Fish Resources Management Act 1994 (WA)

Western Australia Fish Resources Management Act 1994 Western Australia Fish Resources Management Act 1994 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Objects 1 4A. Precautionary principle, effect of 1 4. Terms used 1 5. WA waters 1 6. Aboriginal persons, application of Act to 1 7. Exemptions from Act, grant of by Minister 1 8. Crown bound 1 Part 2 — Administration 9. "Minister for Fisheries", body corporate 1 11. Fisheries officers and other staff, appointment of 1 12. Delegation by Minister 1 13. Delegation by CEO 1 14. Minister may carry out research etc. 1 Part 3 — Commonwealth‑State management of fisheries Division 1 — Preliminary 15. Terms used 1 Division 2 — Joint Authorities 16. Minister's powers and functions under Commonwealth Act 1 17. Judicial notice of signature etc. of Joint Authority member 1 18. Functions of Joint Authority 1 19. Delegation by Joint Authority 1 20. Procedure of Joint Authorities 1 21. Report of Joint Authority 1 Division 3 — Arrangements for management of particular fisheries 22. Arrangement for management under Commonwealth Act 1 23. Application of this Act to fisheries under arrangements 1 24A. Application of Commonwealth law to fisheries under arrangements 1 24. Joint Authority, functions of 1 25. Joint Authority, exercise of powers by 1 26. Provisions in this Act about offences etc., application of to Joint Authority fishery 1 27. Certain statements in arrangements, presumptions as to 1 28. Regulations etc. for fisheries under arrangements 1 Division 4 — Arrangements with other States and Territories 29A. Minister may enter into arrangements 1 29B. Minister's functions for this Division 1 Part 4 — Advisory Committees Division 4 — Fishery Management Advisory Committees 41. Committees, establishment and functions of 1 Division 5 — Other committees 42. Other committees, establishment and functions of 1 Division 6 — Operation of committees 43A. Regulations about operation of committees 1 Part 5 — General regulation of fishing Division 1 — Prohibited fishing 43. Minister may prohibit fishing 1 44. Minister's orders subject to disallowance by Parliament 1 Division 2 — Protected fish 45. Protected fish, prescription of 1 46. Totally protected fish, offences as to 1 47. Commercially protected fish, offences as to 1 48A. Recreationally protected fish, offences as to 1 48. Defences to charges under s. 46, 47 or 48A 1 49. Mutilation of fish to prevent determination, offence 1 Division 3 — Bag and possession limits 50. Bag limits for taking fish, regulations and offences as to 1 51. Possession limits for fish, regulations and offences as to 1 Division 4 — General penalty 52. General penalty for s. 43, 46, 47, 48A, 50 and 51 1 Part 6 — Management of fisheries Division 1 — Interpretation 53. Term used: authorisation 1 Division 2 — Management plans 54. Determination etc. of management plan 1 55. Instruments under s. 54 subject to disallowance by Parliament 1 56. Contents of management plans, general provisions 1 57. Expiry date for plan for interim managed fishery 1 58. Management plan may provide for authorisations etc. 1 59. Management plan may specify capacity of fishery 1 60. Management plan may provide for entitlements under authorisations 1 61. Management plan may prohibit fishing etc. 1 62. Management plan, miscellaneous provisions in 1 63. How interim managed fishery becomes managed fishery 1 Division 3 — Procedure before determining or amending management plans 64. Procedure before determining management plan 1 65. Procedure before amending management plan 1 Division 4 — Managed fishery licences and interim managed fishery permits 66. Authorisations, grant of 1 67. Duration of authorisations 1 68. Renewal of authorisations 1 69. Conditions in authorisations 1 70. Authorisation ceases to have effect if management plan ceases to have effect 1 71. Prior fishing confers no right to authorisation 1 72. Grant of authorisation confers no right to subsequent authorisation 1 73. Other licences do not authorise fishing in fishery 1 73A. Authorisation is subject to restrictions in relation to certain marine reserves 1 Division 5 — Offences 74. Contravening management plan 1 76. Offence under s. 74(1) or 77(1), court to order reduction of entitlement in certain cases of 1 77. Contravening condition of managed fishery licence or managed fishery permit, offence 1 78A. Regulations relating to cancellations under s. 224 1 Part 7 — Fish processing 79. When permit to construct place to process fish required 1 80. Permit for processing fish, grant of 1 81. Conditions