Western Australian Current Regulations Western Australian Current Regulations (1) In these
regulations, unless the contrary intention appears —
Abalone Zone , followed by a number, means the
zone of that number described in Schedule 16;
Abrolhos Islands Fish Habitat Protection Area
means the area of WA waters adjacent to the Abrolhos Islands from the high
water mark to the seaward limits of the coastal waters of the State;
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;
charter boat means a boat that is used to conduct
a fishing tour for a commercial purpose in accordance with a fishing tour
operator’s licence or a restricted fishing tour operator’s
licence;
Cockburn Sound means all waters bounded by a line
commencing at a point at 32° 03.353′ south latitude and
115° 43.943′ east longitude (at the western extremity of the
South Mole on the mainland); then extending north-westerly along the geodesic
to a point at 32° 03.230′ south latitude and
115° 43.465′ east longitude (at the western extremity of the
North Mole on the mainland); then south-westerly along the geodesic to a point
at 32° 03.975′ south latitude and 115° 38.141′
east longitude (at Straggler Rocks); then south-easterly along the geodesic to
a point at 32° 05.137′ south latitude and
115° 39.560′ east longitude (on Mewstone); then southerly
along the geodesic to a point at 32° 07.125′ south latitude
and 115° 39.818′ east longitude (on Carnac Island); then
generally southerly along the high water mark of the eastern side of Carnac
Island to a point at 32° 07.479′ south latitude and 115°
39.913′ east longitude (on Carnac Island); then southerly along the
geodesic to a point at 32° 09.394′ south latitude and
115° 39.654′ east longitude (at Entrance Point on Garden
Island); then generally southerly along the high water mark of the eastern
side of Garden Island to a point at 32° 14.677′ south latitude
and 115° 40.929′ east longitude (at South West Point on Garden
Island); then southerly along the geodesic to a point at
32° 15.873′ south latitude and 115° 41.170′
east longitude (at John Point on the mainland); then generally northerly along
the high water mark to the commencement point;
commercial fishing licence means a licence
referred to in regulation 121;
complying drop net means a drop net
that —
(a) is
not more than 1.5 m at its widest point; and
(b) is
so constructed that when set —
(i)
its side or sides collapse so that its netting lies flat
on the ground; and
(ii)
its netting is not capable of ensnaring or entangling a
fish;
Cottesloe Reef waters means the waters of the
Cottesloe Reef as defined in the Cottesloe Reef Fish Habitat Protection Area
Order 2001 ;
day trip —
(a)
means a voyage undertaken by a person on a boat; but
(b) does
not include a voyage undertaken by a person on a boat if the
voyage —
(i)
takes place over more than one day; or
(ii)
is undertaken on a fishing boat for a commercial purpose;
demersal finfish means a fish of a species listed
in Schedule 3 Division 1 Subdivision 1 column 1,
Subdivision 2 column 1 or Subdivision 3 column 1;
disease means any disease of fish;
eastern gulf land area means the land adjacent to
the waters of the Shark Bay eastern gulf;
extended fishing tour means a voyage undertaken by
a person on a charter boat that takes place over more than one day;
fillet means any part or piece of a finfish, other
than the following —
(a) a
detached backbone;
(b) a
detached wing;
(c) a
fin;
(d) a
fish trunk;
(e) a
head;
(f) a
product of gilling or gutting the fish;
(g) a
tail;
(h) a
whole fish;
finfish means fish of the Class Elasmobranchii
(Chondrichthyes) or Osteichthyes;
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; or
(b) a
prawn hand trawl net; or
(c) a
complying drop net;
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; or
(b) a
finfish described in regulation 14(4) that would be a whole fish except
that all, or any part of, its head, tail or scales has been removed; or
(c) a
shark that would be a whole fish except that —
(i)
all of its head; and
(ii)
all of its tail; and
(iii)
one or more of its fins,
has been removed;
form followed by a number means the form of that
number in Schedule 14;
Freycinet Estuary means the waters of the 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 124(4)(b)(iii) on a receipt issued to the
