Fish Resources Management Regulations 1995

Western Australia

Western Australia

Fish Resources Management Regulations 1995

CONTENTS

Part 1 — Preliminary

1. Citation 1

2. Commencement 1

3. Terms used in these regulations 1

4. Peak industry body 9

5. Process — prescribed class 9

6. Exemptions 9

7. Return of exemption 9

Part 2 — Administration

8. Use and custody of common seal 10

Part 3 — Advisory committees

9. Procedure for certain persons to be appointed by Minister 11

Part 4 — General regulation of fishing

Division 1 — Protected fish

10. Protected fish — sections 46 and 47 12

11. Defences for offences against s. 46 or 47 12

12. Totally protected rock lobsters and crabs to be released to the sea 13

13. Possession of mutilated protected fish 14

Division 2 — Requirements regarding fish trunks and fillets

14. Special risk finfish to be landed as whole fish in certain areas14

15. High risk finfish to be landed as whole fish, fish trunks or fillets of a certain description 16

16. Low risk finfish to be landed as whole fish, fish trunks or fillets with the skin attached 17

16A. Finfish at Shark Bay 18

16B. Sharks and rays — finning and filleting by commercial fishers 19

Division 3 — Possession limits

Subdivision 1A — Preliminary

16C. Finfish excludes bait fish in this Division 21

16CA. Where possession limit is referred to in terms of bag limit 21

Subdivision 1 — Possession limits Statewide

16D. Possession limits generally for finfish — recreational fishing21

16E. Possession limits — on a boat 22

Subdivision 2 — Possession limits for Regions

16F. Possession limits — rock lobster in the Pilbara and Kimberley Region 24

Subdivision 3 — Possession limits — pink snapper at Shark Bay

16G. Terms used in this Subdivision 25

16H. Possession of pink snapper in Freycinet Estuary area 25

16I. Tags authorising the possession of pink snapper in the Freycinet Estuary area 26

16J. Form of a tag 27

Subdivision 4 — Possession limits in certain other areas

16K. Possession limits — principal place of residence at Exmouth townsite or Ningaloo Marine Park Land Zone27

16L. Possession limits — rock lobster at Ningaloo and Exmouth townsite 28

16M. Possession limit — barramundi 28

16N. Possession limit — marron 29

17. Possession limit — abalone 30

17A. Possession limit — brown mud and green mud crabs at King Sound 30

18. Possession limit — commercial fishing 31

20. Defence in relation to offences under section 51(2) 32

21. Presumptions regarding possession 33

Division 4 — Labelling of fish

22. Labelling of fish 33

Division 5 — Requirements regarding rock lobsters

31. Fishing for rock lobster 36

31A. Certain bait not to be used, or carried on a boat, to fish for rock lobster 37

32. Identification of rock lobster pots by floats 38

33. Fishing for rock lobster in the waters surrounding Rottnest Island 39

34. Fishing for rock lobster in the waters surrounding Quobba Point 40

35. Possession of rock lobster flesh 40

36. Use of boats for fishing for rock lobsters 41

37. Defences to alleged offence under regulation 36 42

38. Specifications for rock lobster pots 42

Division 5A — Requirements regarding deep sea crabs

38A. Term used in this Division 44

38B. Possession or sale of parts of deep sea crabs 45

38C. Bringing ashore parts of deep sea crabs 45

Division 5B — Requirements regarding abalone

38D. Abalone 46

38E. Diving for abalone using breathing apparatus prohibited in Abalone Zone 1 46

Division 5C — Requirements regarding marron

Subdivision 1 — Interpretation

38G. Terms used in this Division 47

Subdivision 2 — General restrictions on fishing for marron

38H. Use of certain nets or snare to fish for marron 48

38I. Use of marron pole snare only to fish for marron in certain waters 49

38J. Fishing for marron in certain Margaret River waters 50

38K. Fishing for marron by use of boats or by swimming or diving50

38L. Use of boats to transport marron nets 50

Subdivision 3 — Closed season restrictions relating to marron

38M. Closed season for fishing for marron 51

38N. Removal of marron during closed season from private land 51

38O. Possession of marron during non‑possession period 52

Division 6 — Requirements relating to the taking of certain fish

39. Fishing for prawns by a person other than the holder of a commercial fishing licence 53

40. Fishing for cherabin 53

41. Shucking of abalone by a person other than the holder of a commercial fishing licence 54

42. Shucking of molluscs by person other than the holder of a commercial fishing licence 55

43. Obstruction or interference with trout 55

44. Fishing for barramundi, brown or rainbow trout, freshwater cobbler or redfin perch 56

44A. Fishing at Lake Navarino (Waroona Dam) and Logue Brook Dam 56

Division 7A — Requirements relating to automatic location communicators

55A. Terms used in this Division 57

55AA. Approval of ALC’s and directions 58

55B. Automatic location communicator to be installed and serviced 58

55C. Master of fishing boat to ensure effective operation etc. of automatic location communicator59

55D. Interfering etc. with automatic location communicator or approved seal 60

Division 8 — Miscellaneous requirements

56. Documents to be carried on board 60

56A. Prohibition on fishing with hooks attached to rock lobster pot, float lines, moorings, anchors etc.61

57. Restrictions on fishing for snapper in Shark Bay region 61

59. Authorised trade names 62

60. Packaging and carrying of rock lobster 62

61. Labelling of packages of fish 62

62. Deposit of refuse or waste in certain waters prohibited 64

63. Persons not to have certain fishing gear 64

64. Certain records to be kept and returns submitted to the Department 65

Part 4A — Requirements regarding fishing gear

Division 1 — Preliminary

64A. Divisions 3 and 4 prevail over Division 2 69

64B. Term used in this Part 69

Division 2 — Statewide requirements regarding fishing gear

64C. Lines must be attended 69

64D. Determining the length, depth or mesh of nets 70

64DA. Use of hauling nets for recreational fishing in ocean waters Statewide 70

64E. Lines used for recreational fishing 71

64F. Persons authorised to use fishing nets 71

64G. Minimum distance between set fishing nets 73

64H. Fishing nets to be drawn so as to protect protected fish 73

64I. Priority rights for commercial net fishing 73

64J. Restrictions on the use of fishing nets 76

64K. Use of fishing nets in certain waters 76

64L. Nets used to fish for crabs 76

Division 3 — Requirements regarding fishing gear in the West Coast Region

64M. Term used in this Division 77

64N. Application 78

64NA. Prawn trawl nets in the West Coast Region 78

64O. Set nets in the West Coast Region 78

Division 3A — Requirements regarding fishing gear in the Pilbara and Kimberley Region

64OA. Application 79

64OB. Haul nets in the Pilbara and Kimberley Region 79

Division 3B — Requirements regarding fishing gear in the South Coast Region

64OC. Application 80

64OD. Set nets in the South Coast Region 80

64OE. Throw nets in the South Coast Region 81

Division 4 — Requirements regarding fishing gear in certain other areas

64P. Prawn trawl nets in the Swan River and the Leschenault Estuary 81

64Q. Requirements relating to unattended fishing nets in certain fisheries 82

64S. Restriction on possession of fishing gear in certain waters 83

64T. Landing net 85

Part 4B — Bag limits

Division 1 — Preliminary

64V. Bag limits for regions subject to more specific bag limits 86

64W. Defence in relation to offences under section 50(3) 86

64X. Bag limit for area applies to area where fish taken, landed or brought into WA waters 87

Division 2 — Bag limits for Regions

Subdivision 1 — Bag limits for the Gascoyne Region

64Y. Bag limits — Gascoyne Region 87

Subdivision 2 — Bag limits for the Pilbara and Kimberley Region

64Z. Bag limits — Pilbara and Kimberley Region 88

Subdivision 3 — Bag limits for the West Coast Region

64ZA. Bag limits — West Coast Region 88

Subdivision 4 — Bag limits for the South Coast Region

64ZAA. Bag limits — South Coast Region 89

Division 3 — Bag limits for certain other areas

Subdivision 1 — Bag limits for rock lobsters at Ningaloo

64ZCA. Bag limits for rock lobsters at Ningaloo 89

Subdivision 2 — Bag limits for the West Coast Purse Seine Managed Fishery

64ZE. Bag limits in relation to West Coast Purse Seine Managed Fishery 90

Subdivision 3 — Bag limit for barramundi in the Ord River area

64ZF. Terms used in this Subdivision 91

64ZG. Bag limit for barramundi in the Ord River area waters 92

Subdivision 4 — Bag limit for marron in marron trophy waters

64ZH. Bag limit for marron in marron trophy waters 92

Subdivision 5 — Bag limit for trout in Lake Navarino (Waroona Dam) and Logue Brook Dam

