Fisheries Act 1899 (WA)

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ANNO SEXAGESIMO TERTIO

VICTORIA; R 14:GIN/E.

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No. XLVII.

AN ACT to amend the Fishery Act, 1889.

[Assented to, l6t1i December, 1g99.]

DE it enacted by the Queen's Most Excellent Majesty, by and

with the advice and consent of the Legislative Council and

Legislative Assembly of Western Australia, in this present Parlia-

ment assembled, and by the authority of the same, as follows:--

1. THIS Act may be cited as the Fisheries Act, 1899, and shall titlen- , i

come into operation on the first day of January, One thousand nine Short	corporation, and
I	commencement.

2. IN this Act, unless the context otherwise requires, Interpretation.

" Boat " means any punt or boat or other vessel, whether pro-

pelled by oars, sails, steam, or any other means.

" Boat license " means a license issued under this Act to use a

boat for fishing.

" Close waters " means such Western Australian waters as by proclamation made under this Act are for the time being closed to fishing.

"Engine" means any hedge, weir, net, device, or contrivance of any kind for the purposes of catching fish or taking the spawn of fish.

63° VICTORIIE, No. 47.

Fisheries Act; 1899.

" Fish " includes crustacea.

" Fisherman's license " means a license granted under this Act. " Inspector " means an Inspector or Sub-inspector of Fisheries,

and any officer of police or constable, and ally person appointed under the hand of the Minister or of a Justice of the Peace.

"Minister " means the Minister administering this Act.

" Prescribed" means prescribed by this Act or the principal Act,

and the regulations thereunder or under the principal Act.

" Proclamation " means a proclamation published in the

Government Gazette.

"Regulations " means the regulations made under this Act.

" -Western Australian waters," i'not exempted by proclamation

from the operation of this Act, and includes every brook, creek, river, or stream of water, lake, or lagoon, whether salt or fresh, awl every estuary and arm of the sea, and the sea to three miles from high-water mark.

NO boat shall be used for catching fish in Western Australian On payment of a fee of One pound, or, after the thirtieth day of June in any year, of Tell shillings, the Minister may cause a boat license to be issued, authorising the Use of the boat for fishing in Western Australian waters, specifying in such license the boat, and the name and address of the owner thereof ; and every such license shall expire on the thirty-first day of December next after

Fishing-boats to be 3.

licensed.

waters for sale, unless the owner of the boat is the holder of an

annual boat license granted under this Act for that purpose.

•

the issuing thereof.

All boat licenses shall be numbered consecutively as issued,

and every licensed boat shall have the number of the license painted

on the bow above the waterline, in figures not less than six inches in length, being white on a dark ground, or black on a light

ground, and on the mainsail (if any), above all reef points, in figures not less than eighteen inches in lengtlm and the owner shall keep

such figures legibly painted during the currency of the license.

Every person using a boat in contravention of this section, and every owner allowing the same to be so' used, shall be guilty of an offence against this Act.

Fishermen fishing 4. NO person shall engage in catching fish for sale unless he

for sale to be

is the holder of a fisherman's license granted under this Act for

licensed.

that purpose, and no person shall fish With a seine net unless he

is the holder of a fisherman's license.

On payment of a fee of Ten shillings, the Minister may cause

a fisherman's license to be issued to an adult person to be named

therein

63° VICTORIAE, No. 47.

Fisheries Act, 1899.

therein, authorising the licensee to catch fish in Western Australian waters for sale, and, on payment of a fee of Five shillings, shall cause a like license to be issued to any person under the age of twenty-one years. Every license shall expire on the thirt y-first day of December next after the issuing thereof.

After the thirtieth day of thine in any year, only one-half of the fees above mentioned shall be paid for the licenses by this section required respectively.

Every person who catches fish in Western Australian waters, for sale, or with a seine net, without being licensed as herein provided, or who employs for that purpose another person who is not so licensed, shall be guilty of an offence against this Act.

5.     EVERY person who, in any Western Australian waters,

stakes, fixes, or otherwise sets all y net the mesh of which is of tiConi'ntoiefledeitmlitilimetseoti; less than the prescribed dimension, or places, stakes, fixes, or of toty nets in certain

otherwise sets any net across the mouth or from bank to bank of any channel, creek, tidal river or stream, shall be guilty of an offence against this Act.

6.      AN Inspector appointed under 1 this Act, or any police officer Inspec tor appointed

or constable, may at any time go on board any boat or into any house, under Aet may

tent, or other premises to inspect fish,'and to search for, seize, and •

march for nets.

take away any net suspected to have been used in violation of this

Act or the regulations.

7. THE Governor may, at any time, by proclamation, do Governor may by

as follows:— proclamation:

Exempt any portion of the Colony specified in such proclama-

Exempt portions of

tion from the operation of 'this Act, and may, in like	Colony from Act.
manner, revoke such proclamation ;

Declare any Western Australian waters to be close waters for Close w

all or any kind of fishing, and for any times specified in

such proclamation ;

Notwithstanding anything in the Game Act, 1892, declare a Offer rewards for

scale of rewards, and the conditions for the payment thereof,

destruction of cer-

for the destruction of cormorants, pelicans, and such other

tain birds.

birds as by such proclamation may be declared hostile to

fish life ; and

Make regulations prescribing the length, width, and meshes of nets, whether generally or ;for certain places or times, for the carrying of lights by licensed boats engaged in fishing, and otherwise for the effectual execution of this Act, and prescribe pecuniary penalties not exceeding Maize regulations

63" VICTORIZE, No. 47.

Fisheries Act" 1899.

Twenty pounds for the breach of any such regulations, and also forfeiture of nets and any other implements used in breach of such regulations.

Licenses to catch fish 8. NOTWITHSTANDING that any waters have been

for domestic par- declared by dip Governor to be close waters, the Minister may poses in close waters. cause licenses to be granted to anv person to catch fish in such

waters fbr domestic purposes only, and not for sale ; and every such licensee who, while such waters are close, catches fish therein for other than domestic purposes, or sells fish caught therein, shall be guilty of an offence against this Act

9.      IN any prosecution for an offence against this Act in which

Burden of showing

that fish were not it is material to show that the accuseffperson was engaged in cattibig;

be on the accused. caught for sale t° fish for sale, proof that such person in fact caught fish shall

pima fitcie evidence that such person caught the fish for sale, and

the burden of showing that the fish , were not caught for sale shall

rest on the accused person.

10.      WHERE a person holding a license under this Act has

License may- be sus- .

pended or cancelled twice within a period of six mon ths: been convicted of an offence in certain cases. against this Act, he shall be liable, in addition to any other punish-

ment, to the suspension or cancellation of his license at the discretion

of the Minister.

Act not to apply 11. THIS Act shall not apply to fish obtained for food by the

to aborigines.

aboriginal inhabitants of the Colon , in their accustomed manner,

otherwise than by means of any weir for hedge.

ALL persons charged with offences against this Act may be

punishment is specified for any offence, the person convicted thereof

shall be liable to a fine of not more than Twenty pounds.

General penalty for 12.

offences	Against this prosecuted before a Court of Summit+	jurisdiction ; and, where no
Act.

incorporation of ss. 13. THE sections lettered E, 0, and H of the Second

of Schedule 2 of 62 Schedule to the Interpretation Act, 1808, shall be incorporated with

Viet., 30. this Act.

In the name and on behalf of the Queen I hereby assent

to this Act.

GERARD SMITH, Governor.

By Authority : RICHARD PETHER, Government Printer, Perth.