on s. 80 permits 1 82. When fish processor's licence required 1 83. Fish processor's licence, grant of 1 84. Duration of licence 1 85. Renewal of licence 1 86. Licensee not to process or store fish except at place specified in licence 1 87. Conditions on fish processor's licence 1 88. Contravening condition of permit or licence, offence 1 89. Regulations about processing etc. fish 1 Part 8 — Aquaculture Division 1 — Aquaculture licences 90. When licence required 1 91. Exceptions to s. 90 1 92A. Applicant for licence to have management and environmental monitoring plan (MEMP) 1 92. Licence, grant of 1 93. Duration of licence 1 94. Renewal of licence 1 95. Conditions of licences 1 96. Contravening licence, offence 1 97A. Contravening MEMP, offence 1 97B. Temporary aquaculture permits, grant of 1 Division 2 — Aquaculture leases 97C. Methods by which Minister may offer areas for lease 1 97. Leases, grant of 1 98. Certain marine reserves, grant of leases in 1 98A. Certain marine reserves, renewal of leases in 1 99. Aquaculture licence and aquaculture lease, relationship of 1 100A. Contravening lease, offences 1 100. Termination of lease 1 101. Clean‑up and rehabilitation of former leased area 1 Division 3 — Miscellaneous matters 101A. Minister's powers as to aquaculture 1 102. Regulations about aquaculture 1 Part 9A — Exotic fish 103A. Accidental introduction of exotic fish into WA waters, CEO's powers to reduce risk of 1 Part 9 — Noxious fish 103. Noxious fish, prescription of 1 104. Noxious fish, offences as to 1 105. Noxious fish not to be brought into the State etc. 1 106. Fisheries officers' powers as to people with noxious fish 1 107. Destroying noxious fish, recovering costs of 1 108. No compensation payable for incidental damage 1 Part 10 — Designated fishing zones 109. Designated fishing zones, prescription of 1 110. Marine reserve, no designated fishing zone in 1 111. Signs indicating zones to be erected 1 112. Fisheries officers' powers as to people in designated fishing zones 1 113. Regulations about designated fishing zones 1 Part 11 — Fish habitat protection areas and Abrolhos Islands reserve Division 1 — Fish habitat protection areas 114. Application of Division to other Acts 1 115. Fish habitat protection areas, creating 1 116. Marine reserve, no fish habitat protection area in 1 117. Draft plan for fish habitat protection area, Minister to determine 1 118. Notice of proposal to create fish habitat protection area 1 119. Control and management of fish habitat protection areas 1 120. Regulations about fish habitat protection areas 1 Division 2 — Abrolhos Islands reserve 121. Regulations about reserve 1 122. Control and management of reserve 1 123. Parks and Reserves Act 1895, application of to reserve 1 Part 12 — Register 124. Registrar 1 125. Register of authorisations etc. 1 126. Information to be included in register 1 127. Application to have security interest in authorisation etc. noted 1 128. Notation of security interest 1 129. Irrelevant matters for purpose of s. 128 1 130. Security holder noted in register to be notified of certain events affecting security 1 131. Removing or varying notation of security interest 1 132. Register may be amended 1 133. No compensation payable because of Registrar's acts 1 134. Regulations about register 1 Part 13 — General provisions relating to authorisations 135. Applications for grant etc. of authorisation 1 136. Grant of authorisations not as of right 1 136A. Marine reserves, grant and renewal of authorisations for areas in 1 137. Effect of authorisations 1 138. Form of authorisations 1 139. Renewal after expiry 1 140. Transfer of authorisations 1 141. Temporary transfer of entitlements under authorisations 1 142. Varying authorisations 1 143. Cancelling, suspending and non‑renewal of authorisations 1 144. Voluntary surrender of authorisations 1 145. Return of authorisations, CEO may require 1 146A. Death of individual who holds authorisation 1 Part 14 — Right to object or apply for review 146. Term used: affected person 1 147. CEO to notify persons of certain decisions 1 148. CEO to publish notice of certain decisions 1 149. Review by SAT of certain decisions 1 150. Authorisation continues pending review decision about renewal 1 151. CEO to give notice of when decision listed in s. 147(1) has effect 1 152. SAT to give notice of decision on review 1 Part 15A — Fish trafficking 153. Terms used 1 154. Trafficking in fish defined 1 155. Trafficking in commercial quantity of priority fish, offence 1 156. Regulations about trafficking in fish 1 Part 15 — Miscellaneous offences 