
20 Feb 2015 p. 679‑80 | r. 1 and 2: 20 Feb 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Mar 2015 (see r. 2(b)) | |
30 Jun 2015 p. 2331‑2 | r. 1 and 2: 30 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)) | |
30 Jun 2015 p. 2333‑5 | r. 1 and 2: 30 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)) | |
7 Aug 2015 p. 3200‑5 | r. 1 and 2: 7 Aug 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 8 Aug 2015 (see r. 2(b)) | |
30 Sep 2015 p. 3919‑23 | r. 1 and 2: 30 Sep 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Oct 2015 (see r. 2(b)) | |
8 Jan 2016 p. 21‑2 | r. 1 and 2: 8 Jan 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Jan 2016 (see r. 2(b)) | |
18 Mar 2016 p. 743‑5 | r. 1 and 2: 18 Mar 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Mar 2016 (see r. 2(b)) | |
18 Mar 2016 p. 746 | r. 1 and 2: 18 Mar 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Mar 2016 (see r. 2(b)) | |
4 Oct 2016 p. 4236‑9 | r. 1 and 2: 4 Oct 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Oct 2016 (see r. 2(b)) | |
7 Oct 2016 p. 4375‑9 | r. 1 and 2: 7 Oct 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 8 Oct 2016 (see r. 2(b)) | |
7 Jul 2017 p. 3695‑7 | 8 Jul 2017 (see r. 2(b)) | |
1 Sep 2017 p. 4651‑5 | r. 1 and 2: 1 Sep 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Sep 2017 (see r. 2(b)) | |
27 Oct 2017 p. 5416 | r. 1 and 2: 27 Oct 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 28 Oct 2017 (see r. 2(b)) | |
26 Jun 2018 p. 2379‑82 | r. 1 and 2: 26 Jun 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2018 (see r. 2(b)) | |
4 Oct 2019 p. 3527‑611 | r. 1 and 2: 4 Oct 2019 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Oct 2019 (see r. 2(b)) | |
29 Nov 2019 p. 4101-5 | r. 1 and 2: 29 Nov 2019 (see r. 2(a)); Regulations other than r. 1 and 2: 30 Nov 2019 (see r. 2(b)) | |
SL 2021/118 2 Jul 2021 | r. 1 and 2: 2 Jul 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Jul 2021 (see r. 2(b)) | |
SL 2021/166 24 Sep 2021 | r. 1 and 2: 24 Sep 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Sep 2021 (see r. 2(b)) | |
SL 2022/128 5 Jul 2022 | r. 1 and 2: 5 Jul 2022 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Jul 2022 (see r. 2(b)) | |
SL 2022/134 15 Jul 2022 | r. 1 and 2: 15 Jul 2022 (see r. 2(a)); Regulations other than r. 1 and 2: 16 Jul 2022 (see r. 2(b)) | |
SL 2022/160 23 Sep 2022 | r. 1 and 2: 23 Sep 2022 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Oct 2022 (see r. 2(b)) | |
SL 2023/2 27 Jan 2023 | r. 1 and 2: 27 Jan 2023 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Feb 2023 (see r. 2(b)) | |
SL 2024/64 1 May 2024 | r. 1 and 2: 1 May 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 2 May 2024 (see r. 2(b)) | |
SL 2024/114 26 Jun 2024 | r. 1 and 2: 26 Jun 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 27 Jun 2024 (see r. 2(b)) | |
SL 2024/158 7 Aug 2024 | r. 1 and 2: 7 Aug 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 8 Aug 2024 (see r. 2(b)) | |
SL 2024/234 13 Nov 2024 | r. 1 and 2: 13 Nov 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Dec 2024 (see r. 2(b)) | |
SL 2024/263 11 Dec 2024 | r. 1 and 2: 11 Dec 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 12 Dec 2024 (see r. 2(b)) | |
SL 2025/160 3 Sep 2025 | r. 1 and 2: 3 Sep 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 4 Sep 2025 (see r. 2(b)) | |
The
To see the editorial changes included in a version of a law, see the compare document for that version on the WA legislation website.
