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Australian Anglers Association, (WA Division) Inc.



Follow up Submission on Limits on Rottnest Island Rules.



The Australian Anglers Association sent a letter to Minister for Fisheries about the Definition of Fillets in Possession Limits, and Filleting of Fish at Sea. We finally received a reply from the Minister for Fisheries which has shown that the Fisheries Department has ignored some of the important issues we raised, including the limits on Rottnest Island.

We aren't happy with that reply and with some of the recently announced regulations, some of which are different from what was covered by the public discussions and comments. We have obtained a copy of the new regulations, etc, and have drafted 3 detailed replies pointing out many of the problems with the regulations and the reply signed by the Minister.

These cover Limits On Rottnest Island Rules, Filleting and WholeFish Rules , and Filleting At Sea Rules

This is the Limits On Rottnest Island Rules reply. We are looking for YOUR support and comments. If it's worth having, it's worth working for!!!!!!!

28 October 2003

The Honourable Kim Chance, MLC,
Minister for Agriculture, Forestry and Fisheries
11th Floor, Dumas House
2 Havelock Street
West Perth 6005

Dear Mr Chance

Application of the boating limits to shore based fishing on Rottnest Island.

Thank you for the reply dated 30 September to our letter of 31 July. Your reply raises several issues which we will cover in separate replies.

In that letter, we raised the issue of restrictions on people fishing on Rottnest Island, and you did not cover these in your reply.

You will be aware of the public concerns raised last year when the Rottnest Island Authority proposed some recreational fishing restrictions from the shore on Rottnest Island without having any supporting data.

As advised in our original letter, we are concerned at the unnecessary restrictions some of the "filleting at sea" regulations place on people who fish from the shore at Rottnest island.

If it is alleged that some species need special bag or possession limits on Rottnest Island, we submit these requirements should be supported by specific research data which shows that special limits are necessary for the sustainability of these species at Rottnest.

If special limits are considered necessary, the proposals should go through a public consultation process, and if supported, should be added as separate specific regulations which apply to Rottnest.

We ask that the regulations be amended so that people who go to Rottnest via public transport ferry for a weekend or a holiday, will be able to fish from the shore and have the same rights and possession limits as people fishing on the mainland. This should apply particularly for the common pelagic species regularly caught from the shore on the Island.

This is correct way to handle this issue, rather than relying on the application to shore based fishing of the "catch all" restrictions which were aimed at fishing from boats.

Yours sincerely

Terry Fuller, Secretary Australian Anglers Association (WA Division)

========

Please Note:- We encourage other people to have their say on important issues. If you find our submissions useful, you are allowed to use the information in them without seeking permission. All we ask is fair treatment, and that you acknowledge the Association and the actual source if you use or quote large parts of our submissions without putting the ideas into your own words.

Otherwise, please see our Copyright notice



Some of the Fish Resources Management Act Regulations.

3. Interpretation
(1) In these regulations, unless the contrary intention appears -
"fillet" in respect of fish -
(a) when used as a noun, means any part or piece of the fish, other than the head or tail of the fish or a product of gilling or gutting the fish; and
(b) when used as a verb, does not include to gill or gut the fish;

"whole fish" means a fish that is -
(a) entire; or
(b) entire except that it has been gilled or gutted, or both.

3A. Two fillets of fish to be taken to be one fish
For the purposes of these regulations, 2 single-sided fillets of fish are to be taken to be one fish. [Regulation 3A inserted in Gazette 1 Oct 2003 p. 4285.]

14. Person on a boat not to be in possession of filleted fish - recreational fishing
(1) A person -
(a) on a boat must not be in possession of a fish other than a whole fish; or
(b) must not bring ashore a fish other than a whole fish.
(2) For the purposes of subregulation (1), the master of a boat on which there is a fish other than a whole fish is, in the absence of proof to the contrary, to be taken to be in possession of that fish.
(3) Subregulation (1) -
(a) does not apply to, and in respect of, fish taken for a commercial purpose in accordance with an authorisation; and
(b) is subject to regulations 15, 16, 16A, and 16B.
Penalty: $3 000 and the penalty provided in section 222 of the Act. [Regulation 14 inserted in Gazette 1 Oct 2003 p. 4285-6.]

