Several key definitions in regulation 3 underpin the entire regulatory scheme. Spat means pearl oysters at any stage prior to settlement or which, having settled, are less than the minimum length (default 120 mm, but the Minister may declare a different length by notice in the Gazette). The life of a pearl oyster is taken to commence on the day specified in a notice of settlement of spat form lodged by the licensee or permit holder who operates the hatchery where it was produced. A pearl oyster is deemed to be over 40 mm in length if it is from a batch where the majority are over 40 mm at the time of taking.

Wildstock is defined exhaustively to mean pearl oysters, other than broodstock, that are (a) taken from the wild; or (b) acquired in accordance with regulation 44T(2)(a) (sale of nursery-grown oysters over 40 mm to a wildstock licence holder); or (c) collected from a spat collector located on the person’s own pearling farm and are more than 80 mm in length; or (d) collected from any other spat collector and are more than 40 mm in length; or (e) obtained from a hatchery and are more than 12 months old or more than 40 mm in length. Broodstock means pearl oysters over 120 mm in length that are or are intended to be used for breeding.

Designated container or panel means a container of a type specified in Schedule 1 - there are four types: 6-pocket panel, 8-pocket panel, 9-pocket panel and 10-compartment basket, each with precise dimensional specifications. A tag is a pearl oyster identification tag issued under regulation 24(1), which must be of a locking type and carry a serial number. A tagged designated container is a designated container to which a valid tag has been affixed. The regulations require that the number of pearl oysters in a designated container must equal the total number of compartments, pockets or slots in that container type (regulation 5).

Dump as a noun means an area of Western Australian waters where pearl oysters are held or placed; as a verb it means to place pearl oysters on a dump. The regulations distinguish between dumps that are not on pearl oyster farms or holding sites (Division 1 of Part 5) and dumps on holding sites following pearl seeding operations (Division 2). An operated pearl oyster dump is a dump situated within a holding site used solely for dumping oysters that have been seeded; a returned pearl oyster dump is similarly situated but used for oysters subjected to seeding operations but not yet seeded.

A holding site is an area of Western Australian waters to which a prohibition or restriction made under section 19 of the Act applies, expressed to be for the purposes of the definition. Nursery site means all or part of a pearl oyster farm the farm lease for which allows the area to be used for growing out spat. Quarantine site means a pearl oyster farm the farm lease for which allows the area to be used for quarantining and disease testing pearl oysters.

Seeding means the specific pearl culture technique of inserting a nucleus into a pearl oyster. Pearling (seeding) licence or permit and hatchery (nursery) licence or permit are licences or permits expressed to be for “hatchery options” or “hatchery quota”. Pearling (wildstock) licence or permit is a licence or permit under which the holder is permitted to take wildstock.

A fleet master is the master of a boat nominated in a notice of pearling or hatchery activity to be the fleet master of two or more boats using the same dump. Catcher boat, operation boat and transport boat are defined by function. Approved (except in relation to a form) means approved in writing by an inspector; approved form means a form approved by the CEO.

The regulations impose obligations on a cascade of persons involved in the Western Australian pearl industry. At the top are licensees (holders of a pearling licence or hatchery licence) and permit holders (holders of a pearling permit or a hatchery permit). These persons bear primary responsibility for compliance: they must ensure annual notices of intent are lodged by 15 November (regulation 11), notices of pearling or hatchery activity are lodged at least 48 hours before activities commence (regulation 12), and a suite of daily log sheets are completed and lodged (regulations 13-18A). They are also responsible for ensuring their agents and employees comply, and remain liable for proper completion and lodgment of forms even if an agent performs the act (regulations 19(6) and 19A(4)). They apply for pearl oyster identification tags (regulation 24) and allocate them to boats.

Masters of catcher boats have specific duties: completing pearl oyster fishing daily log sheets, ensuring pearl oysters are placed in designated containers within 20 minutes of the end of each dive, keeping broodstock separate from wildstock in containers, filling containers consecutively with no more than two partly filled containers on board at any one time, and ensuring tags are on board and allocated to the boat before taking oysters (regulations 13, 22, 23, 28). Masters of dump boats must complete dump record log sheets (regulation 15). Fleet masters (nominated in the notice of pearling or hatchery activity) must ensure Division 1 of Part 5 is complied with for all boats under their control, and must make and retain accurate maps of long-lines in relation to the master buoy (regulations 33, 34).

