Sch 11

Schedule 11 [reg. 59] Authorised trade names of fish | **Fish** | **Trade name** | | Barramundi | Barramundi | | Dhufish, West Australian | Dhufish | [Schedule 11 amended: Gazette 1 Oct 2003 p. 4345.] Schedule 12 Modified penalties [s. 229(2) and reg. 162] | **Offence**<br>**Part 1 — Sections of the Act** | **Modifiedpenalty $** | | 1A. Section 7(7), for a contravention of a condition of an exemption granted for purposes mentioned in section 7(2)(e) | 750.00 | | 1. Section 43(3), relating to — | | | (a) category 1 fish | 400.00 | | (b) category 2 fish | 200.00 | | (c) category 3 fish | 100.00 | | (d) category 4 fish | 50.00 | | 2. Section 46, relating to — | | | (a) a quantity of category 1 fish that is less than or equal to the notional bag limit | 200.00 | | (b) a quantity of category 1 fish that is more than the notional bag limit | 1 000.00 | | (ca) category 1 fish for which there is no bag limit | 400.00 | | (c) a quantity of category 2 fish that is less than or equal to the notional bag limit | 100.00 | | (d) a quantity of category 2 fish that is more than the notional bag limit | 500.00 | | (e) a quantity of category 3 fish that is less than or equal to the notional bag limit | 75.00 | | (f) a quantity of category 3 fish that is more than the notional bag limit | 375.00 | | (g) a quantity of category 4 fish that is less than or equal to the notional bag limit | 50.00 | | (h) a quantity of category 4 fish that is more than the notional bag limit | 200.00 | | 3. Section 47, relating to — | | | (a) category 1 fish | 200.00 | | (b) category 2 fish | 100.00 | | (c) category 3 fish | 75.00 | | (d) category 4 fish | 50.00 | | 4A. Section 48A, relating to category 1 fish | 500.00 | | 4. Section 49 | 200.00 | | 5. Section 50(3), relating to — | | | (a) a quantity of category 1 fish that is less than or equal to twice the bag limit | 200.00 | | (b) a quantity of category 1 fish that is more than twice the bag limit | 1 000.00 | | (c) a quantity of category 2 fish that is less than or equal to twice the bag limit | 100.00 | | (d) a quantity of category 2 fish that is more than twice the bag limit | 500.00 | | (e) a quantity of category 3 fish that is less than or equal to twice the bag limit | 75.00 | | (f) a quantity of category 3 fish that is more than twice the bag limit | 375.00 | | (g) a quantity of category 4 fish that is less than or equal to twice the bag limit | 50.00 | | (h) a quantity of category 4 fish that is more than twice the bag limit | 200.00 | | 6. Section 51(2), relating to — | | | (a) a quantity of category 1 fish that is less than or equal to twice the possession limit | 200.00 | | (b) a quantity of category 1 fish that is more than twice the possession limit | 1 000.00 | | (c) a quantity of category 2 fish that is less than or equal to twice the possession limit | 100.00 | | (d) a quantity of category 2 fish that is more than twice the possession limit | 500.00 | | (e) a quantity of category 3 fish that is less than or equal to twice the possession limit | 75.00 | | (f) a quantity of category 3 fish that is more than twice the possession limit | 375.00 | | (g) a quantity of category 4 fish that is less than or equal to twice the possession limit | 50.00 | | (h) a quantity of category 4 fish that is more than twice the possession limit | 200.00 | | 7AA. Section 74(2), for a contravention of — | | | (a) a provision of a management plan that prohibits a person from doing any thing in excess of an entitlement | 3 000.00 | | (b) any other provision of a management plan | 750.00 | | 7AB. Section 77(2) | 750.00 | | 7A. Section 96 | 400.00 | | 7. Section 104 | 200.00 | | 8. Section 105 | 200.00 | | 9. Section 106(2) | 200.00 | | 10. Section 170(1) | 200.00 | | 11. Section 171(1) | 200.00 | | 12. Section 172 | 200.00 | | 13. Section 190(2) | 200.00 | [Part 1 amended: Gazette 13 Feb 2009 p. 300; 24 Feb 2012 p. 803; 18 Dec 2012 p. 6591; 18 Jun 2013 p. 2297-9; 27 Aug 2013 p. 4057; 7 Aug 2015 p. 3204.] | **Offence**<br>**Part 2 — Regulations** | **Modified**<br>**penalty $** | | 1. Regulation 108 | 50.00 | | 2. Regulations 12(3), 15(2), 15(3), 16(2), 16(3), 39, 40, 42, 43 and 64L | 75.00 | | 3. Regulations 14(4), 22(1), 22AA(2), 32(1), 