FISH RESOURCES MANAGEMENT ACT 1994 - SECT 258
FISH RESOURCES MANAGEMENT ACT 1994 - SECT 258
258 . Regulations, miscellaneous subjects for
(1) The regulations
may do any of the following —
(a)
prohibit or regulate the possession, unloading, transport, consignment,
handling, labelling, delivery, receival, storage, packaging, purchase or sale
of fish;
(ba)
regulate customary fishing;
(b)
regulate recreational fishing;
(c)
prohibit or regulate recreational fishing on or from fishing boats, boats used
for aquaculture or boats used for aquatic eco-tourism or fishing tours;
(d)
determine the priority between persons engaged in fishing in the same area;
(ea)
provide for methods of deciding to whom authorisations will be granted if the
number of available authorisations is less than the number of appropriate
applicants for those authorisations, including by way of public auction,
public tender, ballot and lottery;
(eb)
provide for the reseeding of fish stocks or the release of fish for the
purpose of restoring or improving fish stocks;
(ec)
provide for the labelling or other identification of fish that is the product
of aquaculture;
(ed)
prohibit or regulate aquaculture that has, or is likely to have, an incidental
impact on aquatic fauna or flora;
(ee)
apply, adopt or incorporate a provision of any code of practice, standard or
other document relating to aquaculture —
(i)
with or without modifications; or
(ii)
as in force at a particular time or from time to time;
(e)
prohibit or regulate the possession or consignment of —
(i)
flesh or parts only of any fish of a specified class; or
(ii)
any fish of a specified class if the fish has been
mutilated or disfigured;
(f)
provide for and regulate the identification of fish by tagging, marking or
other specified means;
(g)
prescribe measures to prevent the unnecessary destruction and wastage of fish;
(h)
provide for the control of any species of fish not endemic to the State, or a
particular area of the State, and in particular may —
(i)
prohibit or regulate the breeding, keeping or release of
such fish;
(ii)
prohibit or regulate the bringing of such fish into the
State or into a particular area of the State;
(iii)
require persons in specified circumstances to notify the
CEO of the occurrence of such fish;
(ia)
prescribe measures for the control, recapture and eradication of exotic fish;
(ib)
prohibit or regulate the entry into or movement or use within, or direct the
removal from, WA waters or an area of WA waters of boats or equipment on or
attached to boats for the purpose of —
(i)
preventing organisms, as defined in section 177B, that
pose or are likely to pose a threat to fish or other aquatic resources or to
their habitats from entering WA waters or an area of WA waters; or
(ii)
preventing or controlling the spread of such organisms in
WA waters or an area of WA waters; or
(iii)
eradicating or removing such organisms from WA waters or
an area of WA waters;
(i)
prescribe measures for the control, recapture and
eradication of noxious fish;
(j)
prohibit or regulate the bringing into the State, or the export from the
State, of any fish (whether processed or unprocessed);
(k)
provide for the control of disease in fish or pearl oysters, and for that
purpose may —
(i)
prescribe measures for the prevention or control of
disease in fish or pearl oysters;
(ii)
require persons in specified circumstances to notify the
CEO of the occurrence of any disease, or symptoms of disease, in fish or pearl
oysters;
(iii)
prohibit or regulate the possession of fish or pearl
oysters that may be affected by disease;
(iv)
require the destruction of fish affected by disease and
any receptacle or container containing such fish or pearl oysters;
(v)
provide for the recovery of the cost of any measure for
the prevention or control of disease in fish or pearl oysters;
(la)
provide for the protection from, or the minimisation of incidental harm from,
fishing activities of aquatic fauna or aquatic habitats, including by
prohibiting or regulating specified fishing activities;
(l)
regulate the use of any type of fishing gear or the use of any method of
fishing;
(m)
provide for the registration or identification of fishing gear;
(n)
require specified gear or equipment to be installed in or carried on boats
used for fishing, aquaculture, fishing tours or aquatic eco-tourism and