Masters of operation boats on holding sites must ensure compliance with the Act and regulations for the holding site and make and retain maps of long-lines (regulations 37, 38). Masters of transport boats, pilots of aircraft and drivers of vehicles used to transport pearl oysters must complete transport log sheets prior to transport and keep paper copies on board (regulation 16). Persons transporting oysters for seeding must complete a transport (seeding) log sheet (regulation 17).

Holders of pearl divers’ licences must hold a current medical certificate issued in accordance with Australian Standard 2299 (regulation 7). Holders of farm leases must mark and light designated parts of the farm in an approved manner, and mark and identify nursery sites, quarantine sites and other areas where oysters are held (regulations 38A, 38B). They must also, if required by an inspector, keep designated oysters separate from others (regulation 38C).

Licensed hatchery operators are subject to detailed obligations regarding cleaning and disinfecting tanks and equipment (regulation 44A), treatment of water and air (regulation 44B), keeping batches separate (regulation 44C), maintaining general operations and batch logbooks (regulation 44D), using only specified broodstock (regulation 44E) and only supplying spat that meet filtration and health certificate requirements (regulation 44F). Persons collecting spat must hold the appropriate licence or permit, use an approved spat collector and collect only on an approved area (regulation 44G). Persons using quarantine or nursery sites - which must be holders of a hatchery (nursery) licence or permit - are subject to restrictions on use of the site, removal of oysters and disposal of dead oysters (regulations 44H-44R). Holders of pearling (seeding) licences or permits may only seed oysters that were taken under a hatchery (nursery) licence, grown out on a nursery site and not previously seeded (regulation 44U).

Finally, any person is prohibited from taking pearl oysters except by diving and by hand, from having non-diving equipment on board a catcher boat, from killing pearl oysters except for seeding or harvesting, from having dead pearl oysters on a catcher boat, and from conducting pearl culture techniques except on a holding site or pearl oyster farm (regulation 45).

The regulations impose a dense net of duties. The core duties can be grouped by activity.

Record-keeping and notification. Every licensee or permit holder must lodge an annual notice of intent by 15 November each year (regulation 11). They must lodge a notice of pearling or hatchery activity at least 48 hours before starting any activity (regulation 12). Masters of catcher boats must complete a pearl oyster fishing daily log sheet each day by 2200 hours (regulation 13), with dive-time entries completed immediately and the catch section within 20 minutes of each dive (or by using a diver’s catch record log sheet as an alternative). Dump record log sheets must be completed by 2200 hours on each day of dumping, with exceptions for dumping on pearl oyster farms or on operated/returned pearl oyster dumps (regulation 15). Transport log sheets must be completed prior to transport and kept on board (regulation 16). Seeding log sheets must be completed each day by 2200 hours (regulation 18). Tag log sheets must be completed daily whenever tags are issued, allocated, affixed or removed (regulation 18A). Notice of settlement of spat must be completed within 24 hours of settlement and lodged within 3 days (regulation 18B). Nursery site stock reports must be completed quarterly (or other period as directed) and lodged within 7 days (regulation 18C).

Forms may be issued in logbooks, as loose sheets or electronically (regulation 19(1)). Paper forms must be completed in indelible ink (regulation 19(4)). Electronic forms need not be signed but must be printed, signed and timestamped (regulation 19(5)). Agents may complete forms but the licensee or permit holder remains liable (regulation 19(6)). Logbooks must be retained on board until 31 December of the year of issue, and then retained for at least 2 years (regulation 19(2)-(3)). Forms must be lodged within 3 days of the end of the relevant operation if a notice of pearling or hatchery activity covers the period, or otherwise within 14 days (regulation 19A(3)).

Container and tagging duties. Pearl oysters must be held in designated containers unless an exception applies (regulation 21(1)). Exceptions include oysters being removed for seeding, being held on a pearl oyster farm, being taken by a pearl diver, spat in the hatchery, spat under 90 mm on a nursery site, spat in a spat collector, or oysters on a quarantine site (regulation 21(2)). The number of oysters in a container must not exceed the number prescribed (equal to compartments/pockets/slots). When taking oysters by diving, they must be placed in designated containers within 20 minutes (regulation 22(1)), with a defence of crew safety or excessively large catch (regulation 22(2)). Broodstock must not be placed in the same container as wildstock (regulation 22(1a)). Containers must be filled consecutively with no more than two partly filled containers on board at any one time (regulation 23).