170. Explosives and noxious substances not to be used for fishing 1 171. Preventing etc. lawful fishing activities, offence 1 172. Removing fish from etc. fishing gear etc. without authority, offence 1 173. Purchase or sale of fish taken unlawfully, offence 1 174. Foreign boat not to be used for fishing etc., offence 1 175. Foreign boat equipped with fishing gear, possession of is offence 1 175A. Mandatory maximum sentences for individuals convicted of third or subsequent offences under s. 174 or 175 1 176. False statements in applications 1 Part 16A — Emergency powers to deal with biological threats 177A. Application of Part 1 177B. Terms used 1 177C. Biological threats, CEO's powers to deal with 1 Part 16 — Fisheries officers 177. Certificate of appointment, issue of etc. 1 178. Certificate of appointment, production of 1 179. Honorary fisheries officers, appointment of etc. 1 180. Police officers to have powers of fisheries officers 1 181. Naval officers to have powers of fisheries officers in dealing with foreign boats 1 182. Powers to enter certain places to inspect certain matters 1 183. Powers to enter and search land to investigate offences 1 184. Powers to enter and search non‑residential premises 1 185. Powers to enter and search residential premises 1 186. Powers to enter and search tents etc. where fish or gear is suspected to be 1 187. Warrants to enter and search places 1 188. Warrants may be granted by telephone etc. 1 189. Powers to obtain certain information 1 190. Powers to inspect etc. authorisations etc. 1 191. Other powers 1 191A. Powers under Animal Welfare Act 2002 to prevent cruelty to fish 1 192. Powers to arrest without warrant 1 193. Powers to seize things 1 194. Powers to deal with seized fish 1 195. Powers to seize abandoned etc. fishing gear 1 196. Interfering with seized property, offence 1 197. Power to require assistance from people 1 198. Duty to try to minimize damage 1 199. False or misleading information to fisheries officer, offence 1 200. Obstructing etc. fisheries officers 1 Part 17 — Legal proceedings Division 1 — Proceedings 201. Prosecutions, institution of etc. 1 Division 2 — Responsibility of certain persons 202. Masters' liability 1 202A. Person in charge of a fishing tour, liability of 1 202B. Authorisation holder, liability of for offences by co‑holders 1 203. Authorisation holder, liability of for offences by agents of 1 204. Liability of officers for offence by body corporate 1 Division 3 — Evidentiary provisions 205. Exemptions etc., onus of proving 1 206. Place of offence, proof of 1 207. Foreign boat, proof as to 1 208. Contents etc. of package etc., proof of 1 209. Fish taken for sale, proof as to 1 210. Fish on fishing boats and commercial premises etc. presumed to be for sale 1 211. Purpose or intent, proof of 1 212. Authorisations etc., evidence as to 1 213. Species of fish etc., evidence as to 1 214. Size etc. of fish, determining 1 215. Accuracy of fisheries officers' equipment, presumption as to 1 216. Positions on Earth, determining 1 Division 4 — Forfeiture 217. Seized things, return of and security for 1 218. Forfeiture of fish, gear etc., court orders for 1 219. Unclaimed seized things, forfeiture of 1 220. Certain fish forfeited when seized 1 221. Forfeited things, disposal of 1 Division 5 — Additional penalties 222. Additional penalty based on value of fish for certain offences 1 223. Cancelling or suspending authorisation, court's powers for 1 224. Automatic suspension if 3 offences committed in 10 year period 1 225. Prohibitions on offender, court's powers to impose etc. 1 Division 6 — Infringement notices 226. Term used: authorised person 1 227. Authorised persons, appointment of 1 228. Infringement notices, service of 1 229. Infringement notices, form of 1 230. Extending time to pay modified penalty 1 231. Withdrawal of infringement notice 1 232. Payment of modified penalty, consequences of 1 Part 18 — Financial provisions Division 1 — Collection of levy imposed under Fishing Industry Promotion Training and Management Levy Act 1994 233. When and to whom levy is payable 1 234. Payment by instalments 1 235. Exemption from levy 1 236. Penalty for non‑payment 1 237. Recovery of levy 1 Division 2 — Accounts 238. Fisheries Research and Development Account 1 239. Recreational Fishing Account 1 240. Fishing Industry Promotion Training and Management Levy Account 1 243. Financial Management Act 2006 and Auditor General Act 2006, application of 1 Part 19 — Miscellaneous 244. Protection from personal liability 1 246. Administrative guidelines, issue and effect of 