64ZI. Bag limit for trout in Lake Navarino (Waroona Dam) and Logue Brook Dam 93

Subdivision 6 — Bag limit for barramundi in the Broome area

64ZJ. Terms used in this Subdivision 93

64ZK. Bag limit for barramundi in Broome area waters 94

Part 5 — Fish processing

65. Section 82(2)(a) — prescribed class of fish 95

66. Conditions of fish processor’s licence 95

Part 6 — Aquaculture

67. Application for aquaculture lease 97

68. Exceptions prescribed under section 91 97

69. Conditions of aquaculture licence 98

Part 7 — Noxious fish

70. Noxious fish 101

Part 8 — Designated fishing zones

71. Notice given by fisheries officer 102

Part 9 — Abrolhos Islands reserve

Division 1 — Interpretation and application of Part

72. Terms used in this Part 103

73. Application 104

Division 2 — Jetties

74. Construction and modification of jetties and moorings 104

75. Unauthorised use of jetties and moorings 105

Division 3 — Buildings and facilities

76. CEO may waive requirements 105

77. Transfer of facilities 106

78. Camp may become unauthorised structure 107

79. Buildings — general 108

80. Buildings — minor changes 109

81. Buildings — major changes and new buildings 109

Division 4 — Power and maintenance

84. Water tank maintenance 111

85. Generators 111

86. Machinery noise 112

Division 5 — Unauthorised structures and termination of tenancy

87. Terms used in this Division 112

88. Notice by CEO 113

89. Service of notice 113

90. Non‑compliance with notice 114

91. Site of unauthorised structure to be cleared completely 115

Division 6 — Share arrangements and dispute procedure

92. Documentation of share arrangement 115

93. Dispute over use of shared buildings, facilities etc. 116

94. Duties of independent arbitrator 116

95. Determination to be referred to Minister 117

Division 7 — Disposal of waste

96. General prohibition of waste disposal 117

97. Food waste 117

98. Paper, plastic, cardboard, bait bags etc. 117

99. Non‑hazardous and non‑combustible waste 118

100. Hazardous waste including oil, fuel, filters, batteries etc. 118

101. Campsite waste 119

102. Sewage 119

103. Incinerators 119

Division 8 — Miscellaneous

104. Control of noise 120

105. Vehicles 121

106. No domestic pets allowed 122

107. Introduction of flora and fauna not allowed 122

108. Control of noxious or introduced plants, pests, vermin etc. 122

109. Behaviour of persons when in the reserve 123

110. Chlorine tarping 123

111. Off‑season notification 123

112. No weapons in the reserve 124

113. No open fires in the reserve 124

Part 9A — Fish Habitat Protection Areas

Division 1 — Cottesloe Reef Fish Habitat Protection Area

113A. Prohibited behaviour 125

Division 2 — Lancelin Island Lagoon Fish Habitat Protection Area

113B. Prohibited behaviour 126

Division 3 — Kalbarri Blue Holes Fish Habitat Protection Area

113C. Prohibited Behaviour 126

Part 10 — Register

114. Register 127

115. Other information to be included on register 127

116. Notation of security interest on register 128

Part 11 — Authorisations

Division 1 — Commercial fishing

117. Fishing boats 129

118. Grant of fishing boat licence 130

118A. Authority conferred by fishing boat licence of no effect if managed fishery licence authorises use of same boat131

119. Carrier boat licence 132

120. Grant of carrier boat licence 133

121. Commercial fishing licence 133

122. Grant of commercial fishing licence 134

Division 2 — Recreational fishing

123. Recreational fishing licence 134

124. Grant of recreational fishing licence 135

124A. Recreational fishing licence receipt may have effect as if it was a recreational fishing licence136

Division 3 — Specific fish or specific methods of fishing

125. Rock lobster pot licence 137

126. Grant of rock lobster pot licence 137

Division 4 — Aquatic eco‑tourism operators

128A. Aquatic eco‑tourism operator’s licence 138

128B. Grant of aquatic eco‑tourism operator’s licence 138

128D. Documents to be carried by master or person in charge of a boat, vehicle or aircraft 140

128E. Certain records to be kept and returns submitted to the Department 140

128G. Fishing on an aquatic eco‑tour 141

128H. Boat not to be used for both commercial fishing and an aquatic eco‑tour during a single trip142

Division 5 — Fishing tour operators

128I. Fishing tour operator’s licence 142

128J. Grant of fishing tour operator’s licence 143

128K. Duty of master to give notice of commercial fishing trip by a boat 144

128L. Documents to be carried by master or person in charge of a boat, vehicle or aircraft 145

128M. Participants in a fishing tour to be required to comply with written law applicable to recreational fishing145

128N. Participants in a fishing tour to be required to fish holding one line or one rod and line 146

128O. Prohibition on sale of fish taken on a fishing tour 146

128P. Boat not to be used for both commercial fishing and a fishing tour during a single trip 146

128Q. Participants in certain fishing tours not to fish from the boat other than by holding one line 147

128R. Person in charge of restricted fishing tour not to permit rod on boat 147

128S. Limit on fishing on a restricted fishing tour 147

Division 6 — General

129. Replacement for lost, damaged or destroyed authorisation 148

130. Conditions of licences 148

130A. Identification of boat used for aquatic eco‑tourism or a fishing tour 149

131. Transfers 149

132. Short term use of a boat other than the boat in respect of which a fishing boat licence is held151

133. Duration of licences 152

134. Renewal of licences 152

135. Application fees 152

136. Some people may pay only half the applicable fee 152

137. Fees for grant or renewal of authorisation 153

138. Temporary transfer of entitlements 154

139. CEO to be notified of change of name or address 154

Part 13 — Miscellaneous offences

144. Passage of fish not to be impeded etc. 156

145. Explosive or noxious substances 156

146. Persons in possession of explosive or noxious substance 156

Part 14 — Fisheries officers

147. Warrant under section 187 158

148. Disposing of seized fish 158

149. Proceeds of sale of fish under section 194(2) 158

150. Application for compensation under section 197(3) 158

Part 15 — Legal proceedings

151. Determination of characteristics of fish 160

152. Geocentric Datum of Australia 160

153. Notice given by CEO under section 219(1) 161

154. Disposing of any thing forfeited to the Crown 161

155. Proceeds of sale of forfeited things to be credited to certain funds 162

156. Additional penalty under section 222 162

157. Determining the value of fish 163

158. Prescribed offences under section 224(1)(a) 163

159. Prescribed offences under section 228(1) 164

160. Form of infringement notice 164

161. Form of notice of withdrawal of infringement notice 164

162. Modified penalties 164

Part 16 — Financial provisions

163. Times for special purpose audits 165

Part 17 — Miscellaneous

Division 1 — Guidelines

164. Publication of guidelines 166

165. Form of notice given by appointed person 166

Division 2 — Exclusive licences

166. Exclusive licences 166

167. Effect of exclusive licences 167

168. Form of exclusive licences 167

169. Renewal after expiry 167

170. Some draft exclusive licences to go before Parliament 167

171. Conditions of exclusive licences 168

172. Only authorised persons to fish in areas the subject of exclusive licences 168

Division 3 — Prohibition of activities that pollute waters

173. Form of notices that prohibit activities that pollute waters 169

174. Form of notices that vary or revoke a notice under regulation 173 169

Division 4 — General

176. Control of fish not endemic 169

177. Disease control 170

178. Taking of fish for scientific purposes 171

179. Taking or handling of fish for genetic or chemical extraction or analysis 172

180. Categories of fish 173

181. Reduction and waiver of fees and charges 173

Part 18 — Savings and transitional provisions

182. Limited entry fisheries under the repealed Act 174

183. Citation of notices 174

186. Certain notices under the repealed Act continued as orders under section 43 175

Schedule 1 — Fees

Part 1 — General fees

Part 2 — Application fees

Part 3 — Fees for the grant or renewal of authorisations

Schedule 2

Protected fish

Part 1 — Commercially protected fish

Part 2 — Totally protected fish

Division 1 — Certain reproducing crustaceans

Division 2 — Miscellaneous

Division 3 — Marine or fluvio‑marine fish

Subdivision 1 — Protected by reference to species, area and period

1. Pink Snapper 187

2. Baldchin Groper 187

3. Cobbler 188

Subdivision 2 — Protected by reference to species length or other factors

Division 4 — Freshwater fish

Division 5 — Crustaceans, other than those listed in Division 1

Division 6 — Molluscs

Schedule 3

Bag limits

Part 1 — Bag limits in the Gascoyne Region

Division 1 — Grouped bag limit of 7 fish

Division 2 — Grouped bag limit of 16 fish

Division 3 — Low risk finfish — grouped bag limit of 40 fish

Division 4 — Crustaceans

Division 5 — Molluscs

Part 2 — Bag limits in the Pilbara and Kimberley Region

Division 1 — Grouped bag limit of 7 fish

Division 2 — Grouped bag limit of 16 fish

Division 3 — Low risk finfish — grouped bag limit of 40 fish

Division 4 — Crustaceans

Division 5 — Molluscs

Division 6 — Miscellaneous

Part 3 — Bag limits in the West Coast Region

Division 1 — Grouped bag limit of 7 fish

Division 2 — Grouped bag limit of 16 fish

Division 3 — Low risk finfish — grouped bag limit of 40 fish

Division 4 — Crustaceans

Division 5 — Molluscs

Division 6 — Miscellaneous

Part 4 — Bag limits in the South Coast Region

Division 1 — Grouped bag limit of 7 fish

Division 2 — Grouped bag limit of 16 fish

Division 3 — Low risk finfish — grouped bag limit of 40 fish

Division 4 — Crustaceans

Division 5 — Molluscs

Division 6 — Miscellaneous

Part 5 — Bag limits for persons on West Coast Purse Seine Managed Fishery Boat

Schedule 4

Categories of fish

Schedule 5

Noxious fish

Schedule 6

Area of land prescribed under section 91(d) of the Act

Schedule 7

List of common and scientific names

Division 1 — Marine or fluvio‑marine fish

Division 2 — Freshwater fish

Division 3 — Crustaceans

Division 4 — Molluscs

Schedule 8

Determination of characteristics of fish

Part 1 — Length

Part 2 — Method of determining the volume of fish

Part 3 — Method of determining the length of fish trunks and fillets

Schedule 9

Determining the value of fish

Schedule 10

Non‑endemic species of fish permitted to be brought into the State

Part 1 — Species of fish endemic to areas of Australia outside the State

Part 2 — Species of fish not endemic to Australia

Schedule 11

Authorised trade names of fish

Schedule 12

Modified penalties

Schedule 13

Specifications for rock lobster pots

Part 1 — Waters north of 21˚ 44′ south latitude

1. Entrance or neck of pot 233

Part 2 — Waters between 21˚ 44′ south latitude and 34˚ 24′ south latitude (excluding some waters off the South Coast)

