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South Coast Estuarine Fishery Management Plan 2005

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South Coast Estuarine Fishery Management Plan 2005 Order Amended Doc. No. 22-01 Amendment No. 1 of 2006 Published in GG # 99; 13-06-06 FISH RESOURCES MANAGEMENT ACT 1994 SOUTH COAST ESTUARINE FISHERY MANAGEMENT PLAN 2005 CONTENTS PART 1 - PRELIMINARY 1. Citation 2. Commencement 3. Interpretation 4. Procedure before this plan may be amended or revoked PART 2 - THE FISHERY 5. Identification and Declaration 6. Areas PART 3 – GENERAL REGULATION OF FISHING 7. Persons prohibited from fishing in the Fishery 8. Prohibition on selling, dealing in or purchasing fish 9. Closure of parts of the Fishery PART 4 – LICENCES 10. Criteria for the grant of a licence 11. Duration of licences 12. Fees 13. Items that must be specified on a licence 14. Grounds to refuse to transfer a licence PART 5 – ENTITLEMENT – FISH TRAPS, SHELL FISH AND BEAUFORT INLET 15. Entitlement to use fish traps 16. Entitlement to fish for shell fish 17. Entitlement to fish in Beaufort Inlet PART 6 -CAPACITY OF THE FISHERY 18. Capacity of the Fishery PART 7 - USE OF GEAR AND BOATS 19. Fishing by means of nets – general restrictions 20. Fishing by means of fish traps or crab pots – general restrictions 21. General fishing and gear restrictions 22. Use of boats PART 8 -MISCELLANEOUS 23. Offences and major provisions SCHEDULES Schedule 1 - Description of the Fishery Schedule 2 - Areas of the Fishery Schedule 3 – Permitted fishing areas and periods (nets) Schedule 4 – Fish trap and crab pot specifications Schedule 5 – Permitted areas to use fish traps and crab pots Schedule 6 – Persons who may fish in Beaufort Inlet in 2005 Schedule 7 – List of persons DISCLAIMER: This is not an official version. Although this document has been carefully collated from each of the relevant issues of the Government Gazettes in which the principal notice and subsequent amendments were published, its accuracy cannot be guaranteed. Accordingly - (a) no warranty is given that it is free from error or omission nor as to the accuracy of any information in it; and (b) the State of Western Australia and its servants expressly disclaim liability for any act or omission done in reliance on the document or for any consequences of any such act or omission. Order Amended Doc. No. 22-01 Amendment No. 1 of 2006 Published in GG # 99; 13-06-06 FISH RESOURCES MANAGEMENT ACT 1994 SOUTH COAST ESTUARINE FISHERY MANAGEMENT PLAN 2005 FD 173/05 [660] Made by the Minister under section 54. PART 1 - PRELIMINARY 1. Citation This plan may be cited as the South Coast Estuarine Fishery Management Plan 2005. 2. Commencement This plan will commence operation on 1 July 2005. 3. Interpretation (1) In this plan, unless the contrary intention appears - “authorised boat” means - (a) a licensed fishing boat, the name, licensed fishing boat number and length of which are specified on a licence; or (b) a boat specified in a written authority under regulation 132 where that boat is to be used in place of a boat described in (a); “auxiliary boat” means an authorised boat that is specified on a licence as an auxiliary boat; “Fishery” means the South Coast Estuarine Managed Fishery identified in clause 5; “fishing net” means any fishing net other than – (a) a hand scoop net or hand dip net; (b) a prawn hand trawl net; or (c) a drop net which has a diameter not exceeding 1.5 metres; “fishing unit” means one primary fishing boat and not more than 4 auxiliary boats that are specified on the same licence; “haul net” means a fishing net that – (a) does not have a pocket or a bunt; (b) has a hauling rope of more than 20 metres in length; and when used - (c) is not stationary in the water; (d) the operator of the net is within 10 metres of the net at all times it is in the water; “licence” means a managed fishery licence which authorises the holder to fish in the Fishery; “length” means, in relation to a boat, the length as determined in accordance with regulations made under the Western Australian Marine Act 1982, expressed in metres to one decimal point (with a length which incorporates the number 0.05 of a metre or more being rounded upwards to the next 0.1 of a metre); “mesh size” means the size of the mesh of a fishing net as measured in accordance with regulation 64D of the regulations; “permit” means an interim managed fishery permit issued in accordance with the South Coast Estuarine Fishery (Interim) Management Plan 2002; DISCLAIMER: This is not an official version. Although this document has been carefully collated from each of the relevant issues of the Government Gazettes in which the principal notice and subsequent amendments were