Western Australian Current Regulations Western Australian Current Regulations (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;
or
(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;
or
(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.