Tags are issued by an inspector on application from a licensee or permit holder who meets the conditions (wishes to take wildstock or broodstock, or remove oysters from a nursery site for seeding; whose licence has a relevant condition; and who has lodged an annual notice of intent). Tags must be allocated to boats, used in serial number order, and cannot be transferred to another boat unless that boat is also used under the same licence/permit and the transfer is recorded in the notice of pearling or hatchery activity (regulations 24, 26, 27). A boat cannot be used to take pearl oysters unless tags are allocated and on board (regulation 28). Tags must be affixed to a designated container as soon as it is full (or after the last dive of the day if the last container is not full) by pulling the locking tail through the locking head. A tag cannot be affixed if another tag is already on the container (regulation 29). Tags must be removed from designated containers by midnight on 31 December of the year they were affixed, unless directed otherwise, and must be rendered incapable of reuse (regulation 30). For hatchery-produced or spat-collector oysters, tags cannot be removed until all oysters in the container exceed the minimum length (regulation 30(1a)).

Dumping duties. Dumping outside pearl oyster farms and holding sites is subject to detailed conditions: the dump must be identified by a number in a dump record log sheet, marked with a master buoy (75 cm minimum diameter, branded with the dump number preceded by an approved reference, with an aluminium radar reflector), all tagged designated containers must be attached to long-lines with surface floats branded with identifying numbers, and all long-lines must be within 200 m of the master buoy or another approved surface float (regulation 32). Broodstock containers must, if required, be on separate long-lines from wildstock containers. Only one licensee or permit holder may use a particular dump (regulation 35). Dumping on holding sites after seeding is similarly regulated (regulation 36). The master of an operation boat on a holding site must ensure compliance with the Act and regulations (regulation 37). Maps of long-lines in relation to the master buoy must be made and retained, and produced to an inspector on request (regulations 34, 38).

Seeding and transport duties. Pearl seeding operations may only be conducted on a pearl oyster farm (other than a nursery or quarantine site), on a holding site, or at an approved place (regulation 39). The number of oysters seeded in one operation cannot exceed the number specified in the notice of pearling or hatchery activity (regulation 40). Seeding of spat is prohibited (regulation 40A). Loose oysters or oysters in untagged containers may only be held for the purpose of seeding (regulation 41). Transport of pearl oysters is generally only permitted in tagged designated containers with prior notice, or under specific exemptions: from a holding site after seeding, while a catcher boat is still engaged in taking oysters, entirely within a nursery or quarantine site, between parts of a farm that are not nursery sites, direct to the nearest dump on the day of taking, within a holding site, from a hatchery to a quarantine site or from a quarantine site (with a certificate of health), or to a nursery site under certain conditions (regulation 42). Prior notice of transport may be varied by notice lodged at least 24 hours before transport (regulation 43). A notice that omits any of the required particulars (date, identifying particulars of the conveyance, source, location, number and destination of oysters, time and date of arrival) is deemed not to have been given (regulation 44).

Hatchery, nursery and quarantine duties. Hatchery operators must clean and disinfect tanks and equipment after each batch is removed, and generally when directed (regulation 44A). Water intake and discharge pipes must be located approved distances and directions apart (regulation 44B(1)). Water, air and equipment must be treated to the standards in Schedule 2 - e.g., water for rearing spat filtered to 20 µm or finer, water for algal food autoclaved or filtered, discharged water sand-filtered or chlorinated (Schedule 2 Division 2). Batches of spat must be kept separate and cross-infection prevented (regulation 44C). Hatchery record-keeping is extensive (regulation 44D). Broodstock can only be from the same hatchery or taken from Zones 1-3 of the Western Australian pearl oyster fishery (regulation 44E). Hatchery-spat can only be supplied if water is filtered to 20 µm or finer and a certificate of health is in force (regulation 44F). Spat collection is restricted to authorised persons on approved areas (regulation 44G). Spat over 40 mm can be sold to wildstock licence holders; spat 40 mm or less can be sold only to hatchery (nursery) licence holders (regulation 44G(2)). Quarantine sites may only be used for quarantine and disease testing (regulation 44H). Oysters being quarantined must be held only on a quarantine site (regulation 44I). Boats and equipment used on quarantine sites may be required to be cleaned and disinfected (regulation 44J). The licensee or permit holder must notify an inspector within 24 hours after the last oyster is removed, dies or is destroyed (regulation 44K). Oysters cannot be removed from a quarantine site within 6 weeks of being transported there except for disease testing, dead oyster disposal (if approved) or with other approval (regulation 44L). Dead oysters over 90 mm on a quarantine site must be retained until disposal is approved and then disposed of as directed (regulation 44M). Nursery sites may only be used for growing out (regulation 44N). Growing out may only occur on a nursery site (regulation 44O). Only the holder of a hatchery (nursery) licence or permit may hold oysters on a nursery site (regulation 44P). Oysters cannot be removed from a nursery site unless for disease testing, dead disposal, disposal under regulation 44T, or with approval (regulation 44Q). Dead oysters exceeding minimum length on a nursery site must be retained until disposal is approved (regulation 44R). The holder of a hatchery (nursery) licence may only take spat that meet certain size/age/source criteria (regulation 44S). Sale of nursery-grown oysters is restricted to wildstock licence holders (if over 40 mm) or other hatchery (nursery) licence holders (if 40 mm or less and 12 months or younger) (regulation 44T). Pearling (seeding) licence holders may only seed oysters taken under a hatchery (nursery) licence, grown out on a nursery site, and not previously seeded (regulation 44U).