2. Entrance or neck of pot 233

3. Beehive pots 234

4. Batten pots 235

5. Plastic pots 238

6. Other pots 239

7. Specifications applicable to all pots 239

Part 3 — All other waters

8. Entrance or neck of pot 240

9. Beehive pots 240

10. Batten pots 241

11. Plastic pots 242

12. Other pots 243

13. Specifications applicable to all pots 243

Schedule 14

Forms

Schedule 15 — Tour management zones

1. Zone 1: Pilbara/Kimberley 260

2. Zone 2: Gascoyne 260

3. Zone 3: West Coast 260

4. Zone 4: South Coast 260

Schedule 16 — Abalone zones

1. Abalone Zone 1: Busselton Jetty to the Greenough River mouth 261

2. Abalone Zone 2: Greenough River mouth to Northern Territory border 261

3. Abalone Zone 3: Busselton Jetty to South Australian border262

Notes

Compilation table 263

Western Australia

Fish Resources Management Act 1994

Fish Resources Management Regulations 1995

Part 1 — Preliminary

1. Citation

These regulations may be cited as the Fish Resources Management Regulations 1995 1.

2. Commencement

These regulations come into operation on the day on which the Fish Resources Management Act 1994 comes into operation 1.

3. Terms used in these regulations

(1) In these regulations, unless the contrary intention appears —

“aircraft” includes a float plane and an air cushioned craft;

“bag limit” has the same meaning as in section 50 of the Act;

“carrier boat licence” means a licence referred to in regulation 119;

“commercial fishing licence” means a licence referred to in regulation 121;

“Cottesloe Reef waters” means the waters of the Cottesloe Reef as defined in the Cottesloe Reef Fish Habitat Protection Area Order 2001;

“disease” means any disease of fish;

“eastern gulf land area” means the land adjacent to the waters of the Shark Bay eastern gulf;

“fillet” means any part or piece of a finfish, other than a whole fish, fish trunk, head, tail, fin or a product of gilling or gutting the fish;

“finfish” means fish of the Class Elasmobranchii (Chondrichthyes) or Osteichthyes;

“fish processor’s licence” means a licence granted under section 83 of the Act;

“fish trunk” means —

(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;

(b) a low risk finfish that would be a whole fish except that all, or any part of, its head, tail or scales has been removed; or

(i) all of its head;

(ii) all of its tail; and

(iii) one or more of its fins,

has been removed;

“fishing boat licence” means a licence referred to in regulation 117;

“fishing net” means any fishing net other than —

(a) a hand scoop or hand dip net;

(b) a prawn hand trawl net; or

“form” followed by a number means the form of that number in Schedule 14;

“Freycinet Estuary” means the waters of Shark Bay western gulf south of 26° 13′ south latitude, excluding the waters of Useless Inlet and Blind Inlet;

“Gascoyne Region” means —

(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;

“gear identification number” of a person means —

(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 124A(4) on a receipt, within the meaning of that regulation, for an application for a recreational fishing licence issued to the person;

(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 (ie. A 29/3/59);

“jet ski” means a jet ski or any other any vessel designed for the transport of one, 2 or 3 persons that —

(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;

“Kalbarri Blue Holes waters” means the waters of the Kalbarri Blue Holes as defined in the Kalbarri Blue Holes Fish Habitat Protection Area Order 2007;

“Lancelin Island Lagoon” means the waters of the Lancelin Island Lagoon as defined by the Lancelin Island Lagoon Fish Habitat Protection Area Order 2001;

“lawful overnight stay on an island” means staying on an island —

(a) for a period of at least 5 hours which includes midnight; and

(b) without contravening any relevant written law about —

(i) accommodation on the island; or

(ii) staying overnight on the island;

“licensed carrier boat” means a boat in respect of which a carrier boat licence is held;

“licensed carrier boat number” in respect of a licensed carrier boat means the number allocated under regulation 120(3) in respect of the boat;

“licensed fishing boat” means a boat in respect of which a fishing boat licence is held;

“licensed fishing boat number” in respect of a licensed fishing boat means the letter and number allocated under regulation 118(3) in respect of the boat;

“low risk finfish” has the same meaning as in regulation 16(1);

“marron drop net” has the same meaning as in regulation 38G;

“marron pole snare” has the same meaning as in regulation 38G;

“marron scoop net” has the same meaning as in regulation 38G;

“marron trophy waters” means the waters of —

(a) Harvey Weir; and

(b) Lake Navarino (Waroona Dam) and its tributaries; and

“metropolitan waters” means all WA waters between 31° 29.580′ south latitude (northern wall of the Two Rocks Marina) and 32° 41.453′ south latitude (Cape Bouvard);

“mollusc” does not include pearl oyster;

“motor boat” means a vessel propelled otherwise than by oars or sail and includes a personal watercraft within the meaning of the Navigable Waters Regulations 1958;

“Ningaloo Marine Park” means all waters reserved under section 13 of the Conservation and Land Management Act 1984 as Class “A” Marine Park Reserve No. 2, Ningaloo Marine Park;

“one day” means a period of 24 hours commencing at midnight, other than in relation to fishing for marron or prawns or fishing by means of a fishing net, where it means a period of 24 hours commencing at midday;

“Pilbara and Kimberley Region” means —

(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;

“prawn hand trawl net” means a net —

(a) of not more than 4 metres in length; and

(b) with a mesh of not less than 16 millimetres;

“principal place of residence” in respect of a person, does not include —

(a) a tent, vehicle or boat;

(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;

(d) premises where fish are sold or purchased;

“pull” in relation to a rock lobster pot, means to bring the pot from the seabed to the surface of the sea;

“recreational fishing licence” means a licence referred to in regulation 123;

“region” means any of the following areas of the State —

(a) the Gascoyne Region;

(b) the Pilbara and Kimberley Region;

(d) the West Coast Region;

“rock lobster pot” means any fishing gear, other than a hand held instrument, that is capable of being used to fish for rock lobster;

“rock lobster pot licence” means a licence referred to in regulation 125;

“rock lobster tail” means the whole or part of the abdomen of a rock lobster at any time after that abdomen or part of that abdomen has been severed from the carapace;

“set” in respect of a net or any other fishing gear, means to fix the net or fishing gear in place so that it remains stationary;

“single-sided fillet” means a fillet that is taken from one side only of a fish;

“South Coast Region” means —

(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;

“special risk finfish” has the same meaning as in regulation 14(1);

“sunrise” and “sunset” mean the times provided by the Perth Astronomical Observatory for sunrise and sunset on the relevant day;

“waters of Shark Bay” means the waters of Shark Bay lying south of a line drawn from Cape Inscription on Dirk Hartog Island due east to the mainland;

“waters of the Shark Bay eastern gulf” means the waters of Shark Bay south and east of a line commencing at the high water mark of the northernmost point of Cape Peron, from there due north to the intersection with a line drawn due east from the high water mark of the southernmost point of Cape St Cricq, and from there due east to the mainland, but not including the waters of Denham Sound nor the Freycinet Estuary;

“waters of the Shark Bay western gulf” means the waters of Shark Bay (including the waters of Denham Sound and Freycinet Estuary) bounded by a line commencing at the high water mark at the intersection of 25° 35.125′ south latitude and 113° 01.227′ east longitude (Withnell Point); thence extending east along the parallel to the intersection with 113° 15′ east longitude; thence north along the meridian to the intersection of 25° 30.200′ south latitude; thence east along the parallel to the high water mark of Cape Peron at the intersection of 25° 30.200′ south latitude and 113° 30.600′ east longitude; thence generally in a southerly direction along the high water mark on the western side of Peron Peninsula; thence continuing westerly then northerly along the high water mark on the eastern side of Edel Land Peninsula; thence following the high water mark around Heirisson Prong and Bellefin Prong to the intersection of the high water mark and 113° 12.9¢ east longitude; thence along the geodesic to the intersection of 113° 12.9¢ east longitude and the high water mark (southern end) of Dirk Hartog Island; thence generally northerly along the high water mark on the eastern side of Dirk Hartog Island to the commencement point;

“West Coast Region” means —

(a) all land in the State; and

(b) all WA waters,

that are south of 27° 00′ south latitude, excluding the South Coast Region;

“western gulf land area” means the land adjacent to the waters of the Shark Bay western gulf;

“whole fish” means a finfish that is —

(a) entire; or

(b) entire 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.

[Regulation 3 amended in Gazette 29 Jun 2001 p. 3163; 28 Feb 2003 p. 660-1; 7 Mar 2003 p. 743-4; 1 Oct 2003 p. 4281-4; 28 Nov 2003 p. 4775; 23 Dec 2003 p. 5204‑5; 6 Apr 2004 p. 1132; 3 Jun 2005 p. 2490; 4 Nov 2005 p. 5300‑1; 29 Dec 2006 p. 5889; 4 Sep 2007 p. 4519; 21 Dec 2007 p. 6326.]

[3A. Repealed in Gazette 4 Nov 2005 p. 5301.]

