Fisheries Act Amendment Act 1913 (WA)

WESTERN AUSTRALIA.

69* ea,.

ANNO QUARTO

GEORG1I QUINTI REGIS,

LX.

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No. 9 of 1913.

AN ACT to amend the Fisheries Act, 1905.

[Assegted to 8th November, 1913.]

and Legislative Assembly of Western Australia. in this presentBE it enacted by the King's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council

Parliament assembled, and by the authority of the same, as follows:—

proclamation, and may be cited as the Fisheries Act Amendment commencement. 1. This Act shall come into operation on a day to be fixed by Short title and

Aet, 1913, and this Act, the Fisheries Act Amendment Act, 1911, and the principal Act may be cited together as the Fisheries Act,

1905-13.

2.	In this Act the words "principal Act" mean the Fisheries	Meaning of
"principal Act."

Act, 1905.

3. In the heading of Part III. of the principal Act the words mendment of

heading of Part ILL

" net and line" are deleted.

4.	Sections eight, nine, and ten of the principal Act are hereby	Substitution of new
sections for Sec-

repealed, and the following sections shall stand in lieu thereof :— tions 8, 9 and 10.

8. The Governor may by proclamation prohibit all persons	Proclamation of
close fisheries.

from

(a.) Taking fish of any specified species, by any specified

means of capture;

(b.) Taking any fish whatsoever, by any specified means

of capture;

1913, No. 9.] Fisheries—Amendment: [4 GEO. V.

(c.) Taking any fish whatsoever, by any means of capture

whatsoever ;

in any specified portion of Western Australian waters during any specified time in any specified year or during a specified portion of every year.

Proclamation	9. The Governor may by proclamation prohibit all persons
closing waters

against use of fish-	from taking any fish whatsoever, in every or any specified
ing nets, etc.	portion of Western Australian waters, by means of fishing nets and fishing lines, or either of such means of capture, or by any other specified means of capture, for any specified term

Proclamations may	10. Every proclamation issued under section eight or nine
be varied or revoked

or be subject to may

exceptions.

(a) be revoked or varied at any time ; and

(b) be subject to any specified exception as regards

species of fish, or means, place, time, or purpose of

capture or otherwise ; and

(c) restrict the means of capture mentioned in any such exception to implements and appliances supplied by or under the authority of the Minister.

Express prohibition	1 OA. No person shall
of breach of

proclamation. (a.) Contravene by act or omission any proclamation issued

under section eight or nine ; or,

(b.)	Attempt to contravene any such proclamation ; or
(c.)	Be in possession of fish taken in contravention of any such proclamation, or of any line, net, or other means of capture whatsoever intended to be used in contravention of any such proclamation ; or
(d.)	Sell or attempt to sell any fish taken in contravention of any such proclamation or which could in accordance with any such proclamation be taken for domestic or personal use only and not for sale.

Amendment of 5.

Section twenty-two of the principal Act is hereby amended by the substitution of the word " length " for the words " weight or size " in subsection one, and by the substitution in subsection three of the words " weight less than twelve ounces or than such greater or lesser weight as may be from time to time prescribed by proclamation " in lieu of the words " size less than that prescribed in the second schedule."

Section 22.

Amendment of 6. Section twenty-three of the principal Act is hereby amended

Section 23.

by the substitution of the word "length " for the word " weight,"

wherever the latter word occurs therein.

Amendment of 7. Section thirty-seven of the principal Act is hereby amended

Section 37.

by the insertion, immediately after the word "used," of the words

" or intended to be used."

4 GEO. V.] Fisheries—Amendment. [1913, No. 9.

Insertion of new

8, The following section is hereby inserted in the principal section.

Act after the thirty-seventh section, that is to say-

Forfeiture of boats,

37A. (1.) When any boat, net, line, or implement or appliance for taking fish shall be found by any inspector in	nets, etc., found in
closed waters with.
any closed waters without any person in actual possession	out owner.
thereof, then such inspector or another inspector shall give the prescribed notice of the finding thereof and shall thereafter cause the thing so found to be taken before a Justice. and, in default of any person establishing a claim to the thing to the satisfaction of the Justice, the Justice shall. if satisfied that there are reasonable grounds for believing that the thing in question has been or was intended to be used in contravention of this Act, condemn the same as forfeited to His Majesty, and the same shall be forfeited accordingly.
(2.) " Closed waters " means any waters as to which any proclamation under section eight or nine is in force.

9. Section forty-two of the principal ffl, nereby amended Amendment of

by the deletion of the words " twice, within a period of six months,"	Section 42.
in lines one and two.

10.	The second schedule of the principal Act is hereby repealed,	new second
Substitution of

and the following schedule shall stand in lieu thereof as the second	schedule.
schedule of the Act, that is to say

SECOND SCHEDULE.

Common Names of Fish. Lengths.

Marine or Fluvio-Marine :

Inches.

Black Bream ... 8

Silver Bream or Tan hine	8
Schnapper	11

Queen Fish ... 12

Australian Salmon (or so-called Salmon Trout) 10

Silver Fish or Silver Belly	..	4
River Kingfish or Jewfish	...	13
Sea Pike	13

Red Mullet ... ... ... 6

Silver or Sand Whiting ... 9

Whiti .1g	King George or Spotted Whiting	10
School Whiting ...	8
Trumpeter Whiting	7

Butter Fish ... ... ... .. 7

N.W. Schnapper or Pig-faced Bream 11

Blue Groper ... 12

Red or Brown Groper	10
Kingfish (sea)	15
Skipjack or Trevally ...	8
Taller ...	8
Flounder	8
Red Rock Cod	9

SECOND

1913, No. 9.]	Fisheries—Amendment.	[4 GEO. V.
SECOND SCHEDULE—COUtinited.

Common Names of Fish. Lengths.

Marine or Fluvio-Marine-- continued:

Inches.

Red Gtiruard	9
Jewfish (sea) or Westralian Perch	13

Dusky Flathead ... 12

Flathead	Sand Flathead	11
Marbled Flathead	11

Shark-beaked Gurnard	9
King Schnapper or Nannygai	9

River or Sea Mullet

Mullet 1, Pilchard or Yellow-eye Mullet 9

Sand Mullet 9

Garfish	Sea Garfish	9
River Garfish	7

Garpike or Longtom	..	13
Sergeant Baker	12

Herring (sea) or Roughy 6

Yellowtail or Perch ... 7,

Perth Herring or Gizzard Shad 5

Sole ... S

Pilchard (sea) ...	3
Sweep...	S
Prawns ...	2

Fresh Water Varieties.

Murray Cod ... 15

Murray Perch ...	9
English Perch ...	9
Crucian Carp ...	7

NOTE As TO IlluAsuRENEN•.—All fish excepting Garfish are measured overall, that is, from point of the snout to the end of the tail. Garfish are measured from the tip of the upper jaw tothe end of the upper half of the tail. Prawns are measured along

the body from the eyes to the tip of the tail.

Reprinting of

principal Act and	11. All copies of the principal Act hereafter printed by the Government Printer shall be printed as amended by this Act and the Fisheries Act Amendment Act, 1911, under the supervision of the Clerk of Parliaments, and all necessary references to the amend- ing Acts made in the margin, and in any such reprint the short
amendments.
title shall be altered to the Fisheries Act, 1905-13.

By Authority : FRED. WM. SIMPSON, Government Printer, Perth.