Rights and discretions. The CEO may refund, reduce or waive any fee or charge payable under the regulations if considered appropriate (regulation 9B). An inspector may exempt a boat from the requirement to have tags on board (regulation 28(b)), direct in writing that tags need not be removed by 31 December (regulation 30(1)), and give directions regarding the manner of cleaning and disinfecting (regulation 44A(3), 44B(2)). The Minister may declare different minimum lengths for spat for different activities (regulation 3(4)-(5)). The CEO may sell seized oysters or spat by public auction, tender or private treaty with Ministerial approval (regulation 10).

The regulations create numerous penal provisions, most with a maximum penalty of $2,000. Penalties at that level attach to failures relating to: lodging annual notice of intent and notice after quota transfer (regulation 11), lodging notice of pearling or hatchery activity (regulation 12), completing daily log sheets and related records (regulations 13-15, 18, 18B, 18C), transport log sheets (regulations 16, 17), compliance with log book procedures (regulation 19(2)), improper use or possession of tags (regulation 26), transfer of tags to another boat without proper recording (regulation 27), using a boat without tags on board (regulation 28), improper affixing of tags (regulation 29), dumping contrary to the detailed requirements (regulations 32, 33, 34, 35, 36, 37, 38), failing to mark and light farms and sites (regulations 38A, 38B), carrying out seeding at unauthorised locations (regulation 39), exceeding the specified number of oysters seeded in one operation (regulation 40), seeding spat (regulation 40A), holding loose or untagged oysters other than for seeding (regulation 41), transporting oysters in breach of the conditions (regulation 42), failing to comply with hatchery hygiene and record-keeping obligations (regulations 44A, 44B, 44C, 44D), using prohibited broodstock (regulation 44E), supplying spat without proper filtration and health certificate (regulation 44F), unauthorised spat collection or sale (regulation 44G), using quarantine site for other purposes (regulation 44H), holding oysters for quarantine outside a quarantine site (regulation 44I), failing to clean boats if directed (regulation 44J), failing to notify when quarantine site cleared (regulation 44K), removing oysters from quarantine site within 6 weeks without authorisation (regulation 44L), improper disposal of dead oysters on quarantine site (regulation 44M), using nursery site for other purposes (regulation 44N), growing out outside nursery site (regulation 44O), holding oysters on nursery site without appropriate licence (regulation 44P), removing oysters from nursery site without authorisation (regulation 44Q), improper disposal of dead oysters on nursery site (regulation 44R), and the miscellaneous offences in regulation 45 (taking by other than diving and hand, having non-diving equipment on board, killing oysters except for seeding/harvesting, having dead oysters on a catcher boat, conducting pearl culture techniques outside holding site or farm).

Lower penalties apply to certain offences: $1,000 for failing to retain log books for 2 years (regulation 19(3)), completing forms in other than indelible ink (regulation 19(4)), failing to keep electronic transmission records (regulation 48A), failing to keep paper copies of electronically lodged forms (regulation 19A(2)), failing to keep tag log sheets (regulation 18A with penalty of $1,000), failing to keep designated oysters separate if directed (regulation 38C with penalty of $1,000), holding oysters without a designated container or with too many oysters in a container (regulation 21 with penalty of $1,000), failing to place oysters in containers within 20 minutes of dive (regulation 22), failing to fill containers consecutively (regulation 23), failing to remove tags by 31 December or removing tags improperly (regulation 30), failing to render tags unusable (regulation 30(2)), and failing to mark floats with letters and numbers of at least 6 cm by 1 cm (regulation 46, penalty $500). The penalty for failing to display the pearl boat licence number legibly and at the required size (30 cm high, 5 cm wide, black on yellow, on both sides of the hull at the turn of the bow) is also $500 (regulation 48(2)), as is owning or using an unlicensed boat bearing that number (regulation 48(3)-(4)).