require the gear or equipment to be used in a specified way;
(o)
prohibit or regulate the possession or carriage on any boat of any specified
type of fishing or aquaculture gear or gear or equipment used in connection
with fishing tours or aquatic eco-tourism;
(p)
prohibit or regulate the possession by any person in or on any waters or land
adjacent to any waters of any specified type of fishing or aquaculture gear or
gear or equipment used in connection with fishing tours or aquatic
eco-tourism;
(q)
prohibit or regulate the carrying of any firearm, explosive or noxious
substance on any boat;
(r)
prohibit or regulate the use of fish aggregating devices;
(s)
require or regulate the marking and labelling of packages, receptacles or
containers containing or used for holding fish (whether for storage, transport
or otherwise) and regulate the dimensions of such packages, receptacles or
containers;
(t)
prohibit or regulate activities that interfere with, or obstruct, fishing or
aquaculture;
(u)
prohibit the deposit of any refuse or waste in any waters;
(ua)
prohibit or regulate any other activity that might pollute any waters;
(v)
prohibit the use of any type of packaging, container or
receptacle on a boat or regulate the disposal of any rubbish or material from
a boat;
(va)
prescribe measures to —
(i)
prevent cruelty to fish; and
(ii)
provide for the welfare, safety and health of fish;
(vb)
provide for the adoption of codes of practice relating to the use, care,
welfare, safety or health of fish either —
(i)
as modified by the regulations; or
(ii)
as they exist at a particular date; or
(iii)
as they are amended from time to time;
(w)
regulate aquatic eco-tourism and other activities that might disturb fish;
(wa)
regulate fishing tours provided for a commercial purpose, and the persons
engaged or employed in providing such tours;
(wb)
prohibit or regulate the possession of fish in, and the removal of fish from,
designated areas (whether the fish was taken or otherwise obtained in those
areas or elsewhere) and provide for the management of fishing and related
activities in those areas;
(x)
regulate the taking of fish for scientific purposes;
(y)
prohibit the taking of fish for genetic or chemical extraction or analysis
unless a permit is obtained from the CEO;
(z)
provide for the naming of fish and prohibit the sale of fish except under
specified names;
(zaa)
regulate the exchange of information for law enforcement purposes between
departments or other agencies of the State and departments or other agencies
of the Commonwealth, other States or Territories;
(za)
require persons who are authorised to engage in fishing or the storage,
transport, sale or purchase of fish to —
(i)
keep specified records; and
(ii)
submit or lodge specified returns at specified times;
(zb)
prohibit a person from making an entry or statement that is false or
misleading in a material particular in a record or return required to be kept
or submitted or lodged under the regulations;
(zc)
prescribe fees and charges for the purposes of this Act, including fees and
charges payable in respect of —
(i)
applications, other than an application to the State
Administrative Tribunal for a review; and
(ii)
the issue of authorisations; and
(iii)
the provision of any service or information;
(zd)
allow the payment of any fee or charge to be made by instalments, and provide
for the payment of a surcharge if the payment of any fee or charge is made by
instalments.
(2) A fee prescribed
under subsection (1)(zc)(ii) may include one or more of the following —
(a) an
amount in respect of the extent or value of any authority conferred by an
authorisation;
(b) an
amount in connection with any purpose referred to in section 238(5) or 239(4)
that is relevant to an authorisation;
(c) if
the fee is for the issue of an aquaculture licence — an amount in
respect of the area to which the licence relates;
(d) an
amount in respect of the costs of administering this Act.
(3) To the extent that
the regulations prescribe under subsection (1)(zc)(ii) a fee that includes an
amount referred to in subsection (2) that is a tax, the regulations may impose
the tax.
[Section 258 amended: No. 41 of 2000 s. 11; No. 2
of 2002 s. 23; No. 33 of 2002 s. 96(3); No. 55 of 2004 s. 393; No. 28 of 2006
s. 236(1); No. 21 of 2011 s. 5; No. 22 of 2011 s. 5; No. 43 of 2011 s. 74.]