55FA, 56, 60, 61, 64F, 64G, 64H, 64I(5), 64J, 64K, 64Q, 74, 75, 77, 79, 80, 81, 84, 85, 86, 91, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 109, 110, 112, 113, 113AA, 113AB, 113A(5), 113A(6), 113B(2), 113B(3), 113C(2), 113E(3), 117(4), 128L(3), 128MA(2) and 144 | 100.00 | | 4. Regulations 12(1) and (2), 14(1), 16E(3C), 31(2), 31(3), 31A(1), 32(1A), 32(1C), 35, 35A, 36(1), 38, 38B, 38C, 38DA, 38D(3), 38E, 38EA, 38EB, 38F, 38GA, 41, 55I, 56A, 62, 63, 64, 64AA(2), 64AA(2B), 64C(1), 64DA, 64E(1), 64E(3), 64E(4), 64E(5), 64NA, 64O, 64OAA(2), 64OAA(3), 64OB, 64OD, 64OE(1) and (2), 64P, 64QA, 71, 113A(1), 113A(2), 113A(4), 113B(1), 113C(1), 113E(1), 123(1), 124B(2), 124B(4), 128L(1), 128M, 128S(2) and 145 | 200.00 | | 5. Regulations 16DA(1), 38D(2), 38H, 38I(1), 38J, 38K, 38L, 38M, 38N(1), 38O(1), 45(2), 55G(1) and (2), 64S(1), 64S(3), 64T, 117(1), (2), (6), (7) and (8), 119(2) and (6), 121(1) and (2), 128I, 128K, 128P, 128R, 128S(3) and (4) and 144M | 400.00 | | 6. Regulation 128O, relating to — | | | (a) category 1 fish | 400.00 | | (b) category 2 fish | 200.00 | | (c) category 3 fish | 100.00 | | (d) category 4 fish | 100.00 | | 7. Regulation 130(4), for a contravention of a condition of — | | | (a) a fishing boat licence, carrier boat licence or commercial fishing licence | 400.00 | | (b) any other licence granted under Part 11 | 100.00 | | 8. Regulation 59(2) | 500.00 | [Part 2 amended: Gazette 8 Sep 2000 p. 5188; 29 Dec 2000 p. 7979; 29 Jun 2001 p. 3179‑80; 14 Nov 2001 p. 5979; 29 Nov 2002 p. 5655; 27 Jun 2003 p. 2394‑5; 1 Oct 2003 p. 4345‑6; 28 Nov 2003 p. 4776; 23 Dec 2003 p. 5206; 4 Nov 2005 p. 5317; 11 Nov 2005 p. 5566; 22 Dec 2005 p. 6239; 23 May 2006 p. 1861; 29 Dec 2006 p. 5892; 6 Jul 2007 p. 3389; 4 Sep 2007 p. 4521; 21 Dec 2007 p. 6326; 19 Dec 2008 p. 5363; 3 Jul 2009 p. 2680; 29 Sep 2009 p. 3882; 8 Dec 2009 p. 4997‑8; 12 Feb 2010 p. 587; 27 Aug 2010 p. 4107; 1 Mar 2011 p. 672‑3; 2 Nov 2011 p. 4625; 18 Dec 2012 p. 6591-2; 29 Jan 2013 p. 319; 28 Jun 2013 p. 2894; 27 Aug 2013 p. 4057; 30 May 2014 p. 1724-5 and 1737; 12 Aug 2014 p. 2907; 23 Jan 2015 p. 406‑7; 30 Jun 2015 p. 2332; 7 Aug 2015 p. 3204‑5; 18 Mar 2016 p. 745; 4 Oct 2019 p. 3607; SL 2021/118 r. 27; SL 2023/2 r. 29; SL 2024/263 r. 29.] Schedule 13 — Specifications for rock lobster pots [r. 38(2)] [Heading inserted: Gazette 4 Oct 2016 p. 4237.] 1. Construction and dimensions of pot (1) A rock lobster pot must not have any form of chamber or partition in the pot which is capable of containing rock lobster other than that formed by the external frame of the pot. (2) A rock lobster pot must be constructed of a rigid material that is not capable of snaring or entangling a rock lobster. (3) A rock lobster pot must not exceed — (a) 1 000 mm in diameter or width at its widest point; or (b) 500 mm in height. [Clause 1 inserted: Gazette 4 Oct 2016 p. 4237‑8.] 2. Entrance or neck of pot (1) A rock lobster pot must have only one entrance or neck which — (a) must be positioned on the upper surface of the pot with the entrance or neck parallel to the base of the pot; and (b) must be constructed wholly of a rigid material; and (c) must be either — (i) circular with an opening throughout of not less than 160 mm in diameter; or (ii) rectangular with an opening throughout of not less than 160 mm by 160 mm; and (d) must not contain any device capable of restricting the egress of fish. (2) A rock lobster pot does not fail to conform to the specification set out in subclause (1) by reason only that it is constructed with, or has fitted to it, a sea lion exclusion device (as defined in regulation 38(3)). [Clause 2 inserted: Gazette 4 Oct 2016 p. 4238.] 