4. Peak industry body

The Western Australian Fishing Industry Council (Inc.) is the body prescribed for the purposes of the definition of “peak industry body” in section 4(1) of the Act.

5. Process — prescribed class

Rock lobster and marron are fish of a prescribed class for the purpose of the definition of “process” in section 4(1) of the Act.

6. Exemptions

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.

7. Return of exemption

(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.

[Regulation 7 amended in Gazette 6 Jul 2007 p. 3389.]

Part 2 — Administration

8. Use and custody of common seal

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.

[Regulation 8 amended in Gazette 6 Jul 2007 p. 3389.]

Part 3 — Advisory committees

9. Procedure for certain persons to be appointed by Minister

The prescribed procedure in respect of the appointment of persons by the Minister for the purposes of sections 29(2)(c), 33(2)(b) and 37(2)(b) of the Act is that the Minister is to —

(a) arrange for there to be published in a newspaper circulating daily in the State a notice to the effect that a person is, or persons are, required under the relevant section of the Act and that interested persons may, within the time specified in the notice, apply to the Minister with details of relevant qualifications and experience for appointment under the relevant section of the Act;

(b) after the expiry of the time specified in the notice, consider all of the applications and the qualifications and experience of each applicant and of such other persons as the Minister thinks fit; and

Part 4 — General regulation of fishing

Division 1 — Protected fish

10. Protected fish — sections 46 and 47

For the purposes of the Act, the classes of fish listed —

(a) in Part 1 of Schedule 2 are commercially protected fish; and

(b) in Part 2 of Schedule 2 are totally protected fish.

[Regulation 10 amended in Gazette 14 Nov 2001 p. 5977‑8; 1 Oct 2003 p. 4285.]

11. Defences for offences against s. 46 or 47

(1) For the purposes of section 48(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(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(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(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 shark, has an interdorsal fin length 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 —

(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) In subregulation (4)(b) —

“interdorsal fin length” means the distance between the first and second dorsal fins measured —

(a) from —

(i) the first dorsal fin origin; or

(ii) if all or part of that fin has been removed so that point of origin cannot be ascertained, the anterior end of the cut made to remove the fin or that part of the fin;

(b) to —

(i) the second dorsal fin insertion; or

(ii) if all or part of that fin has been removed so that point of insertion cannot be ascertained, the posterior end of the cut made to remove the fin or that part of the fin.

[Regulation 11 inserted in Gazette 10 Nov 2006 p. 4704‑5.]

12. Totally protected rock lobsters and crabs to be released to the sea

(1) Any person who takes from the sea any totally protected fish that is a rock lobster 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.

(2) The master of a boat must ensure that any totally protected fish that is a rock lobster 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.

(3) Any person, other than the holder of a commercial fishing licence, who takes any totally protected fish that is a crab must —

(a) ensure that the crab is released to the waters from which it was taken within 5 minutes of being taken; and

(b) not pull any drop net before the crab is released to the waters from which it was taken.

Penalty: In the case of an individual, $3 000 or, in the case of a body corporate, $6 000.

13. Possession of mutilated protected fish

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.

Division 2 — Requirements regarding fish trunks and fillets

[Heading inserted in Gazette 4 Nov 2005 p. 5301.]

14. Special risk finfish to be landed as whole fish in certain areas

(1) In this regulation —

“special risk finfish” means a finfish referred to in column 1 of the Table to this subregulation if it is brought onto land as specified in column 2 of that Table opposite the fish.

Special risk finfish

finfish	brought onto land
barramundi	brought onto land in the Ord River area, as defined in regulation 64ZF
barramundi	brought onto land from the waters of King Sound south of 17° 27¢ south latitude, including all waters of the Fitzroy River and its tributaries
black bream	brought onto land from the waters of the Swan River or Canning River
estuary cod	brought onto land anywhere in the State
malabar cod	brought onto land anywhere in the State
pink snapper	brought onto land in the West Coast Region from waters south of 31° 29.580¢ south latitude and north of 32° 41.453¢ south latitude
Queensland groper	brought onto land anywhere in the State
tailor	brought onto land in the West Coast Region

(2) A person must not bring onto land a finfish that is a special risk finfish when brought onto that land unless it is a whole fish.

Penalty: $3 000 and the penalty provided in section 222 of the Act.

(3) Subregulation (2) does not apply to, or in respect of —

(a) finfish taken for a commercial purpose in accordance with an authorisation; or

(b) finfish if it —

(i) was brought by the person onto the mainland following a lawful overnight stay on an island by the person; and

(ii) had been brought onto the island, and kept there while the person stayed there overnight.

[Regulation 14 inserted in Gazette 4 Nov 2005 p. 5301‑2.]

15. High risk finfish to be landed as whole fish, fish trunks or fillets of a certain description

(1) In this regulation —

“high risk finfish” means all finfish other than —

(a) low risk finfish; and

(b) special risk finfish.

(2) Subject to regulation 16A, a person must not bring onto land a finfish that is a high risk finfish when brought onto land unless it is —

(a) a whole fish; or

(b) a fish trunk or fillet that —

(i) has the skin and scales attached;

(ii) is at least 300 mm in length;

(iii) is packaged flat;

(iv) is packaged so that it is easily accessible for measurement and identification; and

(v) where the fish is frozen, can be measured and identified without being thawed.

Penalty: $3 000 and the penalty provided in section 222 of the Act.

(3) Subregulation (2) does not apply to, or in respect of —

(a) finfish taken for a commercial purpose in accordance with an authorisation; or

(b) finfish if it —

(i) was brought by the person onto the mainland following a lawful overnight stay on an island by the person; and

(ii) had been brought onto the island, and kept there while the person stayed there overnight.

[Regulation 15 inserted in Gazette 4 Nov 2005 p. 5303.]

16. Low risk finfish to be landed as whole fish, fish trunks or fillets with the skin attached

(1) In this regulation —

“low risk finfish” means a finfish of a class specified in Schedule 3 —

(a) Part 1 Division 3 if it is brought onto land in the Gascoyne Region;

(b) Part 2 Division 3 if it is brought onto land in the Pilbara and Kimberley Region;

(d) Part 4 Division 3 if it is brought onto land in the South Coast Region.

(2) Subject to regulation 16A, a person must not bring onto land a finfish that is a low risk finfish in the region where it is brought onto land unless it is —

(a) a whole fish; or

(b) a fish trunk or fillet that has the skin attached.

Penalty: $1 000 and the penalty provided in section 222 of the Act.

(3) Subregulation (2) does not apply to, or in respect of —

(a) finfish taken for a commercial purpose in accordance with an authorisation; or

(b) finfish if it —

(i) was brought by the person onto the mainland following a lawful overnight stay on an island by the person; and

(ii) had been brought onto the island, and kept there while the person stayed there overnight.

[Regulation 16 inserted in Gazette 4 Nov 2005 p. 5303‑4; amended in Gazette 22 Dec 2005 p. 6217-18.]

16A. Finfish at Shark Bay

(1) Subject to subregulations (2) and (3) —

(a) a person on a boat in the waters of the Shark Bay eastern gulf or the waters of the Shark Bay western gulf must not be in possession of a finfish unless it is a whole fish;

(b) a person must not bring onto the eastern gulf land area or the western gulf land area, a finfish unless it is a whole fish; and

(c) the master of a boat in the waters of the Shark Bay eastern gulf or the waters of the Shark Bay western gulf must ensure that there is not any finfish on the boat unless it is a whole fish.

Penalty: $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) mackerel or tuna of the Family Scombridae that is a fish trunk or fillet that —

(i) has the skin and scales attached;

(ii) is at least 300 mm in length;

(iii) is packaged flat;

(iv) is packaged so that it is easily accessible for measurement and identification; and

(v) where the fish is frozen, can be measured and identified without being thawed,

and if the fish is filleted, each fillet —

(vi) is taken from one side only of the fish; and

(vii) has the skin and pectoral fin intact and attached to the fillet.

(3) Subregulation (1)(a) and (c) do not apply to, or in respect of, a finfish, other than pink snapper, if the fish is —

(a) being consumed on the boat; or

(b) prepared, or being prepared, for the purpose of immediate consumption on the boat.

(4) This regulation applies despite anything to the contrary in, or any inconsistent provision of, regulation 15 or 16.

[Regulation 16A inserted in Gazette 4 Nov 2005 p. 5304‑5.]

16B. Sharks and rays — finning and filleting by commercial fishers

(1) A master of a fishing boat must not have on the boat any shark or ray other than a whole shark or ray.

Penalty: $10 000 and the penalty provided in section 222 of the Act.

(2) Subregulation (1) does not prevent the master of a fishing boat from having on the boat a shark or ray that is not a whole shark or ray if —

(a) all of the parts of the shark or ray (other than disposable parts) are on the boat together; and

(b) either —

(i) the only parts (other than disposable parts) that have been removed from the shark or ray are one or more of the fins; or

(ii) both —

(I) the boat is north of 26° south latitude; and

(II) the fish is not a dusky shark.

(3) A person must not bring onto land any shark or ray taken for a commercial purpose in accordance with an authorisation other than a whole shark or ray.

Penalty: $10 000 and the penalty provided in section 222 of the Act.

(4) Subregulation (3) does not prevent a person bringing onto land a shark or ray that is not a whole shark or ray if —

(a) all of the parts of the shark or ray (other than the disposable parts) are brought onto land together; and

(b) either —

(i) the only parts (other than disposable parts) that have been removed from the shark or ray are one or more of the fins; or

(ii) both —

(I) the place where the fish is brought onto land is north of 26° south latitude; and

(II) the fish is not a dusky shark.