Enforcement mechanisms. Inspectors have the power to direct a person to deliver a form to a specified person at a specified time and place instead of lodging it in the usual manner; failure to comply is an offence with a $2,000 penalty (regulation 20). An inspector may require a dump or holding site to be marked and lit in an approved manner to indicate its location to vessels (regulations 32(1)(ba), 36(1)(aa)). Inspectors may direct that designated oysters be kept separate from others (regulation 38C), and may require cleaning and disinfection of hatcheries (regulation 44A(2)), boats and equipment used on quarantine sites (regulation 44J(1)), and may direct the manner of such cleaning. The CEO may, with Ministerial approval, sell seized pearl oysters or spat by public auction, tender or private treaty (regulation 10). The regulations do not create a general power of seizure or prosecution - those powers arise from the Act.

The regulations operate under the Pearling Act 1990 and are expressly made under that Act. Section references in the regulations (e.g., s. 4(1), s. 8(4), s. 19, s. 22, s. 26(2)(a), s. 27(1)(a)-(b), s. 32, s. 55(1)(a)-(b)) anchor the regulations to the enabling Act. The Act itself creates the licensing and permit system, the power to make regulations, the power to impose conditions on licences and permits (including conditions prescribed by regulation - see regulation 44S, 44T, 44U which are expressly prescribed under s. 26(2)(a)), and enforcement powers.

The regulations incorporate by reference Australian Standard 2299 “Underwater air breathing operations” for the medical examination of pearl divers (regulation 7). The standard is not reproduced in the regulations; compliance requires obtaining a current medical certificate from a medical practitioner who has examined the diver in accordance with that standard. The standard’s provision for six-monthly examinations is expressly disapplied; certificates remain current for 12 months (regulation 7(2)).

The regulations cross-reference the Fish Resources Management Regulations 1995 in several places. The definition of “certificate of health” in regulation 3(1) is given the meaning in regulation 144A of the Fish Resources Management Regulations 1995. References to disease testing in regulations 44L, 44Q, and the taking of samples under Part 13A of the Fish Resources Management Regulations 1995 appear in the context of quarantine sites and nursery sites. When deciding whether cleaning and disinfecting of boats on quarantine sites is required, the inspector must have regard to any advice of the Chief Executive Officer of the department principally assisting the Minister responsible for the Fish Resources Management Act 1994 (regulation 44J(2)). This creates an inter-agency coordination mechanism between the pearling regulatory framework and the broader fisheries management framework.

The regulations also specify a geographic datum - the Geocentric Datum of Australia (GDA) based on the GRS80 ellipsoid and ITRF92 at epoch 1994.0, with coordinates for eight Australian Fiducial Network stations listed (regulation 4). This datum is used for the purposes of defining coordinates under section 4(1) of the Act. This ensures consistent spatial referencing for farm leases, holding sites, nursery sites and other defined areas.

There is no direct interaction with other laws stated in the regulations beyond these. However, the regulations assume the existence of the Pearling (Joint Authority Pearl Oyster Fishing) (Declaration of Zones) Notice 1992 for the purpose of defining Zones 1, 2 and 3 from which hatchery broodstock may be taken (regulation 44E(b)). General environmental, workplace health and safety, and navigation laws would also apply to pearling operations but are not addressed in this instrument.

The Pearling (General) Regulations 1991 were originally published on 27 December 1990 and commenced on 1 January 1991. The compilation table in the regulations records 17 sets of amending regulations between 1991 and 2020.

The first amendments in 1991 and 1992 were minor. The 1993 and 1994 amendments increased application fees. The 1995 amendments (No. 2) increased fees again. In 1998, the first significant substantive amendments began: the Pearling (General) Amendment Regulations (No. 2) 1998 (8 December 1998) amended regulations relating to dump marking and lighting. The Pearling (General) Amendment Regulations (No. 3) 1998 (18 December 1998) introduced the instalment payment scheme (regulation 9A) and surcharge provisions.

The most substantial single amendment was the Pearling (General) Amendment Regulations 1999 (gazetted 17 December 1999, commencing 1 January 2000). This amendment rewrote large portions of the regulations. It introduced the modern form-based regime in Part 3 (replacing earlier provisions), inserted the tag tracking system, added definitions for hatchery, nursery site, quarantine site, spat, wildstock and many others, and inserted Parts 5A, 7A, 7B, 7C, 7D and 7E dealing with farm marking, hatcheries, spat collection, quarantine sites, nursery sites and growing out/seeding of grown-out oysters. It also amended the penalty provisions throughout. The 1999 amendment is the foundation of the current regulatory structure.

