Western Australian Current Regulations

FISH RESOURCES MANAGEMENT REGULATIONS 1995 - REG 144E

144E .         Sampling for disease testing

        (1)         A sample of pearl oysters that is to be submitted to an approved fish pathologist for disease testing is to be —

            (a)         a random sample of as many pearl oysters as an approved fish pathologist reasonably requires for testing; and

            (b)         treated and preserved in the manner directed by an approved fish pathologist.

        (2)         A person shall not submit a sample of hatchery produced spat for disease testing unless the sample was taken —

            (a)         at least 40 days after the completion of settlement of that batch; and

            (b)         when the majority of the spat in the batch are 2 mm or more in length.

        (3)         An inspector may supervise the taking of samples under this regulation.

        (4)         A person shall not tamper with a sample taken under this regulation.

        Penalty: a fine of $5 000.

        (5)         A person submitting a sample for disease testing shall also provide to the approved fish pathologist —

            (a)         a copy of the relevant Notice of Settlement of Spat or Notice of Pearling or Hatchery Activity lodged under the Pearling (General) Regulations 1991 ; and

            (b)         either —

                  (i)         particulars in writing of any unexplained mortality, or clinical disease, of pearl oysters; or

                  (ii)         a declaration, in the form of Form 8, that no such mortality has occurred and no signs of clinical disease have been seen,

                at the hatchery, quarantine site or other place where the pearl oysters are being held, during the previous 12 months.

        (6)         An approved fish pathologist may require a person submitting a sample for disease testing to —

            (a)         produce for inspection logbooks and other records kept by the holder of the relevant hatchery licence or hatchery permit; and

            (b)         provide any other information relating to the health standards of the hatchery, quarantine site, or place where the pearl oysters are being held, that the pathologist considers relevant; and

            (c)         provide such further samples of pearl oysters as are required for further testing.

        (7)         A person submitting a sample for disease testing must comply with a requirement under subregulation (6).

        Penalty: a fine of $5 000.

        [Regulation 144E inserted: Gazette 24 Sep 2013 p. 4442-4.]