Fisheries Act Amendment Act 1949 (WA)

1949.] Fisheries. [No. 48.

FISHERIES.

13° Geo. VI., No. c-x-xx-rv.

No. 48 of 1949.

AN ACT to amend the Fisheries Ant, 1905-1948.

[Assented to 26th October, 1949.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1.   This Act may be cited as the Fisheries Act Short title.

Amendment Act, 1949, and shall be read as one with the

Fisheries Act, 1905-1948 (Act No. 18 of 1905, reprinted with amendments to and including No. 35 of 1940, incor- porated pursuant to the Amendments Incorporation Act, 1938, in Volume 2 of the Reprinted Acts of the Parlia- ment of Western Australia, and further amended by Acts Nos. 22 of 1946, 39 of 1947 and 10 of 1948), here- inafter referred to as the principal Act.

2.    The principal Act, as amended by this Act, may prinoipalAct

as amended

be cited as the Fisheries Act, 1905-1949. by this Act.

3.    Section six of the principal Act is amended by— ilimeralment

(a) adding after the word "fishing" in paragraph (g), line one, the words "and the taking of crustacea";

(b) adding after the word "prescribing" in para- graph (h), line one, the words "licenses required under and for the purposes of the provisions of this Act and the regulations, the maximum fees payable for any license, enabling the differentiation of fees payable in respect of any particular kind of license, having regard to the conditions of the licenses concerned, and prescribing";

No. 48.] Fisheries. [1949.

(c) adding after the word "and" in paragraph (h),

line one, the words ", subject to the provisions_

of section seventeen of this Act,";

(d) deleting from the second sentence commencing with the words "Such regulation may pro- vide" all words after the word "regulations" in line five to and including the word "ses- sion" in line eleven.

Repeal of

s. 13.	4. Section thirteen of the principal Act is repealed.
Repeal of
g. 14.	5. Section fourteen of the principal Act is repealed.
Repeal of
5./5.	6. Section fifteen of the principal Act is repealed.
Repeal of
7. Section sixteen of the principal Act is repealed.
B. 16.
Amendment
8. Section seventeen of the principal Act is amended
of a. 17.

by substituting for the words "a boat license or of a fisherman's license" in lines three and four of sub- section (1), the words "any license".

Repeal and

re-enactment	9. The principal Act is amended by repealing section
of s. 18.

eighteen and substituting the following:-

Returns.

Cf. 58 of	18. (1) The Chief Inspector of Fisheries, if so directed by the Minister, shall require, by notice in writing specifying the person to whom the return shall be furnished, persons engaged in the operations referred to in the next succeeding subsection, to furnish returns in or to the effect of the prescribed form, as to the catch, sales, output, or business of such persons.
1935, 5.42.
(2) The operations in respect of which a return may be required under this section are-

(a) the taking of fish for sale ;

1949.] Fisheries. [No. 48.

(b) the sale of fish at any market or at any establishment at which fish is sold which has not passed through a market;

(c) the preserving, curing, smoking, drying, or

salting of fish;

(d) the canning, packing, or bottling of fish, parts of fish, or of any fish product intended for human consumption;

(e) the preparation of fertilisers from fish, or of any fish produce or by-product not intended for human consumption;

(f) the carriage of fish, parts of fish, or fish

product;

(g) the furnishing of accurate information as to locality from which different varieties are taken.

(3)

The notice may require returns to be furnished at such times and in respect of such periods as may be specified therein, and may require that separate particulars shall be furnished as to the weight, quantity, value, or price of any one or more varieties or species of fish or parts of fish or fish product, specified in the notice or as to the locality in which any fish or any one or more varieties or species of fish specified in the notice were taken.

(4) Any person who neglects or fails to furnish a return in accordance with this section, or who furnishes any false information in any such return, shall be guilty of an offence.

10. Section twenty-four of the principal Act is	Amendment
of a. 24.

amended by adding after subsection (3) the following

subsections :—

(4) In any prosecution of any person for an

alleged offence against the provisions of this section,

it shall be no defence to him to prove that he

No. 48.] Fisheries. [1949.

is only the servant or agent of the owner of the fish concerned or is only entrusted for the time being with the fish by such owner, but the servant or agent and the owner shall each be liable.

(5) If the person charged, being a servant or agent, proves that at the material time, the fish were in the same state as that in which he received them from his employer or principal, and at the material time he had no knowledge that the fish were of a less length than that referred to in subsection (1) of this section, he may, notwithstanding that his employer or principal has himself been convicted and fined, recover from the employer or principal the amount of any penalty for which he may have been convicted in respect of the charge, together with the costs paid or to be paid by him upon the conviction and those incurred by him in and about his defence thereto.

(6)

Where a servant or agent is so convicted, the court of summary jurisdiction may suspend the operation of the conviction for any period not exceeding three months so as to enable the defendant to recover the amount of the fine and costs from the employer or principal.

Amendment

of a. 81. 11. Section thirty-one of the principal Act is amended by adding after subsection (7) the following subsec- tion :-

(8) (a) Subject to this Act, a trout acclimatisa- tion society may, with the consent of the Minister, make by-laws to have effect within the area in which the society is registered for

(i)    prescribing the limits in or about the mouth of, or within any river, creek, stream, estuary, or other inlet of the sea, within which it shall not be lawful for any person to fish by means of any net or fixed engine ;

(ii)    determining the times and seasons at which the taking of any species of fish shall commence and cease or be permitted or prohibited;

1949.] Fisheries. [No. 48.