r. 3 def. | s. 38 | 26 Jun 2025 |
Abalone Zone.............................................................................................................. 3(1)
Abrolhos Islands Fish Habitat Protection Area..................................................... 3(1)
aircraft........................................................................................................................... 3(1)
ALC.............................................................................................................................. 55A
ALC fishing boat................................................................................................... 55C(1)
allowed time.............................................................................................................. 31(1)
applicant............................................................................. 123A(1), 124A(1), 124D(1)
approval to transport........................................................................................... 144A(1)
approved......................................................................................................... 72, 144A(1)
approved automatic location communicator.......................................................... 55A
approved directions.................................................................................................... 55A
associated camp............................................................................................................. 72
attend................................................................................................ 64B, 64M, 64QA(1)
authorisation.............................................................................................................. 129A
automatic location communicator........................................................................... 55A
bag limit........................................................................................................................ 3(1)
bait band....................................................................................................................... 55E
batch...................................................................................................................... 144A(1)
boat........................................................................................................... 124B(1), 128IA
bona fide................................................................................................................... 64I(2)
broken.................................................................................................................... 55FA(1)
camp................................................................................................................................. 72
cancelled authorisation............................................................................................ 129A
carrier boat............................................................................................................... 119(1)
carrier boat licence...................................................................................................... 3(1)
Central West Zone.................................................................................................... 38(1)
certificate of health............................................................................................. 144A(1)
charter boat................................................................................................................... 3(1)
chlorine tarping....................................................................................................... 110(2)
closed season................................................................................................... 38G, 45(1)
Cockburn Sound.......................................................................................................... 3(1)
commencement point................................................................................................. 3(1)
commercial fishing licence....................................................................................... 3(1)
commercial fishing licence receipt.................................................................. 123A(1)
commercial premises......................................................................................... 64AA(1)
complying drop net..................................................................................................... 3(1)
Cottesloe Reef waters................................................................................................. 3(1)
courier business................................................................................................... 147A(1)
current entitlement.............................................................................................. 118A(2)
current identification sticker...................................................................... 128MA(1A)
Dampier Archipelago waters............................................................................ 64OB(3)
day.......................................................................................................................... 124B(1)
day trip.......................................................................................................................... 3(1)
dB(A)........................................................................................................................ 104(4)
deep sea crab............................................................................................................... 38A
demersal finfish........................................................................................................... 3(1)
demersal scalefish..................................................................................................... 45(1)
destroy................................................................................................................... 144A(1)
disease......................................................................................................... 3(1), 144A(1)
diseased................................................................................................................. 144A(2)
disinfect................................................................................................................. 144A(1)
disposable part.............................................................................................. 14(1), 16(1)
due date.................................................................................................................... 137(4)
Easter Group Zone .................................................................................................. 38(1)
eastern gulf land area................................................................................................. 3(1)
excluded boat................................................................................................... 16DA(1A)
exempt business.................................................................................................. 64AA(1)
extended fishing tour.................................................................................................. 3(1)
farm lease.............................................................................................................. 144A(1)
fillet............................................................................................................................... 3(1)
finfish........................................................................................................... 3(1), 65F(1A)
fin naturally attached............................................................................................... 15(1)
fishing boat licence..................................................................................................... 3(1)
fishing net..................................................................................................................... 3(1)
fishing season........................................................................................................... 38DB
fish processor’s licence.............................................................................................. 3(1)
fish trunk...................................................................................................................... 3(1)
form............................................................................................................................... 3(1)
former authorisation holder.................................................................................... 129A
freshwater finfish........................................................................................................ 65E
Freycinet Estuary........................................................................................................ 3(1)
full amount outstanding of the fee....................................................................... 137(5)
Gascoyne Region........................................................................................................ 3(1)
GDA......................................................................................................................... 152(1)
gear identification float............................................................................................. 22A
gear identification number........................................................................................ 3(1)
Geographe Bay and Inland Waters.......................................................................... 3(1)
ground....................................................................................................................... 64I(2)
GRS80...................................................................................................................... 152(2)
hatchery................................................................................................................. 144A(1)
hatchery licence................................................................................................... 144A(1)
hatchery permit.................................................................................................... 144A(1)
inspector................................................................................................................ 144A(1)
interdorsal fin length.............................................................................................. Sch. 2
internal SLED............................................................................................................ 38(1)
jet ski............................................................................................................................. 3(1)
jetty.................................................................................................................................. 72
Jungulu Special Purpose Zone (wilderness conservation)................................... 3(1)
Kalbarri Blue Holes waters....................................................................................... 3(1)
Lalang-garram / Camden Sound Marine Park....................................................... 3(1)
Lancelin Island Lagoon............................................................................................. 3(1)
large pelagic finfish.................................................................................................... 3(1)
length..................................................................................................................... 144A(1)
licence holder.............................................................................................................. 55A
licensed boat................................................................................................................... 72
