FISH RESOURCES MANAGEMENT ACT 1994 - SECT 50

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 50

50 .         Bag limits for taking fish, regulations and offences as to

        (1)         In this section, one day means a period of 24 hours commencing at midnight or, in relation to a bag limit for which a different period is provided by the regulations under subsection (6), such period as is provided.

        (2)         The regulations may specify the maximum quantity of fish of a specified class that a person may take, or bring onto land or into WA waters, in one day (the bag limit ).

        (3)         A person must not take, or bring onto land or into WA waters, on any one day more fish than the bag limit of those fish.

        Penalty: As provided in sections 52 and 222.

        (4)         It is a defence in proceedings for an offence against subsection (3) for the person charged to prove that —

            (a)         the fish were taken for a commercial purpose in accordance with an authorisation; or

            (b)         the fish were kept, bred, hatched, cultured or harvested in accordance with an aquaculture licence; or

            (c)         the person has any other defence prescribed in the regulations.

        (5)         The regulations may specify different bag limits in relation to —

            (a)         different areas of the State; or

            (b)         different classes of persons; or

            (c)         different circumstances.

        (6)         The regulations may provide that a bag limit applies to a period of 24 hours commencing at a time other than midnight.

        (7)         This section does not authorise the taking of fish or the bringing of fish onto land or into WA waters in contravention of any other provision of this Act.

        [Section 50 amended: No. 43 of 2011 s. 14.]