(iii)    prohibiting all persons from taking any fish of any specific species by means* of any specified capture or by any means of capture whatsoever;

(iv)    providing that under license from the society, fish may be taken from waters to which by-laws under this paragraph apply;

(v)    fixing the fees payable for and the duration

of a license;

(vi)    prescribing the conditions on which any license shall be granted and providing that on the breach of any condition, a license shall be cancelled by the society;

(vii)    providing for all matters which are neces- sary or convenient to be prescribed for the purposes of carrying out or giving effect to by-laws as fully as if they were regulations or proclamations under this Act;

(viii)     the detention, punishment, and apprehen- sion of offenders and the prevention of offences;

(ix)    the forfeiture to His Majesty of property or articles used or intended to be used and fish taken in breach of any by-law;

(x) imposing a penalty not exceeding five

pounds for the breach of any by-law.

(b) Where the provisions of any by-law made under this section relate to the same subject matter as or are in conflict with the provisions of this Act, or of the regulations or of any by-law made under the Road Districts Act, 1919-1948, the latter provi- sions shall prevail.

Amendment

12. Section thirty-four of the principal Act is of A 84.

amended by

(a) substituting for the word "January" in line

two, the word "July";

(b) substituting for the words "Thirty-first day of December" in line five, the words "Thirtieth day of June".

No. 48.] Fisheries. [1949.

Repeal and

re-enactment	13. The Second Schedule to the principal Act is
of Second

Schedule.

repealed and substituted by the following:—

Ss. 24. 26

and 38.

SECOND SCHEDULE.

(a)—FISH, MARINE OR FLUVIO-MARINE SPECIES.

Common Name. Scientific Name. Length. (Inches.)

Bream (or Black Acanthopagrus (new species near aus- 91/2

Bream) tralis)

Bream, Pig-faced Lethrinus spp. 9

(or North-West

Snapper)

Bream, Yellow-fin	Acanthopagrus latus	10
Flathead, Dusky	Piattipora fusca	12
Fathead, Marbled	Laeviprora laevigata	11
Flathead, Sand	Planiprora melsomi	11
Flounder	Pseudorhombus jenynsii	9
Garfish, River	Reporhamplzus regularis	9
Garfish, Sea ..	Reporhamphus melanochir	9

Groper .. Achoerodus gouldii • . 12

Herring, Perth Nematalosa come .. 5

(or Gizzard

Shad)

Jewfish, Westra- Glaucosoma hebraicum 13

lien

Leather Jacket	Family Aluteridae (many species)	9
Longtom (or Gar-	Lhotskia gavialoides	13

pike)

Mackerel, Spanish	Cybium commerson	15
Mackerel, Com-	Scomber australasicus	6

mon

Morwong (or Nemadactylus spp. 12

Queen Fish)

Mullet, Sand	Moolgarda Pura	9
Mullet, Sea	Mugil dobula	91/2

..

Mullet, Yellow- Aldrichetta forsteri 9

eye

Mulloway (or	Sciaena antarctica	18
River Kingfish) Nannygai (or	Trachiehthodes lineatus	9
King Snapper) Pike, Long-fin	Dinolestes lewini	13
Pilchard, Sea	Sardinops neopilchardvs	5
Rock Cod, Red	Ruboralga sztmptuosa	9
Ruff (or Sea Her-	Arripis georgianus	7

ring)

Salmon, Austra- Arripis trutta 91/2

lian

Samson Fish (or Seriola hippos .. 15

Sea Kingfish)

Sergeant Baker Latropiscis purpurissatus .. 12

1949.] Fisheries. [No. 48.

Common Name. Scientific Name. Length. (Inches.)

Snapper	• •	Chrysophrys unicolor	• •
Snook	Australuzza novae-hollandiae	• • 13

Sole • • • . Family Soleidae (several species) • •

8

Sweep Scorpis georgianus

.. • • 8

Tailor .. Ponzatomus pedica 9

Tarwhine (or Sil- Austrosparus tarwhine 8

ver Bream)

Trevally, Silver Usaearanx georgianus 8

(or Skipjack)

Whiting, Sand or Sillago bostockii and allies 51/2

Silver

Whiting, Spotted Sillaginodes puncatus 10

or King George

Whiting, Trans- Sillago bassensis and Mayo fraseri 81/2

parent (or School Whit- ing)

Whiting, Trum- Sillago Inaculata 7

peter

Yellowtail (or Amphitherapon caudav atus

Perch)

(b)—FISH, FRESHWATER SPECIES.

Common Name.	Scientific Name.	Length.
(Inches.)

Callop (or Mur- Plectroplites ambiguus

ray Perch)

Cod, Murray	Macculloehella macquariensis	15
Perch, English	Perm	9
Trout, Brown	Salmo eriox	12

Trout, Rainbow Salmo iridea :. 12

(c)—CRUSTACEANS.

Common Name. Scientific Name. Length. (Dishes.)

Crayfish	Panulirus longpipes	• •	23/4
Crabs, Manna	Portunus pelagicus	• •
51/2
Prawns, King	P077(lelf.9 plebejus	3
• •
Prawns, School	Penaeopsis ntaeleayi	• •	2

Note as to Measurement—Garfish are measured from the tip of the upper jaw to the end of the upper half of the tail; prawns are measured along the body from the eye to the tip of the tail; crayfish are measured from the rear end of the horns to the end of the carapace (or body); crabs are measured from tip to tip of the posterior cara- pace spikes; all other fish are measured from the point of the snout to the end of the tail.