Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) For the purposes
of section 48(1)(b) of the Act all fish the subject of an aquaculture
licence are fish of a prescribed class.
(2) For the purposes
of section 48(1)(c) of the Act it is a defence that the fish was taken by
a person acting under an authority to fish for fish for scientific purposes
issued under regulation 178.
(3) For the purposes
of section 48(1)(c) of the Act it is a defence that the person is a
person to whom, or in relation to whom, section 90 of the Act does not
apply due to the operation of section 91 of the Act.
(4) For the purposes
of section 48(1)(c) of the Act, where the fish the subject of an
offence —
(a) is a
shark or ray that is commercially protected; and
(b) in
the case of a dusky shark, has an interdorsal fin length, within the meaning
in Schedule 2 Part 2 Division 2, of less than 70 cm,
it is a defence that
the fish was taken by a person acting under a managed fishery licence granted
in respect of —
(c) the
Marine Aquarium Fish Managed Fishery; or
(d) the
Kimberley Gillnet and Barramundi Managed Fishery; or
(e) any
other managed fishery the management plan for which specifically allows for
the taking of sharks or rays; or
(f) if
the fish is an Eagle Ray, the South Coast Estuarine Managed Fishery.
(5) For the purposes
of section 48(1)(c) of the Act, where the fish the subject of an offence
is a totally protected whaler shark other than a dusky shark, it is a defence
that the fish was taken by a person acting under a managed fishery licence
granted in respect of a managed fishery the management plan for which
specifically allows for the taking of sharks or rays.
(6) For the purposes
of section 48(1)(c) of the Act, where the fish the subject of an offence
is a weedy seadragon, it is a defence that the fish was taken by a person
acting under a managed fishery licence granted in respect of the Marine
Aquarium Fish Managed Fishery.
[Regulation 11 inserted in Gazette
10 Nov 2006 p. 4704‑5; amended in Gazette
13 Feb 2009 p. 298; 2 Nov 2011 p. 4620.]