(5) In this regulation —

“disposable part” means any of the following —

(a) the head;

(b) the tail;

“whole shark or ray” means a shark or ray that is —

(a) entire; or

(b) entire except that any or all of the disposable parts have been removed.

[Regulation 16B inserted in Gazette 10 Nov 2006 p. 4705‑6.]

Division 3 — Possession limits

[Heading inserted in Gazette 1 Oct 2003 p. 4289.]

Subdivision 1A — Preliminary

[Heading inserted in Gazette 4 Nov 2005 p. 5306.]

16C. Finfish excludes bait fish in this Division

In this Division —

“finfish” does not include fish of the Family Atherinidae, Clupeidae, Engraulidae, Hemirhamphidae or Mugilidae.

[Regulation 16C inserted in Gazette 4 Nov 2005 p. 5306; amended in Gazette 22 Dec 2005 p. 6218.]

16CA. Where possession limit is referred to in terms of bag limit

(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.

[Regulation 16CA inserted in Gazette 4 Nov 2005 p. 5306.]

Subdivision 1 — Possession limits Statewide

[Heading inserted in Gazette 1 Oct 2003 p. 4289.]

16D. Possession limits generally for finfish — recreational fishing

(1) For the purposes of section 51(1) of the Act, the maximum quantity of finfish that a person may be in possession of, other than at the person’s principal place of residence is —

(a) 20 kg of fillets of fish;

(b) 10 kg of fillets of fish and one day’s bag limit of whole fish or fish trunks; or

(2) This regulation is subject to regulations 16E(2) and (3), 16G, 16H, 16I, 16J, 16K and 16M.

[Regulation 16D inserted in Gazette 1 Oct 2003 p. 4289-90; amended in Gazette 4 Nov 2005 p. 5306.]

16E. Possession limits — on a boat

(1) In this regulation —

“day trip” means a voyage undertaken by a person on a boat, except a voyage which —

(a) has taken place over more than one day; or

(b) follows a lawful overnight stay on an island by the person and ends on the mainland;

“single‑sided fillet” means a fillet that is taken from one side only of a fish.

(2) For the purposes of section 51(1) of the Act, the maximum quantity of finfish that a person on a boat may be in possession of where the person is on, or has just completed, a day trip is —

(a) where all of the fish is filleted, 20 kg of fillets of fish; or

(b) where not all of the fish is filleted, one day’s bag limit of whole fish or fish trunk, not more than 10 kg of which is filleted.

(3) For the purposes of section 51(1) of the Act, the maximum quantity of finfish that the master of a boat may be in possession of on the boat where the master is on or has just completed, a day trip, is —

(a) where all of the fish is filleted, 20 kg of fillets of fish; 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.

(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 on that boat where it is being used by 2 or more persons for taking fish is —

(a) twice the bag limit of blue manna crabs;

(aa) twice the bag limit of brown mud and green mud crabs;

(b) twice the bag limit of cuttlefish, octopus and squid;

(d) twice the bag limit of brownlip and greenlip abalone.

(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 that boat where it is being used by 2 or more persons for taking fish is —

(a) twice the bag limit of blue manna crabs;

(aa) twice the bag limit of brown mud and green mud crabs;

(b) twice the bag limit of cuttlefish, octopus and squid;

(d) twice the bag limit of brownlip and greenlip abalone.

(3c) Despite subregulations (3a) and (3b), the master of a boat, other than a fishing boat, that is being used by 2 or more persons for taking fish must ensure that there is not more than —

(a) twice the bag limit of blue manna crabs;

(aa) twice the bag limit of brown mud and green mud crabs;

(b) twice the bag limit of cuttlefish, octopus and squid;

(d) twice the bag limit of brownlip and greenlip abalone,

on, or attached to, the boat at any one time.

Penalty: $10 000 and the penalty provided in section 222 of the Act.

(3d) Subregulations (3a)(aa), (3b)(aa) and (3c)(aa) are subject to regulation 17A.

(4) In any proceedings for an offence under section 51(2) of the Act in the circumstances referred to in subregulations (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 purpose of —

(a) subregulations (3) and (3b), fish on a boat that are not in the possession of any other person on the boat are to be 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 subregulation (2)(b) or (3)(b) 2 single‑sided fillets of finfish are to be taken to be equivalent to one whole fish.

[Regulation 16E inserted in Gazette 1 Oct 2003 p. 4290; amended in Gazette 4 Nov 2005 p. 5306‑8; 11 Nov 2005 p. 5565-6; 22 Dec 2005 p. 6218-19.]

Subdivision 2 — Possession limits for Regions

[Heading inserted in Gazette 1 Oct 2003 p. 4291.]

16F. Possession limits — rock lobster in the Pilbara and Kimberley Region

For the purposes of section 51(1) of the Act, the maximum quantity of rock lobster that a person may be in possession of in the Pilbara and Kimberley Region, other than at the person’s principal place of residence, is twice the bag limit of rock lobsters.

[Regulation 16F inserted in Gazette 22 Dec 2005 p. 6219.]

Subdivision 3 — Possession limits — pink snapper at Shark Bay

[Heading inserted in Gazette 1 Oct 2003 p. 4291.]

16G. Terms used in this Subdivision

In this Subdivision —

“fishing year” means calendar year excluding the period beginning on 15 August and ending on 30 September in that year;

“Freycinet Estuary area” means —

(a) the waters of the Freycinet Estuary; and

(b) land that is within 50 metres of the high water mark of the Freycinet Estuary.

[Regulation 16G inserted in Gazette 1 Oct 2003 p. 4291-2; amended in Gazette 6 Apr 2004 p. 1133.]

16H. Possession of pink snapper in Freycinet Estuary area

(1) A person in or on the Freycinet Estuary must not have any pink snapper in his or her possession.

(2) It is a defence in proceedings against a person under section 51(2) of the Act in respect of the possession of a pink snapper in or on the Freycinet Estuary area that the person had possession of not more than one pink snapper and that the pink snapper —

(a) was at least 500 mm and not more than 700 mm in length; and

(b) had a current tag issued to the person under regulation 16I and marked with the date on which the pink snapper was taken attached to it in accordance with subregulation (3).

(3) For the purposes of subregulation (2)(b) a tag must be attached to a pink snapper by passing the tag through the unsevered bottom jaw of the pink snapper and securing the tag through the tag’s locking device in such a manner that the tag is locked and intact and cannot be reused.

[Regulation 16H inserted in Gazette 1 Oct 2003 p. 4292; amended in Gazette 4 Nov 2005 p. 5308.]

16I. Tags authorising the possession of pink snapper in the Freycinet Estuary area

(1) A person may apply to the CEO for the issue of up to 2 tags authorising the person to possess one pink snapper per tag in the Freycinet Estuary area.

(2) An application may be made by electronic or written application in the manner, and during the period, approved by the CEO.

(3) An application is to be made in the form approved by the CEO.

[(4), (5) repealed]

(6) If —

(a) a person makes a written or electronic application during the period approved under subregulation (2);

(b) that person has not made any other written or electronic application under subregulation (1) during that period;

(d) the CEO determines by ballot conducted in a manner approved by the CEO that the person is eligible to be issued with a tag; and

(e) the fee set out in Schedule 1 Part 3 item 7 is paid,

the CEO may issue a tag to the person.

(7) When a tag is issued to a person the CEO is to record the name of the person on the tag.

(8) A tag is current for the fishing year in which it is issued.

[Regulation 16I inserted in Gazette 1 Oct 2003 p. 4293-4; amended in Gazette 6 Apr 2004 p. 1133; 7 Mar 2006 p. 975; 6 Jul 2007 p. 3389.]

16J. Form of a tag

A tag issued under regulation 16I —

(a) is to be in a form approved by the CEO;

(b) is to specify —

(i) the fishing year for which the tag is current; and

(ii) a distinguishing letter and number (tag serial number) allocated in respect of the tag.

[Regulation 16J inserted in Gazette 1 Oct 2003 p. 4294; amended in Gazette 6 Jul 2007 p. 3389.]

Subdivision 4 — Possession limits in certain other areas

[Heading inserted in Gazette 1 Oct 2003 p. 4295.]

16K. Possession limits — principal place of residence at Exmouth townsite or Ningaloo Marine Park Land Zone

(1) For the purposes of section 51(1) of the Act, the maximum quantity of finfish that a person who has his or her principal place of residence in —

(a) the Exmouth townsite; or

(b) the Ningaloo Marine Park Land Zone,

may have at that place of residence is —

(d) 10 kg of fillets of fish and one day’s bag limit of whole fish or fish trunks; or

(e) 2 days’ bag limit of whole fish or fish trunks.

(2) In this regulation —

“Exmouth townsite” means the area of land described in the notice under section 10 of the Land Act 1933 2 published in the Gazette of 18 October 1968, p. 3116‑17, as amended by notices in the Gazette of 24 December 1971, p. 5384, 26 August 1977, p. 2984, 11 May 1979, p. 1227, and 15 February 1991, p. 691;

“Ningaloo Marine Park Land Zone” means all land —

(a) between 24° 01.8636′ south latitude (Red Bluff) and 21° 52.9218′ south latitude and west of the North West Coastal Highway, Learmonth-Minilya and Murat Roads but excluding Exmouth townsite; and

(b) on North West Cape, north of 21° 52.9218′ south latitude.