15. Exception to regulation 14 - mackerel and tuna Despite regulation 14, a person may be in possession of, or bring ashore, a fillet of mackerel or tuna of the Family Scombridae if -
(a) each fillet is taken from one side only of the fish; and
(b) the skin and pectoral fin are intact and attached to each fillet. [Regulation 15 inserted in Gazette 1 Oct 2003 p. 4286.]

16. Exception to regulation 14 - shark Despite regulation 14, a person may be in possession of, or bring ashore
(a) a shark that -
(i) has been gutted;
(ii) has had its head, fins or tail removed; or
(iii) has been gutted and had its head, fins and tail, or any of those parts, removed;
or
(b) parts of a shark, but only if -
(i) all the parts of the shark; or
(ii) all the parts of the shark other than a part that may be removed under paragraph (a), are kept together and brought ashore together. [Regulation 16 inserted in Gazette 1 Oct 2003 p. 4286-7.]

16A. Exception to regulation 14 - consumption of fish at sea. Despite regulation 14, a person may be in possession of a fillet of fish in a boat in WA waters if the fish is being prepared for immediate consumption on that boat. [Regulation 16A inserted in Gazette 1 Oct 2003 p. 4287.]

16B. Exception to regulation 14 - extended trips
(1) Despite regulation 14, a person may be in possession of, or bring ashore, a fillet of fish in a boat in WA waters if -
(a) the person has been at sea, or on any island within WA waters, continuously for at least 48 hours without returning to the mainland;
(b) the skin and scales are attached to each fillet;
(c) each fillet is at least 300 mm in length;
(d) each fillet is individually packaged flat;
(e) each fillet is packaged so that it is easily accessible for measurement and identification; and
(f) where the fish is frozen, it can be measured and identified without being thawed.
(2) For the purposes of subregulation (1)(a), a person on a boat is to be taken to have been at sea, or on any island within WA waters, continuously for less than 48 hours without returning to the mainland in the absence of proof to the contrary.
(3) A person who undertakes a sea voyage referred to in subregulation (1)(a) and fishes while on that voyage is to keep a record of that voyage including details of -
(a) the place and time that the voyage commences;
(b) the period of time the boat is at sea without returning to the mainland;
(c) the route taken on the voyage;
(d) the places where the boat has stopped, and the dates of each stop and the length of time each stop has taken; and
(e) the place and time that the voyage ends.
(4) A person who undertakes a sea voyage referred to in subregulation (1)(a) must -
(a) record the details referred to in subregulation (3) during the sea voyage;
(b) keep a record made under this regulation for a period of 6 months after the voyage has ended; and
(c) not make an entry or statement that is false or misleading in a material particular in a record kept under this regulation.
Penalty: $5 000. [Regulation 16B inserted in Gazette 1 Oct 2003 p. 4287-8.]

16D. Possession limits generally for finfish - recreational fishing
(1) For the purposes of section 51(1) of the Act, the maximum quantity of finfish that a person may be in possession of, other than at the person's principal place of residence is -
(a) 20 kg of fillets of fish;
(b) 10 kg of fillets of fish and one day's bag limit of whole fish; or
(c) 2 days' bag limit of whole fish.
(2) This regulation is subject to regulations 16E(1), 16G, 16H, 16I, 16J, 16K and 16M.
[Regulation 16D inserted in Gazette 1 Oct 2003 p. 4289-90.]