published, its accuracy cannot be guaranteed. Accordingly - (a) no warranty is given that it is free from error or omission nor as to the accuracy of any information in it; and (b) the State of Western Australia and its servants expressly disclaim liability for any act or omission done in reliance on the document or for any consequences of any such act or omission. Order Amended Doc. No. 22-01 Amendment No. 1 of 2006 Published in GG # 99; 13-06-06 “primary fishing boat” means the authorised boat used primarily for or in conjunction with fishing under the authority of a licence and is specified on the licence as the primary fishing boat; “pull” means to bring from the waters of the Fishery to the surface of those waters; “regulations” means the Fish Resources Management Regulations 1995; “ring net” means a fishing net that does not have a pocket or a bunt and when used - (a) the two ends of the net are brought together so that the net is circular in shape; (b) the operator of the net is within 10 metres of the net at all times it is in the water; “seine net” means a fishing net that – (a) has a pocket or a bunt; (b) has a hauling rope of more than 20 metres in length; and when used - (c) is not stationary in the water; (d) the operator of the net is within 10 metres of the net at all times it is in the water; “set” when used as a verb, means to fix a fishing net, crab pot or fish trap in the water so that it remains stationary; “set net” means a fishing net that – (a) has been fixed in place in the water so that it remains stationary; and (b) is left in the water for a period of 15 minutes or more; “shellfish” means all molluscs of the Class Gastropoda or Bivalvia; “throw net” means a fishing net where – (a) the net has a length not exceeding 3 metres measured from the centre retrieval line to the lead line; (b) the net has a mesh of not more than 25 millimetres; and (c) the operator of the net is in constant contact with the centre retrieval line while the net is in the water. (2) In this plan, unless the contrary intention appears, the following terms have the same meanings as provided for in - (a) regulation 3 of the regulations - “fishing boat licence”; “licensed fishing boat number”; “sunrise" and "sunset”; (b) Schedule 7 of the regulations - "black bream"; "cobbler"; "cockle"; "mussel"; “razorfish”. 4. Procedure before this plan may be amended or revoked For the purposes of section 65 of the Act, all the licence holders of the Fishery are the persons to be consulted before this plan is amended or revoked. PART 2 - THE FISHERY 5. Identification and Declaration (1) The Fishery to which this plan relates is fishing by any means in the waters described in Schedule 1 and may be referred to as the South Coast Estuarine Managed Fishery. (2) The Fishery is a managed fishery. DISCLAIMER: This is not an official version. Although this document has been carefully collated from each of the relevant issues of the Government Gazettes in which the principal notice and subsequent amendments were published, its accuracy cannot be guaranteed. Accordingly - (a) no warranty is given that it is free from error or omission nor as to the accuracy of any information in it; and (b) the State of Western Australia and its servants expressly disclaim liability for any act or omission done in reliance on the document or for any consequences of any such act or omission. Order Amended Doc. No. 22-01 Amendment No. 1 of 2006 Published in GG # 99; 13-06-06 6. Areas The Fishery is divided into the Areas described in Schedule 2. PART 3 - GENERAL REGULATION OF FISHING 7. Persons prohibited from fishing in the Fishery (1) Subject to subclause (2), a person must not fish in the Fishery - (a) other than in accordance with this Plan; (b) unless the person is - (i) the holder of a licence; or (ii) the holder of a commercial fishing licence and is fishing together with the holder of a licence. (2) A person fishing in accordance with the Act for a recreational purpose may fish in the waters described in Schedule 1. 8. Prohibition on selling, dealing in or purchasing fish A person must not sell, deal in or purchase any fish taken from the Fishery unless the fish were taken by a person who is the holder of a commercial fishing licence fishing under the authority of a licence and in accordance with this plan. 9. Closure of parts of the Fishery (1) Notwithstanding the provisions of clauses 17, 19, 20 and 21 the Executive Director may, by notice published in the Gazette, prohibit fishing by any means in any part of the Fishery for the period specified in the notice if, in the opinion of the Executive Director, the prohibition is required in the better interests of the Fishery.
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