[Regulation 16K inserted in Gazette 1 Oct 2003 p. 4295; amended in Gazette 4 Nov 2005 p. 5308‑9.]

16L. Possession limits — rock lobster at Ningaloo and Exmouth townsite

For the purposes of section 51(1) of the Act, the maximum quantity of rock lobster that a person may be in possession of —

(a) in the Ningaloo Marine Park;

(b) in the Ningaloo Marine Park Land Zone, as referred to in regulation 16K(2); or

is 8 rock lobsters.

[Regulation 16L inserted in Gazette 1 Oct 2003 p. 4296.]

16M. Possession limit — barramundi

(1) For the purposes of section 51(1) of the Act, the maximum quantity of barramundi that a person may be in possession of, other than at the person’s principal place of residence —

(a) in the Ord River area is one barramundi; and

(b) other than in the Ord River area is 2 barramundi.

(2) For the purpose of determining the number of barramundi in a person’s possession 2 single‑sided fillets of barramundi are to be taken to be equivalent to one whole barramundi.

(3) In this regulation —

“Ord River area” has the same meaning as in regulation 64ZF;

“single‑sided fillet” means a fillet that is taken from one side only of a barramundi.

[Regulation 16M inserted in Gazette 4 Nov 2005 p. 5309.]

16N. Possession limit — marron

(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 20 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

(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.

[Regulation 16N inserted in Gazette 29 Dec 2006 p. 5889‑90.]

[16NA. Repealed in Gazette 29 Dec 2006 p. 5889.]

17. Possession limit — abalone

(1) 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.

(1a) 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.

(2) In this regulation —

“prescribed abalone” means brownlip abalone, greenlip abalone or any combination of those 2 species of abalone.

[Regulation 17 amended in Gazette 1 Oct 2003 p. 4297.]

17A. Possession limit — brown mud and green mud crabs at King Sound

(1) For the purposes of section 51(1) of the Act the maximum quantity of brown mud or green mud crabs that —

(a) a person on a boat in the King Sound may be in possession of on that boat where it is being used by 2 or more persons for taking fish; or

(b) the master of a boat in the King Sound may be in possession of on that boat where it is being used by 2 or more persons for taking fish,

is 4 days’ bag limit of those crabs.

(2) In any proceedings for an offence under section 51(2) of the Act in the circumstances referred to in subregulation (1) 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.

(3) Despite subregulation (1) the master of a boat in the King Sound, other than a fishing boat, that is being used by 2 or more persons for taking fish must ensure that there is not more than 4 days’ bag limit of brown mud or green mud crabs on, or attached to, the boat at any one time.

Penalty: $5 000 and the penalty provided in section 222 of the Act.

(4) In this regulation —

“King Sound” means the waters of King Sound and the Fitzroy River and their tributaries, south of 17° 27′ south latitude.

[Regulation 17A inserted in Gazette 22 Dec 2005 p. 6220-1.]

18. Possession limit — commercial fishing

(1) The maximum quantity of fish of a type specified in an item of the Table to this regulation that a master of a fishing boat may be in possession of on that boat is as set out opposite that item in column 2 of that Table.

(2) For the purposes of subregulation (1), the master of the fishing boat on which the fish are held or transported is to be taken to be in possession of the fish.

(3) 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) where all the fish held or transported on the fishing boat were taken solely for a non‑commercial purpose.

(3a) The master of a fishing boat must not be in possession of more fish on that boat than is specified in accordance with this regulation.

Penalty: In the case of an individual, $5 000 or, in the case of a body corporate, $10 000.

Table

1.	Billfish (marlins, sailfish and spearfish) and swordfish	0
	Tuna, southern bluefin and northern bluefin
2.	Tuna, yellowfin and bigeye	2
3.	Mackerel, jack, Peruvian jack, yellowtail jack and blue	10
	Tuna, albacore, longtail and skipjack
	Redbait
	Fish of the Family Bramidae when taken in WA waters outside the 200 metre isobath

[Regulation 18 amended in Gazette 12 Sep 1997 p. 5152; 1 Oct 2003 p. 4297 and 4344.]

[19. Repealed in Gazette 1 Oct 2003 p. 4297.]

20. Defence in relation to offences under section 51(2)

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.

[Regulation 20 amended in Gazette 30 Aug 1996 p. 4319; 4 Jul 1997 p. 3475; 30 Sep 1997 p. 5417; 1 Oct 2003 p. 4297‑8; 4 Nov 2005 p. 5309.]

21. Presumptions regarding possession

(1) In any proceedings for an offence against section 51 of the Act, in the absence of proof to the contrary —

(a) subject to subregulation (2), 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) In any proceedings for an offence against section 51 of the Act, a person who provides payment to a courier business in consideration for the transportation of fish, is to be taken to be in possession of the fish until the fish are actually in the possession of the person to whom the fish are being transported.

(3) In this regulation —

“courier business” means a business that —

(a) has an established place of business; and

(b) carries on the business of transporting freight.

[Regulation 21 inserted in Gazette 1 Oct 2003 p. 4298-9.]

Division 4 — Labelling of fish

[Heading inserted in Gazette 1 Oct 2003 p. 4299.]

22. Labelling of fish

(1) A person who packages or stores fish —

(a) other than at the person’s principal place of residence; or

(b) at the person’s principal place of residence if that place is in —

(i) the Exmouth townsite, as referred to in regulation 16K(2); or

(ii) Ningaloo Marine Park Land Zone, as referred to in regulation 16K(2),

must ensure that a label, as described in subregulation (2), is securely attached to each package containing fish and to each fish that is stored other than in a package.

Penalty: $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 millimetres in length and 25 millimetres in width;

(b) have legibly written on it the full name of the owner of the fish or package to which the label is attached; and

(3) Subregulation (1) does not apply to, and in respect of —

(a) fish taken for a commercial purpose by a person in accordance with an authorisation;

(b) fish kept, bred, hatched or cultured by the person in accordance with an aquaculture licence;

(d) fish —

(i) in the possession and under the direct physical control of the person who took the fish; and

(ii) packaged or stored together only with fish taken by the same person;

(e) fish taken by a person on, or who has just completed, a day trip; or

(f) fish taken by a person and packaged or stored with fish not taken by the person, if —

(i) the quantity of fish packaged or stored together does not exceed the total of the maximum quantity of fish that one person may be in possession of in accordance with regulation 16D; and

(ii) no other fish are packaged or stored by the person.

(4) For the purposes of subregulation (1), a person using or having control of —

(a) a vehicle in which fish is present; or

(b) a refrigerator, freezer, icebox, or other storage container in which fish is present,

is, in the absence of proof to the contrary, to be taken to have packaged or stored the fish.

(5) In this regulation —

“day trip” has the same meaning as in regulation 16E;

“package” means any type of wrapping, package, or container;

“store”, in relation to fish, includes the act of placing in a refrigerator, freezer, icebox, or other storage container.

[Regulation 22 inserted in Gazette 1 Oct 2003 p. 4299-300; amended in Gazette 4 Nov 2005 p. 5309-10; 22 Dec 2005 p. 6221.]

[Division 3: Former heading and r. 23-29 repealed in Gazette 1 Oct 2003 p. 4299.]

[Division 3A: Heading and r. 29A-29C repealed in Gazette 1 Oct 2003 p. 4299.]

[Division 4: Former heading and r. 30 repealed in Gazette 1 Oct 2003 p. 4299.]

[Division 4A: Heading and r. 30A, 30B repealed in Gazette 1 Oct 2003 p. 4299.]

[Division 4B: Heading and r. 30BA, 30C, 30E-30EC repealed in Gazette 1 Oct 2003 p. 4299; r. 30D repealed in Gazette 28 Feb 2003 p. 661.]

[Division 4C-4F: Headings and r. 30F-30M repealed in Gazette 1 Oct 2003 p. 4299.]

Division 5 — Requirements regarding rock lobsters

31. Fishing for rock lobster

(1) A person, other than the holder of a commercial fishing licence, 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 by the holder of the licence personally.

(2) A person, other than the holder of a commercial fishing licence, who takes and keeps any rock lobster must tail clip or tail punch the rock lobster —

(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 no boat is used in connection with the taking of the rock lobster, within 5 minutes of bringing the rock lobster onto land.

(3) In this regulation —

“tail clip” means the removal of the bottom half of the central segment (telson) of the tail fan of a rock lobster by horizontal cut, so that only the upper portion of the telson remains attached to the last (6th) segment of the rock lobster tail;

“tail punch” means the punching of a circular hole of no less than 10 millimetres in diameter in the central segment of the tail fan (telson) of a rock lobster by any means.

Penalty: $5 000 and the penalty provided in section 222 of the Act.

[Regulation 31 amended in Gazette 4 Nov 2005 p. 5310.]

31A. Certain bait not to be used, or carried on a boat, to fish for rock lobster

(1) A person must not fish for rock lobster using as bait —

(a) any bovine material other than gelatine or tallow;

(b) any skin or hide;

(d) any lobster material.

Penalty: $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 —

(a) any bovine material other than gelatine or tallow;

(b) any skin or hide;

(d) any lobster material,

for use as bait.

Penalty: $10 000.

(3) Subregulations (1)(b) and (2)(b) do not apply to the skin of any fish other than rock lobster.

(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.

[Regulation 31A inserted in Gazette 29 Nov 2002 p. 5654-5.]