1 247. Guidelines about foreign interests, issue of 1 248. Consultation before issue etc. of guidelines under s. 246 or 247 1 249. Inquiry into holder etc. of authorisation, commencement and conduct of 1 250. Confidential information, divulging 1 251. Exclusive licences to take fish, grant of 1 252. Marine reserve, no exclusive licence to be granted in 1 254. Waterway works, public authority to notify Minister of 1 255. Activities that pollute waters, Minister may prohibit 1 256. Regulations, general power to make 1 257. Regulations about licensing 1 258. Regulations, miscellaneous subjects for 1 259. Categories of fish, prescription of 1 261. Notices etc., service of 1 262. Orders, regulations etc., CEO to make publicly available 1 263. Annual report of Department, content of 1 Part 20 — Transitional matters Division 1 — Transitional matters for Fish Resources Management Act 1994 266. Fish Resources Management Act 1994, provisions for (Sch. 3) 1 Division 2 — Transitional matters for Fish Resources Management Amendment Act 2011 267. Term used: amending Act 1 268. Exemptions under s. 7 1 269. Application of extended period for service of infringement notices under s. 228 1 270. Transfer of money in accounts under repealed s. 241 and 242 1 Schedule 3 — Savings and transitional provisions for Fish Resources Management Act 1994 1. Interpretation Act 1984 not affected 1 2. Director of Fisheries 1 3. Inspectors 1 4. Honorary inspectors 1 5. Fisheries Research and Development Fund 1 7. Arrangements 1 8. Limited entry fishery taken to be managed fishery 1 9. Limited entry fishery notice taken to be management plan 1 10. Limited entry fishery licence continued in force 1 11. Permit to establish processing establishment continued in force 1 12. Processor's licence continued in force 1 13. Fish farm licence continued in force 1 14. Proclaimed fishing zones continued in force 1 15. Fishing boat licence continued in force 1 16. Carrier boat licence continued in force 1 17. Professional fisherman's licence continued in force 1 18. Recreational fishing licence continued in force 1 19. Transitional regulations 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Fish Resources Management Act 1994 An Act relating to the management of fish resources, including the development and management of fisheries and aquaculture and the conservation of fish and other aquatic resources and their habitats, and for related purposes. [Long title inserted: No. 43 of 2011 s. 4.] Part 1 — Preliminary 1. Short title This Act may be cited as the Fish Resources Management Act 1994. 2. Commencement This Act comes into operation on such day as is fixed by proclamation. 3. Objects (1) The objects of this Act are — (a) to develop and manage fisheries and aquaculture in a sustainable way; and (b) to share and conserve the State's fish and other aquatic resources and their habitats for the benefit of present and future generations. (2) Those objects will be achieved by these means in particular — (a) conserving fish and protecting their environment; (b) ensuring that the impact of fishing and aquaculture on aquatic fauna and their habitats is ecologically sustainable and that the use of all aquatic resources is carried out in a sustainable manner; (c) enabling the management of fishing, aquaculture, tourism that is reliant on fishing, aquatic eco‑tourism and associated non‑extractive activities that are reliant on fish and the aquatic environment; (d) fostering the sustainable development of commercial and recreational fishing and aquaculture, including the establishment and management of aquaculture facilities for community or commercial purposes; (e) achieving the optimum economic, social and other benefits from the use of fish resources; (f) enabling the allocation of fish resources between users of those resources, their reallocation between users from time to time and the management of users in relation to their respective allocations; (g) providing for the control of foreign interests in fishing, aquaculture and associated industries; (h) enabling the management of fish habitat protection areas and the Abrolhos Islands reserve. [Section 3 inserted: No. 43 of 2011 s. 5.] 4A. Precautionary principle, effect of In the performance or exercise of a function or power under this Act, lack of full scientific certainty must not be used as a reason for postponing cost‑effective measures to ensure the sustainability of fish stocks or the aquatic environment. [Section 4A inserted: No. 43 of 2011 s. 5.] 