Subsequent amendments were more targeted. The 2002 amendments adjusted transfer fees and made minor changes. The 2003 amendments inserted the detailed Geocentric Datum of Australia specification (regulation 4) and made fee adjustments. The 2005, 2007 and 2011 amendments updated fees and made technical adjustments. The 2011 amendments also inserted a new regulation 8 with the current annual fees for pearl diver’s, pearl boat and pearl boat master’s licences. The 2013 amendments updated references to the Fish Resources Management Regulations 1995 and made minor corrections. The 2017 amendments (part of a broader Fisheries Regulations Amendment (Fees) Regulations 2017) updated fee amounts. The most recent amendment, the Pearling (General) Amendment Regulations 2020 (SL 2020/129, gazetted 14 August 2020, operative 15 August 2020), inserted regulation 9B giving the CEO a general power to refund, reduce or waive fees. No further amendments appear in the compilation table.

The regulations themselves contain no case citations and do not refer to any decided cases. The compilation table and the defined terms list do not reference any litigation. No reported cases interpreting these regulations are disclosed in the source material. A search of Australian case law databases would be required to identify whether any decisions have been handed down under the Pearling Act 1990 or these regulations, but the source text provides no such information. Accordingly, any litigation history would need to be derived from external sources and cannot be stated on the basis of the regulations alone.

Several provisions create traps for the unwary.

Timing requirements are unforgiving. The annual notice of intent must be lodged by 15 November (regulation 11(1)). Late lodgment or failure to lodge means tags cannot be issued (regulation 24(1)(c) requires an annual notice of intent to have been lodged for the calendar year). The notice of pearling or hatchery activity must be lodged at least 48 hours before activities commence (regulation 12(b)). Daily log sheets must be completed by 2200 hours on the day. Dump record log sheets and seeding log sheets are subject to the same deadline. Forms must be lodged within 3 days of the end of the relevant operation if a notice of pearling or hatchery activity covers the period, or otherwise within 14 days (regulation 19A(3)). These timeframes are strict; the regulations contain no power to extend.

Container and tagging rules are highly technical. The number of pearl oysters in a designated container is not flexible - it equals the number of compartments, pockets or slots (regulation 5). Holding more oysters than that is an offence (regulation 21(3)). Containers must be filled consecutively with no more than two partly filled containers on board at any one time (regulation 23). Tags must be used in serial number order and applied as soon as a container is full. A second tag cannot be affixed if a tag is already present (regulation 29(3)). Tags must be removed by midnight on 31 December of the year of affixation, unless an inspector directs otherwise (regulation 30(1)). This means all tags used during a calendar year become dead at year-end; any remaining oysters in tagged containers must be re-tagged with new year tags or held without tags (if they fall within an exception). Removing tags prematurely from containers containing hatchery-produced or spat-collector oysters is prohibited until all oysters exceed minimum length (regulation 30(1a)). After removal, tags must be rendered incapable of reuse (e.g., cut or permanently locked).

Mixing of oysters is restricted. Broodstock must not be placed in the same designated container as wildstock (regulation 22(1a)). If required by an inspector, broodstock containers must be on separate long-lines from wildstock containers (regulation 32(1)(da)). On a holding site, seeded and unseeded oysters must not be dumped in the same dump (regulation 36(2)). The holder of a pearling (seeding) licence may only seed oysters that have not previously been seeded (regulation 44U(c)).

Seeding of spat is absolutely prohibited (regulation 40A). “Spat” includes oysters less than the minimum length (default 120 mm), or such other length as declared by the Minister. A pearl oyster is deemed over 40 mm if from a batch where the majority are over 40 mm at the time of taking (regulation 3(3)), but this deeming provision does not apply to the minimum length definition. Seeding a spat-sized oyster is an offence regardless of intent.

Only one licensee or permit holder may use a particular dump (regulation 35). This prohibition prevents sharing of dump infrastructure unless the dump is on a holding site or farm where multiple boats of the same licensee/permit holder may operate under a fleet master. Using a dump already used by another licensee or permit holder is an offence.

Transport without certificate of health. Oysters transported from a hatchery, to a quarantine site or from a quarantine site require a certificate of health in force (regulation 42(1)(g)). The certificate is valid for only 2 weeks from issue and only if no additional oysters have been transported to the source location since the sample was taken (regulation 42(2)). The same certificate requirement applies to oysters transported to a nursery site unless certain geographic exceptions apply (regulation 42(1)(h), (3)). Practitioners must ensure the certificate is current on the day of transport and that the batch has not been re-contaminated.