16E. Possession limits - on a boat
(1) For the purposes of section 51(1) of the Act, the maximum quantity of finfish that a person on a boat (unless the boat has been at sea, or on any island within WA waters, continuously for at least 48 hours without returning to the mainland) may be in possession of is one day's bag limit of fish.
(2) For the purposes of section 51(1) of the Act, the maximum quantity of fish of the species referred to in this subregulation that a master of a boat may be in possession of on that boat where it is being used by 2 or more persons for taking fish is -
(a) twice the bag limit of blue manna crabs;
(b) twice the bag limit of cuttlefish, octopus or squid;
(c) twice the bag limit of rock lobster; and
(d) twice the bag limit of brownlip or greenlip abalone.
(3) For the purposes of subregulation (2), the master of the boat on which fish are present is to be taken to be in possession of those fish.
(4) In any proceedings for an offence under section 51(2) of the Act in the circumstances referred to in subregulation (2) it is a
defence for the person charged to prove that the person was the master of a commercial passenger boat not used for fishing. [Regulation 16E inserted in Gazette 1 Oct 2003 p. 4290.]

21. Presumptions regarding possession
(1) In any proceedings for an offence against section 51 of the Act, in the absence of proof to the contrary -
(a) subject to subregulation (2), a person using, or in control of, a vehicle in which fish are found is taken to be in possession of the fish; and
(b) a person using or in control of a refrigerator, freezer, icebox, or other storage device in which fish are found is taken to be in possession of the fish.
(2) In any proceedings for an offence against section 51 of the Act, a person who provides payment to a courier business in consideration for the transportation of fish, is to be taken to be in possession of the fish until the fish are actually in the possession of the person to whom the fish are being transported.
(3) In this regulation -
"courier business" means a business that -
(a) has an established place of business; and
(b) carries on the business of transporting freight. [Regulation 21 inserted in Gazette 1 Oct 2003 p. 4298-9.]
Division 4 - Labelling of fish [Heading inserted in Gazette 1 Oct 2003 p. 4299.]

22. Labelling of fish
(1) A person who packages or stores fish -
(a) other than at the person's principal place of residence; or
(b) at the person's principal place of residence if that place is in -
(i) the Exmouth townsite, as referred to in regulation 16K(2); or
(ii) Ningaloo Marine Park Land Zone, as referred to in regulation 16K(2),
must ensure that a label, as described in subregulation (2), is securely attached to each package containing fish and to each fish that is stored other than in a package.
Penalty: $5 000 and the penalty provided in section 222 of the Act.
(2) For the purposes of subregulation (1) a label must -
(a) be not less than 75 millimetres in length and 25 millimetres in width;
(b) have legibly written on it the full name of the owner of the fish or package to which the label is attached; and
(c) be attached to the fish or package in such a manner that it is clearly visible for inspection.
(3) Subregulation (1) does not apply to, and in respect of -
(a) fish taken for a commercial purpose by a person in accordance with an authorisation;
(b) fish kept, bred, hatched or cultured by the person in accordance with an aquaculture licence; or
(c) fish of the Family Atherinidae, Clupeidae, Engraulidae or Hemirhamphidae.
(4) For the purposes of subregulation (1), a person using or having control of -
(a) a vehicle in which fish is present; or
(b) a refrigerator, freezer, icebox, or other storage container in which fish is present,
is, in the absence of proof to the contrary, to be taken to have packaged or stored the fish.
(5) In this regulation -
"package" means any type of wrapping, package, or container;
"store", in relation to fish, includes the act of placing in a refrigerator, freezer, icebox, or other storage container.
[Regulation 22 inserted in Gazette 1 Oct 2003 p. 4299-300.]

180. Categories of fish
(1) For the purposes of the Act, a species of fish referred to in Schedule 4 is a species of fish of the category referred to in the heading below which it appears.
(2) A fillet of fish the species of which is not readily identifiable is to be taken to be from a category 1 fish in the absence of proof to the contrary.
[Regulation 180 amended in Gazette 1 Oct 2003 p. 4328.]


Please Note:- We encourage other people to have their say on important issues. If you find our submissions useful, you are allowed to use the information in them without seeking permission. All we ask is fair treatment, and that you acknowledge the Association and the actual source if you use or quote large parts of our submissions without putting the ideas into your own words.

Otherwise, please see our Copyright notice






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This page last updated 8 December 2003.