licensed carrier boat.................................................................................................... 3(1)
licensed carrier boat number..................................................................................... 3(1)
licensed fishing boat................................................................................................... 3(1)
licensed fishing boat number.................................................................................... 3(1)
licensee.................................................................................................................. 128U(1)
live import list........................................................................................................ 69A(1)
mammal or bird products..................................................................................... 63A(1)
marron drop net................................................................................................. 3(1), 38G
marron pole snare.............................................................................................. 3(1), 38G
marron scoop net............................................................................................... 3(1), 38G
marron trophy waters................................................................................................. 3(1)
May - October..................................................................................................... 64OD(4)
metropolitan waters.................................................................................................... 3(1)
mollusc.......................................................................................................................... 2(1)
Montebello Islands Marine Park.......................................................................... Sch. 5
mooring........................................................................................................................... 72
motor boat.................................................................................................................... 3(1)
NDS Managed Fishery............................................................................................... 55E
nearshore or estuarine finfish.............................................................................. 65D(1)
Ningaloo Marine Park................................................................................................ 3(1)
non-possession period........................................................................................... 38O(3)
notice.................................................................................................................... 55B(1A)
notional bag limit................................................................................................... 162(2)
November - April............................................................................................... 64OD(4)
one day.......................................................................................................................... 3(1)
operating effectively............................................................................................. 55C(1)
operator........................................................................................................................... 72
ornamental fish...................................................................................................... 69A(1)
package..................................................................................................... 21A(1), 61(3a)
pearl oyster farm.................................................................................................. 144A(1)
Pelsaert Group Zone................................................................................................. 38(1)
Pilbara and Kimberley Region................................................................................. 3(1)
Point Quobba restricted area.................................................................................. 113D
Port of Albany......................................................................................................... Sch. 5
Port of Bunbury ...................................................................................................... Sch. 5
Port of Fremantle.................................................................................................... Sch. 5
prawn hand trawl net.................................................................................................. 3(1)
prescribed abalone.............................................................................................. 16GD(1)
prescribed way..................................................................................................... 128T(3)
principal place of residence....................................................................................... 3(1)
PT Managed Fishery.................................................................................................. 55E
pull................................................................................................................................. 3(1)
quarantine site...................................................................................................... 144A(1)
quota period.......................................................................................................... 128U(1)
quota tag............................................................................................... 128T(3), 128U(1)
recreational (boat) fishing licence receipt....................................................... 124D(1)
recreational fishing licence......................................................................... 3(1), 136(1)
recreational fishing licence receipt.................................................................. 124A(1)
region............................................................................................................................ 3(1)
release weight................................................................................................... 64OAA(1)
relevant demersal finfish.................................................................................... 128T(3)
reserve............................................................................................................................. 72
responsible person................................................................................................. 64(1A)
restricted fishing tour.......................................................................................... 128S(1)
return........................................................................................................................ 64(1A)
rock lobster licence....................................................................................................... 72
rock lobster pot............................................................................................................ 3(1)
rock lobster tail............................................................................................................ 3(1)
Rottnest Island Reserve............................................................................ Sch. 2 cl. 4(2)
Rowley Shoals Marine Park.................................................................................. Sch. 2
scheduled fish disease................................................................................................ 3(1)
sea lion exclusion device......................................................................................... 38(3)
Sea Lion Protection Zone........................................................................................ 38(1)
section 224................................................................................................................. 129A
set................................................................................................................................... 3(1)
setose......................................................................................................................... Sch. 2
settlement.............................................................................................................. 144A(1)
share arrangement.......................................................................................................... 72
South Coast Region.................................................................................................... 3(1)
spat......................................................................................................................... 144A(1)
spat collector........................................................................................................ 144A(1)
specified boat....................................................................................................... 55FA(1)
store.......................................................................................................................... 21A(1)
structure........................................................................................................................... 87
sunrise........................................................................................................................... 3(1)
sunset............................................................................................................................. 3(1)
Swan and Canning Rivers......................................................................................... 3(1)
tail clip........................................................................................................................ 31(1)
tail punch.................................................................................................................... 31(1)
tarspot........................................................................................................................ Sch. 2
unauthorised structure................................................................................................... 87
unlicensed person................................................................................................ 124B(3)
usual entitlement................................................................................................. 118A(2)
waters of Point Quobba........................................................................................... 113D
waters of the Shark Bay eastern gulf....................................................................... 3(1)
waters of the Shark Bay western gulf...................................................................... 3(1)
WCRL Managed Fishery........................................................................................... 55E
West Coast Demersal Scalefish (Interim) Managed Fishery................... 64OAA(1)
West Coast Region..................................................................................................... 3(1)
Western Australian pearl oyster fishery.......................................................... 144A(1)
western gulf land area................................................................................................ 3(1)
whole fish..................................................................................................................... 3(1)
whole ray.................................................................................................................... 16(1)
whole shark................................................................................................................ 15(1)
zone........................................................................................................................ 144A(1)
|
0
0
0