person under regulation 124(3) for an application for the grant or
renewal of a recreational fishing licence;
or
(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 (i.e. A 29/3/59);
Geographe Bay and Inland Waters —
(a)
means the waters bounded by a line commencing at a point (the commencement
point ) at 33° 27.11′ south latitude and
115° 34.57′ east longitude (on the mainland) and
extending —
(i)
west along the parallel to a point at
33° 27.11′ south latitude and 115° 00.29′ east
longitude; then
(ii)
south along the meridian to a point at
33° 31.86′ south latitude and 115° 00.29′ east
longitude (on the mainland at Cape Naturaliste); then
(iii)
generally easterly along the high water mark to the
commencement point;
and
(b)
includes every river, estuary, inlet, constructed waterway and their
tributaries between Cape Naturaliste and the commencement point;
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;
Jungulu Special Purpose Zone (wilderness
conservation) means the area described in the Lalang‑garram / Camden
Sound Marine Park (Classified Waters) Notice 2020 Schedule 3
item 1;
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 ;
Lalang‑garram / Camden Sound Marine Park
means all waters reserved as the Lalang‑garram / Camden Sound Marine
Park under the Conservation and Land Management Act 1984 section 13
and classified as Class A;
Lancelin Island Lagoon means the waters of the
Lancelin Island Lagoon as defined by the Lancelin Island Lagoon Fish Habitat
Protection Area Order 2001 ;
large pelagic finfish means a fish of a species
listed in Schedule 3 Division 2 Subdivision 1 column 1 or
Subdivision 2 column 1;
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;
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
(c) Hutt
River;
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)
unless paragraph (b) applies — a period of 24 hours
commencing at midnight; or
(b) in
relation to fishing for marron or prawns or fishing by means of a fishing net
that is set — 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 m in length; and
(b) with
a mesh of not less than 16 mm;
principal place of residence in respect of a
person, does not include —
(a) a
tent, vehicle or boat; or
(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; or
(c)
premises where fish are processed or stored for a commercial purpose; or
(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;
(c) the
South Coast 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 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;
scheduled fish disease means a disease mentioned
in Schedule 17;
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;
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;
sunrise and sunset mean the times provided by the
Perth Astronomical Observatory for sunrise and sunset on the relevant day;
Swan and Canning Rivers —
(a)
means all waters of the Swan and Canning Rivers, including their tributaries,
upstream of a line commencing at a point at 32° 03.353′ south
latitude and 115° 43.943′ east longitude (at the westernmost
point of South Mole, Fremantle) and extending to 32° 03.230′
south latitude and 115° 43.465′ east longitude (at the
westernmost point of North Mole, Fremantle); and
(b)
includes all waters of Rous Head Harbour;
waters of the Shark Bay eastern gulf means the
waters 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 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 —
(a) in
the case of any type of finfish, including a large pelagic
finfish —
(i)
is entire; or
(ii)
is entire except that it has been gilled or gutted, or
both;
or
(b) in
the case of a large pelagic finfish — has been cut into a maximum
of 2 pieces, but —
(i)
has not otherwise been modified; or
(ii)
has not otherwise been modified 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: 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; 6 Nov 2009 p. 4470‑1;
29 Jan 2013 p. 301; 28 Jun 2013 p. 2888;
24 Sep 2013 p. 4437; 30 May 2014 p. 1714;
22 Oct 2014 p. 4087; 23 Jan 2015 p. 399-400;
30 Jun 2015 p. 2331; 4 Oct 2019 p. 3527;
29 Nov 2019 p. 4102; SL 2021/118 r. 4;
SL 2022/128 r. 4; SL 2023/2 r. 4; SL 2024/234
r. 4.]
[ 3A. Deleted: Gazette 4 Nov 2005
p. 5301.]