4. Terms used (1) In this Act, unless the contrary intention appears — Aboriginal body corporate means — (a) a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Commonwealth); or (b) an incorporated association under the Associations Incorporation Act 2015 the membership of which is wholly or principally composed of Aboriginal persons; Aboriginal person means a member of the Aboriginal race of Australia; Abrolhos Islands reserve means Reserve No. 20253 classified as of Class "A"; aquaculture means the keeping, breeding, hatching, culturing or harvesting of fish; aquaculture gear means any equipment, implement, device, apparatus or other thing used or designed for use for, or in connection with, aquaculture — (a) whether the gear contains fish or not; and (b) whether the gear is used for aquaculture or for navigational lighting or marking as a part of aquaculture safety, and includes gear used to delineate the area of an aquaculture licence, temporary aquaculture permit or aquaculture lease; aquaculture lease means a lease granted under section 97; aquaculture licence means an aquaculture licence granted under section 92; aquatic eco‑tourism means tourism relating to fish in their natural environment and includes the viewing or feeding of fish but does not include the taking of fish; aquatic resources includes biochemicals, genetic resources, organisms, populations and other biotic components of an aquatic ecosystem that are of actual or potential use, or of actual or potential value, to humanity; Australian fishing zone has the same meaning as in the Commonwealth Act; authorisation means a licence or permit; bed, in relation to any waters, means the land permanently or intermittently covered by the waters or the land over which the waters permanently or intermittently flow; boat means a vessel, craft or floating platform of any description that is capable of use in or on water, whether floating or submersible; broodstock means fish taken or kept for breeding; bycatch reduction device means fishing gear designed or intended to reduce the capture of bycatch; category 1 fish means any fish of a species prescribed under section 259 to be category 1 fish; category 2 fish means any fish of a species prescribed under section 259 to be category 2 fish; category 3 fish means any fish of a species prescribed under section 259 to be category 3 fish; category 4 fish means any fish of a species prescribed under section 259 to be category 4 fish; CEO means the chief executive officer of the Department; coastal waters, in relation to the State, has the same meaning as in the Commonwealth Act; commercial fishing means fishing for a commercial purpose; commercial fishing licence means a licence granted under the regulations authorising an individual to engage in commercial fishing; commercial purpose means the purpose of sale or any other purpose that is directed to gain or reward; commercially protected fish means any fish of a class prescribed under section 45 to be commercially protected fish; Commonwealth Act means the Fisheries Management Act 1991 of the Commonwealth; customary fishing means fishing by an Aboriginal person that — (a) is in accordance with the Aboriginal customary law and tradition of the area being fished; and (b) is for the purpose of satisfying personal, domestic, ceremonial, educational or non‑commercial communal needs; Department means the department of the Public Service principally assisting the Minister in the administration of this Act; designated fishing zone means an area prescribed under section 109 to be a designated fishing zone; document includes any tape, disc or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise; entitlement means an entitlement that a person has from time to time under a managed fishery licence or an interim managed fishery permit; exclusive licence means an exclusive licence granted under section 251; exemption means an exemption granted under section 7; exotic fish means fish of a species that is not native to WA waters; export, from the State, means to export from the State — (a) whether interstate or overseas; and (b) whether for a commercial or other purpose; fish means an aquatic organism of any species (whether alive or dead) and includes — (a) the eggs, spat, spawn, seeds, spores, fry, larva or other source of reproduction or offspring of an aquatic organism; and (b) a part only of an aquatic organism (including the shell or tail); and (c) live rock and live sand, but does not include aquatic mammals, aquatic reptiles, aquatic birds, amphibians or (except in relation to Part 3 and Division 1 of Part 11) pearl oysters; fish aggregating device