Loose or untagged oysters may only be held for seeding (regulation 41). This means that once oysters are removed from a tagged container for seeding, they cannot be held loose indefinitely; the regulation implies a temporal link to the seeding operation.

Quarantine and nursery site removal restrictions. Oysters on a quarantine site cannot be removed within 6 weeks of being transported there, except for disease testing, dead oyster disposal (if approved) or other approval (regulation 44L). Oysters on a nursery site cannot be removed unless for disease testing, dead disposal, disposal under regulation 44T (sale to appropriate licence holder) or other approval (regulation 44Q). Dead oysters over 90 mm (quarantine site) or over minimum length (nursery site) must be retained until disposal is approved - destroying them without approval is an offence.

Failure to mark and light. The holder of a farm lease must mark and light designated parts of the farm in an approved manner (regulation 38A). A failure to do so may create not only a regulatory offence but also a safety hazard for other vessels. The marking requirements for dumps and holding sites (75 cm master buoys with radar reflectors) are specific and must be adhered to exactly.

Notice of transport deemed not given if particulars omitted. Regulation 44 provides that if any of the required particulars (date, identifying particulars of the conveyance, source, location, number and destination of oysters, time and date of arrival) is omitted from the notice of transport, the notice is deemed not to have been given. This strict interpretation means a missing field invalidates the entire notice, exposing the transporter to an offence under regulation 42.

Electronic lodgment traps. If a form is lodged electronically, the person must keep a paper copy and sufficient documentation to prove the form was sent and the time and date it was sent (regulation 19A(2)). For any document sent electronically (not limited to forms), a paper copy together with a record of the day and time it was sent must be kept (regulation 48A). These record-keeping obligations are enforceable by $1,000 penalties.

Compliance with these regulations requires a systematic approach to documentation, physical handling and infrastructure maintenance.

Pre-season planning. Before 15 November each year, every licensee and permit holder must complete and lodge an annual notice of intent in the approved form (regulation 11). This form should set out the intended activities for the following calendar year. If a quota transfer occurs during the year, a new notice of intent must be lodged within 14 days (regulation 11(2)).

Prior notice of activities. At least 48 hours before commencing any pearling or hatchery activity, the licensee or permit holder must lodge a notice of pearling or hatchery activity describing the activities (regulation 12). This notice must be kept current and amended if circumstances change. For transport operations, prior notice must be given in the notice of pearling or hatchery activity (regulation 42(1)(a)) and any variation must be lodged at least 24 hours before transport (regulation 43).

Tag management. Apply to an inspector for pearl oyster identification tags (regulation 24). Tags will only be issued if the applicant holds a licence with a relevant condition, intends to take wildstock/broodstock or remove oysters from a nursery site for seeding, and has lodged an annual notice of intent. Allocate tags to each boat and record transfers between boats in the notice of pearling or hatchery activity (regulations 24(2), 27). Ensure tags are on board the boat before any taking operation (regulation 28). Use tags in serial number order (regulation 26(2)). Affix tags to designated containers as soon as they are full or after the last dive of the day (regulation 29). At year-end, remove all tags by midnight 31 December and render them incapable of reuse (regulation 30). For hatchery or spat-collector oysters, do not remove tags until all oysters in the container exceed minimum length (regulation 30(1a)).

Daily logging on the water. Masters of catcher boats must complete a pearl oyster fishing daily log sheet each day by 2200 hours (regulation 13). Dive time must be entered immediately after each dive ends. The catch section must be completed within 20 minutes of the dive end, unless the diver’s catch record log sheet alternative is used (regulation 14). Dump record log sheets must be completed by 2200 hours on each dumping day, except for dumping on farms or operated/returned dumps (regulation 15). Transport log sheets must be completed prior to transport and a paper copy kept on board (regulation 16). Seeding log sheets must be completed each day by 2200 hours (regulation 18). Tag log sheets must be completed daily whenever tags are issued, allocated, affixed or removed (regulation 18A).

Container discipline. Use only designated containers of the types specified in Schedule 1 (regulation 21). Ensure each container holds exactly the number of oysters equal to its compartments/pockets/slots (regulation 5). On catcher boats, fill containers consecutively with no more than two partly filled containers at any one time (regulation 23). Place oysters in containers within 20 minutes of the end of each dive (regulation 22). Keep broodstock separate from wildstock in different containers (regulation 22(1a)) and, if required by an inspector, on separate long-lines (regulation 32(1)(da)).