32. Identification of rock lobster pots by floats

(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 millimetres if the float is spherical and, in any other case, has a length of not less than 200 millimetres and a width of not less than 100 millimetres; and

(b) is marked by branding or stamping with legible characters not less than 60 millimetres high and not less than 10 millimetres wide showing —

(i) in the case of a pot used by a person who is the holder of a commercial fishing licence, the licensed fishing boat number of the boat that is used to set or pull the pot; or

(ii) in the case of a pot used by a person who is not the holder of a commercial fishing licence, the gear identification number of that person setting or pulling the pot;

and

Penalty: $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).

33. Fishing for rock lobster in the waters surrounding Rottnest Island

A person who is the holder of a commercial fishing licence must not fish for rock lobsters —

(a) at any time in either of the areas described in Table 1 and Table 2 to this regulation; or

(b) during the period commencing on 16 January and ending on 14 November in any year, in the area described in Table 3 to this regulation.

Penalty: $5 000 and the penalty provided in section 222 of the Act.

Table 1

All that portion of the Indian Ocean within 1600 metres of the high water mark of Rottnest Island, clockwise of a line extending 225° True from Cape Vlaming to another line extending 180° True from Parker Point.

Table 2

All that portion of the Indian Ocean within 800 metres of the high water mark of Rottnest Island, clockwise of a line extending 180° True from Parker Point to another line extending 225° True from Cape Vlaming.

Table 3

All that portion of the Indian Ocean beyond 800 metres, but within 1600 metres, of the high water mark of Rottnest Island, clockwise of a line extending 180° True from Parker Point to another line extending 225° True from Cape Vlaming.

[Regulation 33 amended in Gazette 25 Sep 1998 p. 5298.]

34. Fishing for rock lobster in the waters surrounding Quobba Point

A person who is the holder of a commercial fishing licence must not fish for rock lobsters at any time in the area described in the Table to this regulation.

Penalty: $5 000 and the penalty provided in section 222 of the Act.

Table

All that portion of the Indian Ocean bounded by a line starting from a point on the high water mark situate at the southwestern‑most extremity of Quobba Point and extending south to south latitude 24° 34′; thence east to a point on the high water mark; and thence generally north-westerly along the high water mark aforesaid to the starting point.

35. Possession of rock lobster flesh

A person must not possess or sell a part only of a rock lobster unless —

(a) 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;

(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

(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.

[Regulation 35 amended in Gazette 4 Nov 2005 p. 5310.]

36. Use of boats for fishing for rock lobsters

(1) The master of a boat, other than a fishing boat, must not cause or permit —

(a) more than 4 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

(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.

(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 —

(a) the use of that pot is authorised under an authorisation granted under section 66 of the Act; or

(b) the use of that pot is authorised under a rock lobster pot licence.

Penalty: $5 000.

[Regulation 36 amended in Gazette 10 Nov 2006 p. 4707; 6 Jul 2007 p. 3387.]

37. Defences to alleged offence under regulation 36

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), 4 rock lobster pots had already been pulled by persons on board the boat in the relevant period.

38. Specifications for rock lobster pots

(1) In this regulation —

“internal SLED” means a sea lion exclusion device consisting of a rod inside a rock lobster pot secured to the base of the pot and rising vertically towards the neck;

“sea lion protection zone” means the waters off the west coast bounded by a line commencing at the high water mark at 30° 51.06′ south latitude (south of Wedge Island) and extending —
west along the parallel to the intersection with 115° 10.32′ east longitude;
then north-north-westerly along the geodesic to the point 30° 30.54′ south latitude and 115° 0.06′ east latitude;
then northerly along the geodesic to the point 30° 25.02′ south latitude and 114° 58.5′ east longitude;
then northerly along the geodesic to the point 30° 12.42′ south latitude and 114° 57′ east longitude;
then northerly along the geodesic to the point 30° 4.2′ south latitude and 114° 54.42′ east longitude;
then northerly along the geodesic to the point 29° 54.96′ south latitude and 114° 53.52′ east longitude;
then north-north-westerly along the geodesic to the point 29° 47.82′ south latitude and 114° 50.64′ east longitude;
then north-easterly along the geodesic to the point 29° 44.28′ south latitude and 114° 52.2′ east longitude;
then northerly along the geodesic to the point 29° 35.16′ south latitude and 114° 53.58′ east longitude;
then east along the parallel to its intersection with the high water mark (north of Freshwater Point);
then generally southerly along the high water mark to the commencement point.

(2) A person must not use a rock lobster pot to fish for rock lobster —

(a) in the waters north of 21° 44′ south latitude, unless the pot conforms to the specifications set out in Part 1 of Schedule 13;

(b) in the waters between 21° 44′ south latitude and 34° 24′ south latitude, but excluding the waters off the south coast east of 115° 08.091′ east longitude, unless the pot conforms to the specifications set out in Part 2 of Schedule 13; and

(c) in all waters other than those referred to in paragraphs (a) and (b), unless the pot conforms to the specifications set out in Part 3 of Schedule 13.

Penalty: $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: $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

(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.

[Regulation 38 amended in Gazette 31 Oct 2003 p. 4562; 10 Nov 2006 p. 4707‑8; 4 Sep 2007 p. 4519.]

Division 5A — Requirements regarding deep sea crabs

[Heading inserted in Gazette 21 Dec 1999 p. 6407.]

38A. Term used in this Division

In this Division —

“deep sea crab” means a champagne crab, crystal crab or giant crab.

[Regulation 38A inserted in Gazette 21 Dec 1999 p. 6407; amended in Gazette 13 Nov 2007 p. 5691.]

38B. Possession or sale of parts of deep sea crabs

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;

(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

(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.

[Regulation 38B inserted in Gazette 21 Dec 1999 p. 6407; amended in Gazette 4 Nov 2005 p. 5311.]

38C. Bringing ashore parts of deep sea crabs

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.

[Regulation 38C inserted in Gazette 21 Dec 1999 p. 6407; amended in Gazette 4 Nov 2005 p. 5311.]

Division 5B — Requirements regarding abalone

[Heading inserted in Gazette 1 Oct 2003 p. 4301.]

38D. Abalone

(1) In this regulation and regulation 38E —

“Abalone Zone” followed by a number, means the zone of that number described in Schedule 16.

(2) A person, other than the holder of a managed fishery licence that authorises abalone to be taken, must not fish for abalone —

(a) in Abalone Zone 1 at any time other than between 7 a.m. and 8.00 a.m. on any of the 6 consecutive Sundays in any year commencing with the first Sunday in November in that year;

(b) in Abalone Zone 2 at any time other than during the period beginning on 1 October in any year and ending on 15 May in the next following year; or

(c) in Abalone Zone 3 at any time other than during the period beginning on 1 October in any year and ending on 15 May in the next following year.

Penalty: $5 000 and the penalty provided in section 222 of the Act.

[Regulation 38D inserted in Gazette 1 Oct 2003 p. 4301; amended in Gazette 28 Nov 2003 p. 4775; 10 Nov 2006 p. 4703.]

38E. Diving for abalone using breathing apparatus prohibited in Abalone Zone 1

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.

[Regulation 38E inserted in Gazette 28 Nov 2003 p. 4775.]

[38F. Repealed in Gazette 1 Oct 2003 p. 4301.]

Division 5C — Requirements regarding marron

[Heading inserted in Gazette 29 Dec 2000 p. 7968.]

Subdivision 1 — Interpretation

[Heading inserted in Gazette 29 Dec 2000 p. 7968.]

38G. Terms used in this Division

In this Division —

“closed season”, in any year, means all of that year other than a period of 23 days commencing midday on the first Friday in January that is on, or is closest in time to, the first last‑quarter moon in that year;

“marron drop net” means a net that —

(a) has a base ring and top ring that have a diameter of not less than 400 mm and not more than 650 mm;

(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

(i) restricts the movement of marron through the mesh; or

(ii) reduces the size of the spaces of the mesh;

“marron pole snare” means a snare that —

(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;

“marron scoop net” means a net that —

(a) is generally hemispherical and has a mesh —

(i) constructed of wire with a diameter of not more than 5 mm;

(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;

(b) has a circular top ring with an internal diameter that does not exceed 375 mm;

(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.

[Regulation 38G inserted in Gazette 29 Dec 2000 p. 7968‑9; amended in Gazette 13 Dec 2002 p. 5796-7; 9 Jan 2004 p. 141; 30 Nov 2004 p. 5487; 22 Dec 2005 p. 6221; 29 Dec 2006 p. 5890.]

Subdivision 2 — General restrictions on fishing for marron

[Heading inserted in Gazette 29 Dec 2000 p. 7969.]

38H. Use of certain nets or snare to fish for marron

Subject to regulation 38I, a person must not fish for marron by using anything except —

(a) not more than 6 marron drop nets;

(b) a single marron pole snare; or

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.

[Regulation 38H inserted in Gazette 22 Jan 2002 p. 359; amended in Gazette 1 Oct 2003 p. 4301.]

38I. Use of marron pole snare only to fish for marron in certain waters

(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]

(d) of Harvey Weir and the Harvey River upstream of the Harvey Weir wall and downstream of the Stirling Dam wall, including the tributaries flowing into those waters; and

(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 Lake Navarino (Waroona Dam) and its tributaries.

[Regulation 38I inserted in Gazette 29 Dec 2000 p. 7970‑1; amended in Gazette 22 Dec 2005 p. 6221; 29 Dec 2006 p. 5890.]

38J. Fishing for marron in certain Margaret River waters

A person must not fish for marron in —

(a) the Margaret River within the area that begins 50 m upstream of the Bussell Highway Bridge and ends 50 m downstream of that bridge;

(b) the Margaret River upstream of the Ten Mile Brook junction; or

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.