includes an artificial reef or other man‑made structure that is used or intended to be used for, or is made or adapted for use for, attracting fish or increasing fish production; fish habitat protection area means an area set aside under section 115 as a fish habitat protection area; fish processor's licence means a fish processor's licence granted under section 83; fisheries officer means a fisheries officer referred to in section 11; fishery means — (a) one or more stocks or parts of stocks of fish that can be treated as a unit for the purposes of conservation or management; and (b) a class of fishing activities in respect of those stocks or parts of stocks of fish; fishing or fishing activity means any of the following — (a) searching for fish; (b) attempting to take fish; (c) taking fish; (d) engaging in any other activity that can reasonably be expected to result in the taking of fish; fishing boat means a boat that is used for commercial fishing; fishing boat licence means a licence granted under the regulations authorising a person to use a boat for commercial fishing; fishing gear means any equipment, implement, device, apparatus or other thing used or designed for use for, or in connection with, fishing; fishing tour means a tour a central purpose of which is to provide an opportunity for recreational fishing and may include the provision of fishing guidance, fishing gear, accommodation or transport; foreign boat has the same meaning as in the Commonwealth Act; forfeited entitlement means the amount by which an entitlement is reduced under section 76; honorary fisheries officer means an honorary fisheries officer appointed under section 179; interim managed fishery means a fishery declared by a management plan to be an interim managed fishery; interim managed fishery permit, in relation to an interim managed fishery, means — (a) a permit granted under section 66 in respect of that fishery; or (b) a permit that is taken under section 78A(3) to have been granted under section 66 in respect of that fishery; levy means a levy imposed under the Fishing Industry Promotion Training and Management Levy Act 1994; licence means any of the following — (a) an aquaculture licence; (b) a commercial fishing licence; (c) a fishing boat licence; (d) a fish processor's licence; (e) a managed fishery licence; (f) a recreational fishing licence; (g) any other licence provided for in the regulations; managed fishery means a fishery declared by a management plan to be a managed fishery; managed fishery licence, in relation to a managed fishery, means — (a) a licence granted under section 66 in respect of that fishery; or (b) a licence that is taken under section 78A(3) to have been granted under section 66 in respect of that fishery; management plan, in relation to a fishery, means a management plan determined for that fishery under section 54; marine management area has the same meaning as in the Conservation and Land Management Act 1984; marine nature reserve has the same meaning as in the Conservation and Land Management Act 1984; marine park has the same meaning as in the Conservation and Land Management Act 1984; master, in relation to a boat, means the person for the time being having the command, charge or management of the boat; MEMP, for an aquaculture licence, means a management and environmental monitoring plan prepared under section 92A in relation to the activity authorised under the licence; noxious fish means any live fish of a species prescribed under section 103 to be noxious fish; noxious substance means any substance that may be harmful to fish; peak industry body means such body (whether incorporated or not) as is prescribed for the purposes of this definition; pearl oyster has the same meaning as in section 3(1) of the Pearling Act 1990; permit means — (a) an interim managed fishery permit; or (b) a permit granted under section 80; place means any land, building, structure (whether permanent or temporary), tent, boat, aircraft or vehicle or any part of any land, building, structure, tent, boat, aircraft or vehicle; possession includes having under control in any place, whether for the use or benefit of the person in relation to whom the term is used or another person, and whether or not another person has the actual possession or custody of the thing in question; precautionary principle means the principle set out in section 4A; premises includes part of any premises but does not include — (a) an unauthorised structure; or (b) a caravan that is not in an area registered as a caravan park by a local government or regional