Fisheries Amendment Regulations (No. 4) 1995 (WA)

27 June 1995] GOVERNMENT GAZETTE, WA 2533

FISHERIES

F1301 FISHERIES ACT 1905

7 April and 16 May 1995.]

FISHERIES AMENDMENT REGULATIONS (NO. 4) 1995

Made by His Excellency the Governor in Executive Council.

Citation

1.   These regulations may be cited as the Fisheries Amendment Regulations

(No. 4) 1995.

Commencement

2. These regulations come into operation on 1 July 1995.

Principal regulations

3. In these regulations the Fisheries Regulations 1938* are referred to as

the principal regulations.

V* Reprinted as at 15 September 1988.

For amendments to 15 June 1995 see 1994 Index to Legislation of Western Australia, Table 4, pp. 85-7, and Gazette of 24 February,

2534 GOVERNMENT GAZETTE, WA [27 June 1995

Regulation 3AB amended

4.  (1) Regulation 3AB (4a) of the principal regulations is amended —

(a) by inserting after "more than 2 times" the following —

the daily bag limit of blue manna crabs (Portunus pelagicus), as provided for in Part A of the Schedule to this regulation, or more than 2 times ft.

and

(b) by inserting after "or transport any" the following

blue manna crabs or

(2) Part A of the Schedule to regulation 3AB of the principal regulations

is amended —

(a) by deleting the item commencing "Chinaman cod";

(b) by inserting after the item commencing "Cobbler" the following item—

Fingermark bream (Lutjanus russelli) 8

(c) by inserting after the item commencing "Flathead and flounder" the following item —

a

Giant threadfin salmon
(Eleutheronema tetraclactylum) 8

(d)	by deleting the item commencing "Mangrove jack and fingermark bream" and substituting the following item —
" Mangrove jack (Lutjanus argentimaculatus) 8 "-

(e) by deleting the item commencing "Trout"; and

(f)

in the item commencing "All other Western Australian species", a

and for Redfin perch (Perca fluviati1is), Goldfish (Carrasius auratus), Carp (Cyprinzts carpio) and Tilapia (of the family Ciehitc/ae)

(3) Division 1 of Part B of the Schedule to regulation 3AB of the

principal regulations is amended —

(a)	in the item commencing "Barramundi", by deleting '4" and substituting the following
if 5
(b)

by inserting after the item commencing "Barramundi" the a

Billfish (combined) (of the families
Xiphiidae and Istiophoridae) 4 .;

(c) by deleting the item commencing "Mackerel, Spanish" and

substituting the following item —
U

Mackerel, Narrow Barred and

Broad Barred (combined)

(Scomberormorus comrnerson,

Scomberormorus semifasciatus) 4 tr.

27 June 1995] GOVERNMENT GAZETTE, WA 2535

(d) by deleting the item commencing "Mulloway" and substituting the
following item —

Mulloway and black jewfish

(northern mulloway) (combined)

(Argyosomus hololepidotus,

Protonibea diacanthus) 4

".

and

(e) by inserting after the item commencing "Sharks" the following
item

Trout, Brown and Rainbow

(combined)	(Salm° trutta,
Oncorhynchus mykiss)	4

Regulation 12ED amended

5.  Table 1 to regulation 12ED of the principal regulations is amended in

paragraph (a) of the item commencing "Cods" by deleting "other than

Chinaman cod (Epinephelus rivulatus)".

Regulation 15GA inserted

6.   After regulation 15G of the principal regulations the following regulation

is inserted —

Shucking of molluscs by person other than professional fisherman prohibited

15GA. (1) A person, other than a person who is the holder of a professional fisherman's licence, shall not —

(a) on the seaward side of the high water mark, or within 200 metres of, and on the landward side of, the high water mark —

(i) remove the shell; or

(ii) cause or permit the shell to be removed,

from any cockles (ark shell) (Anadara trapezia), venus

clams (all species of the genus Katelysia) or other

species of edible mollusc; or

(b) bring ashore, or attempt to bring ashore1 any cockles (ark shell), venus clams or other species of edible mollusc which have had the shell removed.

Subregulation (1) (a) does not apply to a person who removes the shell, or causes or permits the shell to be removed, from any cockle (ark shell), venus clam or other species of edible mollusc for the purpose of immediately using the mollusc as bait.

(2)

Regulations 15LA and 15LB inserted

7.   After regulation 15L of the principal regulations the following

regulations are inserted —

Possession limit for barramundi

15LA. (1) Subject to regulation 15LB, a person, other than a person who is the holder of a professional fisherman's licence1 shall not have in the person's possession more than 5 barramunch (Lazes ealcarifer).

2536 GOVERNMENT GAZETTE, WA [27 June 1995

(2) Subregulation (1) applies irrespective of the period over

which the barramundi were taken.

(3) For the purpose of determining the number of barramundi in a person's possession, 2 single.-sided fillets of barramundi shall be taken to be equivalent to one whole barramundi.

(4) In subregulation (3) -

"single-sided fillet" means a fillet that is taken from only one side of a barramundi.

Barramundi excluded from possession limit in certain circumstances

15LB. A person does not commit an offence under regulation

151A (1) if—

(a)	the barramundi are in the person's possession at the person's principal place of residence;
(b)	the barramundi in theperson's possession were

purchased bona fide by the person or any other

person; or

(c) the barramundi are in the person's possession in connection with the operation of a processing establishment under Part IIIB of the Act.

Regulation 15M amended

8.   Regulation 15M of the principal regulations is amended -

(a) by inserting after "abalone" in each place where it occurs the following -

or barramundi

(b)	by inserting after "15K" in the first place where it occurs the following -
" or 15LA "; and
(c)	in paragraph (b), by inserting after "15K (1)" the following -

" or 15LA

Regulation 15N inserted

9.   After regulation 15M of the principal regulations the following regulation

is inserted —

'I

Fish In a boat or brought ashore not to have the skin or scales removed

15N. (1) Subject to subregulation (2), a person shall not have on board a boat, or bring ashore from a boat, any fish that have had the skin or scales removed.

(2) Subregulation (1) does not apply if the person is the holder of a professional fisherman's licence and the boat is licensed under regulation 2. I,

By His Excellency's Command,

J. PRITCHARD, Clerk of the Council.