3. Escape gaps (1) A rock lobster pot must have inserted in it a device or devices to create at least one escape gap if used in the following waters — (a) WA waters off the southern coast of WA east of 115° 08.091′ east longitude; (b) WA waters off the south‑western coast of WA south of 34° 24′ south latitude and west of 115° 08.091′ east longitude. (2) A rock lobster pot must have inserted in it a device or devices to create at least 3 escape gaps if used in waters that are WA waters off the western coast of WA that are between 21° 44′ south latitude and 34° 24′ south latitude. (2A) Subclause (2) does not apply to a rock lobster pot used in waters mentioned in subclause (1)(a). (3) A rock lobster pot referred to in subclause (1) or (2) must not have any obstruction positioned so as to restrict the movement of rock lobsters through an escape gap or to reduce the internal measurements of an escape gap. (4) Each escape gap required under this clause must be constructed of a rigid material that when affixed to the pot is not vertically flexible or capable of reducing the internal measurements of the escape gap. (5) Each escape gap required under this clause must be, as nearly as practicable, rectangular in shape. (5A) When measured internally, each escape gap required under this clause must measure not less than 305 mm in length and not less than 54 mm in height. (6) Each escape gap required under this clause must be positioned — (a) on a side of the pot, other than the upper surface or base of the pot; and (b) so that the longer sides of the escape gap are generally parallel to the base of the pot and the lower internal edge of the escape gap is no more than 110 mm from the base of the pot; and (c) if the pot has less than 4 escape gaps, in accordance with subclause (7). (7) For subclause (6)(c) — (a) one escape gap must be positioned opposite the hauling rope attachment point or points; and (b) any other escape gap must be positioned as far away as is practicable from the hauling rope attachment point or points. [Clause 3 inserted: Gazette 4 Oct 2016 p. 4238‑9; amended: Gazette 4 Oct 2019 p. 3607-8; SL 2023/2 r. 30.] Schedule 14 Forms [Form 1 deleted: Gazette 30 Dec 2004 p. 6965.] **Form 2** [reg. 147] (Section 187) **WARRANT TO ENTER AND SEARCH** This is a warrant authorising a fisheries officer to enter and search: | Place:<br>Time:<br>(specify hours or at any time) | | This warrant ceases to have effect: | Date:<br>Time: | | I ........................................................ Justice of the Peace of ......................................................... am satisfied by application supported by evidence on oath — (a) that there are reasonable grounds for suspecting that there is on or in the place referred to in this warrant anything that may afford evidence of the commission of an offence against the *Fish Resources Management Act 1994*; or (b) that the issue of this warrant is reasonably required for the purpose of ascertaining whether a person has contravened or is contravening the *Fish Resources Management Act 1994*; and I authorise .................................................................................. , a fisheries officer, to enter and search the place referred to in this warrant with such assistance, and by such force, as is reasonably necessary during the time referred to in this warrant. ..................................................................... Signature of Justice of the Peace ............................................ Date [Form 2 amended: Gazette 29 May 2008 p. 2059.] **Form 3** [reg. 160] (Section 229(1)) **INFRINGEMENT NOTICE** Authorisation Nos.: To: It is alleged that you have committed an offence: | When and where: | When: a.m./p.m. on the<br> day of 20 .<br>Where: | Details of the offence and modified penalty: | Section of Act Description of Offence Modified<br> Penalty<br> $ | What you must do: 1. You may dispose of this matter within 28 days of the service of this notice by paying the modified penalty in person at any Post Office or Post Office Agency. OR 2. Elect to have this matter dealt with before a COURT by completing the Court Election on the reverse side. Should you not pursue one of the above options within the time specified above, additional administrative charges may be incurred and action may be taken to suspend your Motor Driver’s Licence until you have paid in full the modified penalty and any additional charges OR you have elected to have this matter dealt with before a Court. | Issued at:<br>by:<br>Signature: | | **Election for Court** To have this matter dealt with by a Court, complete the details on back of this form and send it to — Prosecutions Officer Department of Primary Industries and Regional Development