Dumping compliance. Mark each dump with a master buoy: surface float at least 75 cm diameter, branded with the dump number preceded by an approved abbreviated reference to the licensee/permit holder, with an aluminium radar reflector of at least 1.5 m² surface area (regulation 32(1)(b)). If an inspector requires additional marking and lighting, comply. Attach all tagged designated containers to long-lines with surface floats 15 cm diameter, branded with matching identifying numbers different from other long-lines. Ensure all long-lines are within 200 m of the master buoy or another approved 75 cm float. Only use a dump that has been identified by number in a dump record log sheet before dumping. Do not use a dump already used by another licensee or permit holder (regulation 35). If two or more boats are to use the same dump, nominate a fleet master in the notice of pearling or hatchery activity (regulation 33). Fleet masters must ensure compliance and make accurate maps of long-lines in relation to the master buoy (regulation 34).

Hatchery operations. After each batch of spat is removed from a tank, clean and disinfect the tank and all associated equipment using the procedure in Schedule 2 Division 1 (mechanical cleaning with sodium hydroxide at 60°C, drying, disinfection with iodine or chlorine, rinsing with filtered water, drying). Ensure water intake and discharge pipes are separated by approved distance and direction (regulation 44B(1)). Filter water for rearing spat to 20 µm or finer; autoclave or filter water for algal food; filter all other intake water through duplicate 20 µm filters; filter discharge water through sand or chlorinate (Schedule 2 Division 2). Filter air used for algal food through 0.2 µm sterile filters. Autoclave or clean/disinfect equipment for algal food before each use. Keep batches of spat separate and take steps to prevent cross-infection (regulation 44C). Maintain general operations and batch logbooks as described in regulation 44D. Only use broodstock produced in the hatchery or taken from Zones 1-3 of the pearl oyster fishery (regulation 44E). Do not supply hatchery-produced spat unless water is filtered to 20 µm or finer and a certificate of health is in force (regulation 44F).

Spat collection. Only collect spat under an appropriate licence or permit, using an approved spat collector, on an approved area of a pearl oyster farm (regulation 44G(1)). When selling spat collected from collectors, ensure the purchaser holds the appropriate licence (wildstock if over 40 mm, hatchery nursery if 40 mm or less) (regulation 44G(2)).

Quarantine and nursery sites. Use quarantine sites only for quarantine and disease testing (regulation 44H). Do not hold quarantined oysters anywhere else (regulation 44I). Comply with any inspector directions to clean and disinfect boats and equipment (regulation 44J). Notify an inspector within 24 hours after the last oyster is removed, dies or is destroyed (regulation 44K). Do not remove oysters from a quarantine site within 6 weeks of arrival except for disease testing, approved dead disposal, or other approval (regulation 44L). Retain dead oysters over 90 mm until disposal is approved and dispose of them as directed (regulation 44M). Use nursery sites only for growing out (regulation 44N). Only hold oysters on nursery sites if you hold a hatchery (nursery) licence or permit (regulation 44P). Do not remove oysters from a nursery site except for disease testing, approved dead disposal, disposal under regulation 44T, or other approval (regulation 44Q). Retain dead oysters exceeding minimum length on nursery sites until disposal is approved (regulation 44R). Only take spat under a hatchery (nursery) licence if the spat meet the size/source criteria in regulation 44S. Sell nursery-grown oysters only to wildstock licence holders (if over 40 mm) or to other hatchery (nursery) licence holders (if 40 mm or less and 12 months or younger) (regulation 44T). When seeding grown-out oysters, ensure they were taken under a hatchery (nursery) licence, grown out on a nursery site, and have not been previously seeded (regulation 44U).

Transport. Ensure oysters are in tagged designated containers unless an exception applies. Ensure prior notice is in the notice of pearling or hatchery activity. If a certificate of health is required (hatchery, quarantine, nursery transport), ensure a valid certificate is in force and no more than 2 weeks old (regulation 42(2)). Keep a paper copy of the transport log sheet on board (regulation 16). For seeding transport, use the transport (seeding) log sheet and keep a paper copy with the person (regulation 17). If varying a notice of transport, lodge the variation in writing or by facsimile/telex at least 24 hours before transport (regulation 43). Ensure the notice contains all required particulars (regulation 44); omission will deem it not given.

General housekeeping. Mark all floats used for these regulations with letters and numbers at least 6 cm high and 1 cm wide (regulation 46). Paint the pearl boat licence number on both sides of the hull at the turn of the bow, in black on yellow, with letters/numbers at least 30 cm high and 5 cm wide (or approved dimensions) (regulation 48). Keep all logbooks and records for at least 2 years from 31 December of the year of issue (regulation 19(3)). Keep paper copies of electronically sent documents together with proof of sending time and date (regulation 48A).