Western Australian Current Regulations Western Australian Current Regulations (1) In this
regulation —
boat means a vessel propelled by a motor;
day has the meaning given in section 50 of
the Act.
(2) A person who
fishes by use of a boat must hold a recreational (boat) fishing licence
unless —
(a) the
person is not required to hold a recreational (boat) fishing licence under
subregulation (3); or
(b) the
person is not required to hold a recreational (boat) fishing licence under
subregulation (5); or
(c) the
person is fishing for a commercial purpose; or
(d) the
person is an Aboriginal person not required to hold a recreational fishing
licence under section 6 of the Act; or
(e) the
person is participating in a fishing tour on board a boat that is specified on
a fishing tour operator’s licence, or a restricted fishing tour
operator’s licence, granted under regulation 128J.
Penalty: a fine of $2 000.
(3) A person (an
unlicensed person ) is not required to hold a recreational (boat) fishing
licence to fish by use of a boat if —
(a) at
least one person who holds a recreational (boat) fishing licence is on the
boat with the unlicensed person; and
(b) on
the day on which the unlicensed person fishes by use of the boat, the quantity
of fish taken or brought onto land by use of the boat does not exceed any
combined bag limit calculated under subregulation (5A).
(4) The master of a
boat must ensure that the quantity of fish taken or brought onto land by use
of the boat on a day does not exceed any combined bag limit calculated under
subregulation (5A).
Penalty: a fine of $2 000.
(5A) For the purposes
of subregulations (3)(b) and (4), if —
(a) fish
are taken or brought onto land using a boat; and
(b) a
bag limit is prescribed in respect of those fish for a region or area,
the combined bag limit
for the boat in relation to those fish and that region or area is calculated
by multiplying the bag limit by the number of persons who on the day are on
the boat and hold a recreational (boat) fishing licence.
(5B) It is a defence
in proceedings for an offence under subregulation (4) for the person
charged to prove that —
(a) the
person took all reasonable steps to determine which of the other persons on
the boat on that day held a recreational (boat) fishing licence; and
(b) the
person held a reasonable, but mistaken, belief that a person on the boat on
the day held a recreational (boat) fishing licence; and
(c) if
the person’s belief had not been mistaken, the quantity of fish taken or
brought onto land by use of the boat on that day would not have exceeded the
relevant combined bag limit.
(5) A person is not
required to hold a recreational (boat) fishing licence to fish by use of a
boat if the person in doing so engages only in an activity set out in the
Table to regulation 124 for which the person holds a recreational fishing
licence specifying that the person may engage in that activity.
(6) This regulation
does not limit the operation of regulation 123.
[Regulation 124B inserted: Gazette
12 Feb 2010 p. 584‑5; amended: Gazette
24 Aug 2011 p. 3405-6; 30 May 2014 p. 1720-1;
23 Jan 2015 p. 401.]