[Regulation 38J inserted in Gazette 29 Dec 2000 p. 7971; amended in Gazette 13 Dec 2002 p. 5797.]

[38JA. Repealed in Gazette 22 Dec 2005 p. 6221.]

38K. Fishing for marron by use of boats or by swimming or diving

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.

[Regulation 38K inserted in Gazette 29 Dec 2000 p. 7971.]

38L. Use of boats to transport marron nets

(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).

[Regulation 38L inserted in Gazette 29 Dec 2000 p. 7971; amended in Gazette 29 Dec 2006 p. 5890.]

Subdivision 3 — Closed season restrictions relating to marron

[Heading inserted in Gazette 29 Dec 2000 p. 7972.]

38M. Closed season for fishing for marron

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.

[Regulation 38M inserted in Gazette 29 Dec 2000 p. 7972.]

38N. Removal of marron during closed season from private land

(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.

[Regulation 38N inserted in Gazette 29 Dec 2000 p. 7972.]

38O. Possession of marron during non‑possession period

(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;

(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 —

“non‑possession period”, in any year, means the closed season in that year other than the first 12 hours after the end of the 23 days referred to in the definition of “closed season” in regulation 38G.

[Regulation 38O inserted in Gazette 29 Dec 2000 p. 7973; amended in Gazette 29 Dec 2006 p. 5890.]

Division 6 — Requirements relating to the taking of certain fish

39. Fishing for prawns by a person other than the holder of a commercial fishing licence

(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;

(b) subject to subregulation (2), a single prawn hand trawl net; or

(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.

[Regulation 39 amended in Gazette 1 Oct 2003 p. 4301-2.]

40. Fishing for cherabin

A person must not fish for cherabin by means of using any fishing gear other than —

(a) not more than 6 drop nets;

(b) a single pole snare;

(d) a single throw net that has a length not exceeding 3 metres measured from the centre retrieval line to the lead line and a mesh of not more than 25 millimetres,

at any one time.

Penalty: $2 000.

[Regulation 40 amended in Gazette 29 Jun 2004 p. 2523.]

41. Shucking of abalone by a person other than the holder of a commercial fishing licence

(1) Subject to subregulation (2), a person, other than the holder of a commercial fishing licence, must 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 cause or permit the shell to be removed, from an abalone; or

(ii) be in possession of an abalone from which the shell has been removed;

(b) bring onto land, or attempt to bring onto land, an abalone from which the shell has been removed.

Penalty: $5 000 and the penalty provided in section 222 of the Act.

(2) Subregulation (1)(a) 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 metres on the landward side of the high water mark.

Table

The fish cleaning facility situated approximately 40 metres 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.

[Regulation 41 amended in Gazette 19 Jun 1998 p. 3263; 4 Nov 2005 p. 5311.]

42. Shucking of molluscs by person other than the holder of a commercial fishing licence

(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 metres 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;

(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.

[Regulation 42 amended in Gazette 1 Oct 2003 p. 4302; 4 Nov 2005 p. 5311.]

43. Obstruction or interference with trout

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.

44. Fishing for barramundi, brown or rainbow trout, freshwater cobbler or redfin perch

Unless the person is authorised to do so under an authorisation, a person must not fish for —

(a) barramundi;

(b) brown trout;

(d) rainbow trout; or

(e) redfin perch,

otherwise than by means of a single rod, reel and line or a single line held in the hand.

Penalty: $2 000.

44A. Fishing at Lake Navarino (Waroona Dam) and Logue Brook Dam

(1) A person must not fish in the waters of Lake Navarino (Waroona Dam) or Logue Brook Dam or any of their respective tributaries using as a bait or lure anything other than an artificial lure.

Penalty: $2 000.

(2) In subregulation (1) —

“artificial lure” includes —

(a) a lure that is made of feather, fur, wool or any other material and that is known as an artificial fly; and

(b) a lure that incorporates a spinning device or another device that causes the lure to move.

(3) A person must not fish in the waters of Lake Navarino (Waroona Dam) or Logue Brook Dam or any of their respective tributaries during the period beginning on 1 May in any year and ending on 31 August in that year.

Penalty: $2 000.

[Regulation 44A inserted in Gazette 1 Oct 2003 p. 4302-3.]

[Division 7: Heading and r. 45-54 repealed in Gazette 1 Oct 2003 p. 4303; r. 55 repealed in Gazette 11 Feb 2003 p. 412.]

Division 7A — Requirements relating to automatic location communicators

[Heading inserted in Gazette 2 Jan 1998 p. 25.]

55A. Terms used in this Division

In this Division —

“approved automatic location communicator” means an automatic location communicator of a make, model or type approved in accordance with regulation 55AA(1);

“approved directions” means directions approved in accordance with regulation 55AA(3);

“automatic location communicator” or “ALC” means —

(a) an automatic device for tracking the location of a boat and transmitting accurate information as to the geographical position, course and speed of the boat; and

(b) a computer (including software) that is capable of facilitating the operation of that device;

“licence holder” means the holder of a fishing boat licence.

[Regulation 55A inserted in Gazette 23 May 2006 p. 1858.]

55AA. Approval of ALC’s and directions

(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 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).

[Regulation 55AA inserted in Gazette 23 May 2006 p. 1858-9; amended in Gazette 6 Jul 2007 p. 3389.]

55B. Automatic location communicator to be installed and serviced

(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 under subregulation (1), it is a condition of the fishing boat licence that the licence holder must comply with the notice.

[Regulation 55B inserted in Gazette 2 Jan 1998 p. 26; amended in Gazette 23 May 2006 p. 1859; 6 Jul 2007 p. 3389.]

55C. Master of fishing boat to ensure effective operation etc. of automatic location communicator

(1) In this regulation —

“an ALC fishing boat” means a fishing boat in which an approved automatic location communicator has been installed in accordance with the approved directions.

(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.

[Regulation 55C inserted in Gazette 2 Jan 1998 p. 26‑7; amended in Gazette 23 May 2006 p. 1859-60; 6 Jul 2007 p. 3389.]

55D. Interfering etc. with automatic location communicator or approved seal

(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.

[Regulation 55D inserted in Gazette 2 Jan 1998 p. 27; amended in Gazette 23 May 2006 p. 1860.]

[Division 7B: Heading and r. 55E-55L repealed in Gazette 1 Oct 2003 p. 4303.]

Division 8 — Miscellaneous requirements

56. Documents to be carried on board

(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;

(b) the commercial fishing licence of each member of the crew required to hold that licence; and

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.

[Regulation 56 amended in Gazette 6 Jul 2007 p. 3389.]

56A. Prohibition on fishing with hooks attached to rock lobster pot, float lines, moorings, anchors etc.

A person must not fish using a fish hook attached to —

(a) a rock lobster pot;

(b) a float or float line attached to a rock lobster pot;

(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.

[Regulation 56A inserted in Gazette 29 Nov 2002 p. 5655; amended in Gazette 11 Feb 2003 p. 412.]

57. Restrictions on fishing for snapper in Shark Bay region

(1) A person, other than a person who is the holder of a commercial fishing licence, must not, in the waters between 23° 30′ south latitude and 26° 30′ south latitude or in the waters of Shark Bay south of 26° 30′ south latitude fish for snapper of the genus Pagrus by means of any fishing gear other than —

(a) one line to which not more than 3 hooks or gangs of hooks are attached; or

(b) one pointed instrument.

Penalty: $3 000.

[(2) repealed]

[Regulation 57 amended in Gazette 28 Feb 2003 p. 661; 1 Oct 2003 p. 4303.]

[58. Repealed in Gazette 1 Oct 2003 p. 4303.]

59. Authorised trade names

(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.

60. Packaging and carrying of rock lobster

(1) A person responsible for packaging rock lobster must ensure that no package, container or receptacle which contains rock lobster exceeds 45 kilograms 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 millimetres in width when empty.

Penalty: $1 000.

61. Labelling of packages of fish

(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;

(b) securely attached to the fish or the exterior of any package, container or receptacle containing the fish; and

(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) Subject to subregulation (4a), the label referred to in subregulation (1) must specify the name and principal place of residence of the person selling the fish.

(4a) If —

(a) a person referred to in subregulation (1) is a nominated operator, as defined in the Abalone Management Plan 1992; and

(b) the fish referred to in that subregulation are abalone,

the label referred to in subregulation (1) must specify —

(d) the number of the managed fishery licence that authorised the abalone to be taken; and

(e) if a licensed fishing boat was used to take the abalone, the licensed fishing boat number.

(5) The label referred to in subregulation (2) must clearly identify —

(a) the name and principal place of residence of the master of any licensed fishing boat which was used to fish for the fish;

(b) the licensed fishing boat number of any licensed fishing boat which was used to fish for the fish; and

(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.

[Regulation 61 amended in Gazette 8 Sep 2000 p. 5186‑7; 11 Feb 2003 p. 412; 6 Jul 2007 p. 3389.]

62. Deposit of refuse or waste in certain waters prohibited

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.

63. Persons not to have certain fishing gear

(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;

(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;

(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. Certain records to be kept and returns submitted to the Department

(1) A 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;

(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;

(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 subregulation (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.

(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;

(b) specifies —

(i) the quantity and species of the fish purchased or received;

(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

(6) The CEO may exempt a person who is to keep records under this regulation from submitting a monthly return under subregulation (4) 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 has conducted a fishing tour on a boat must complete the records referred to in subregulation (1) before any participant in the tour leaves the boat.

(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 pro