Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A person engaged
for a commercial purpose in any activity referred to in subregulation (2)
must keep records relevant to that activity relating to the following matters
and must retain those records for a period of not less than
7 years —
(a) the
catch of fish;
(b)
sales of fish or fish products;
(c)
output of fish or fish products;
(d)
purchases of fish or fish products;
(e)
receipts of fish or fish products;
(f)
fishing gear or equipment bought, sold or used;
(g)
times and places of fishing, or carrying out the relevant business of the
person;
(h)
stocks of live fish and live fish production.
(2) For the purposes
of subregulation (1), the activities are —
(a)
taking fish for sale;
(b)
taking any species of fish for use as bait by persons engaged in commercial
fishing;
(c)
taking for any purpose not prohibited under section 47 of the Act any
commercially protected fish;
(d)
dealing in or purchasing for resale, or exporting or importing, live fish or
their products;
(e)
aquaculture;
(f)
selling fish at a market or at an establishment at which fish are sold that
have not passed through a market;
(g)
processing fish;
(h)
transporting fish or fish products;
(i)
purchasing or receiving fish;
(j)
operating a charter boat;
(k)
conducting a fishing tour.
(3) A person who is
the holder of a fishing boat licence or carrier boat licence must keep a
record in a form approved by the CEO of the name, address and details of any
commercial fishing licence held by a person who for any period is the master,
or has the day to day control, of the boat in respect of which the licence is
held.
(4) Subject to
subregulation (6), a person who is to keep records under this regulation
must submit a return to the Department regarding the activity each month and,
where the CEO has approved a form for that activity, must —
(a) use
the relevant form approved by the CEO; and
(b) send
the return relating to each month —
(i)
to the head office of the Department in Perth; or
(ii)
if another office of the Department is specified in the
relevant form, to that office,
to arrive —
(iii)
not later than the 15th day of the following month; or
(iv)
if a later day is specified in the relevant form, not
later than that day.
(5) A person who
purchases or receives any fish must ensure that the record to be kept under
this regulation —
(a)
exists or is made at the time that the fish is purchased or received; and
(b)
specifies —
(i)
the quantity and species of the fish purchased or
received; and
(ii)
the date of that purchase or receipt; and
(iii)
the name and address of the person from whom the fish
were purchased or received;
and
(c) is
kept at the place where the fish are purchased or received.
(6) The CEO may exempt
a person who is to keep records under this regulation from submitting a
monthly return under subregulation (4) for the period of time, or in
respect of the activities, specified in writing and sent to the person who is
to be exempt.
(6a) A person who has
conducted a fishing tour on a boat must complete the records referred to in
subregulation (1) before any participant in the tour leaves the boat.
(7) A person must not
make an entry or statement that is false or misleading in a material
particular in a record kept or a return submitted under this regulation.
Penalty: In the case of an individual $5 000
or, in the case of a body corporate, $10 000 and in either case in
relation to an offence under subregulation (5), the penalty provided in
section 222 of the Act.
[Regulation 64 amended in Gazette
15 Jan 1999 p. 113; 13 Aug 1999 p. 3826;
29 Jun 2001 p. 3164; 27 Jun 2003 p. 2389;
6 Jul 2007 p. 3389; 5 Nov 2009 p. 4412; 1 Mar
2011 p. 667.]
[Heading inserted in Gazette 1 Oct 2003
p. 4304.]
[Heading inserted in Gazette 1 Oct 2003
p. 4304.]