local government; private land means any land that — (a) is alienated from the Crown for any estate of freehold; or (b) is the subject of a conditional purchase agreement, or of any lease or concession with or without a right of acquiring the fee simple in that land; process means cut up, break up, shell, skin, shuck, fillet, cook, void, purge, pack, chill, freeze, can, preserve, or otherwise treat any fish and, in relation to fish of a prescribed class, includes hold or consign the fish live for export; protected fish means — (a) totally protected fish; or (b) commercially protected fish; or (c) recreationally protected fish; purchase includes each of the following — (a) to take in exchange; (b) to agree or offer to take in exchange; (c) to receive, accept or take delivery under an agreement to take in exchange; (d) to attempt to purchase, but does not include to conduct a prescribed transaction, or a transaction in a prescribed class of transactions, if the transaction is conducted by an Aboriginal person; record includes any document, whether or not it has been completed; recreational fishing means fishing other than commercial fishing or customary fishing; recreational fishing licence means a licence granted under the regulations authorising an individual to engage in recreational fishing; recreationally protected fish means any fish of a class prescribed under section 45 to be recreationally protected fish; register means the register kept under section 125; Registrar means the Registrar referred to in section 124; repealed Act means the Fisheries Act 1905; return means a return that is required under this Act to be submitted to or lodged with the CEO; security holder, in relation to an authorisation or aquaculture lease, means a person noted on the register as having a security interest in the authorisation or aquaculture lease; security interest, in relation to an authorisation or aquaculture lease, means an interest in the authorisation or aquaculture lease (however arising) which secures payment of a debt or other pecuniary obligation or the performance of any other obligation; sell includes each of the following — (a) to auction; (b) to put out to tender; (c) to barter or exchange; (d) to supply for profit; (e) to offer for sale; (f) to receive or possess for sale; (g) to expose for sale; (h) to consign or deliver for sale; (i) to dispose of by way of raffle, lottery or other game of chance, but does not include to conduct a prescribed transaction, or a transaction in a prescribed class of transactions, if the transaction is conducted by an Aboriginal person; species includes subspecies, hybrid or variant; specified, in relation to a regulation, management plan, order, notice or other instrument, means specified in the regulation, management plan, order, notice or other instrument (as the case may be); take, in relation to fish, includes catch, capture, entrap, enclose, gather, remove, poison, stun, kill or destroy fish by any means; temporary aquaculture permit means a temporary aquaculture permit granted under section 97B(1); this Act includes regulations, orders and management plans made or determined under this Act; totally protected fish means any fish of a class prescribed under section 45 to be totally protected fish; unauthorised structure means any hut, shack or other structure on land other than private land the erection of which has not been authorised under a written law; unit, in relation to an entitlement, means a unit as defined from time to time in the relevant management plan; vary, in relation to an authorisation, means to vary anything in the authorisation and includes to substitute any boat, place or other thing in respect of which the authorisation is granted; vehicle has the same meaning as in the Road Traffic (Administration) Act 2008 section 4; waters includes — (a) the bed or subsoil, if any, under any waters; and (b) the airspace above any waters; WA waters has the meaning given by section 5. (2) A class of fishing activities or a fishery may be defined in an order, management plan, regulation, arrangement, notice, authorisation or other instrument by reference to all or any of the following — (a) a species or type of fish; (b) a description of fish by reference to sex, weight, size, reproductive cycle or any other characteristic; (c) an area of land or waters; (d) a method of fishing; (e) a type of fishing gear; (f) a class of boats, vehicles or aircraft; (g) a class of persons; (h) a purpose of activities. [Section 4 amended: No. 14 of 1996 s. 4; No. 5 of 1997 s. 46; No. 41 of 2000 s. 5; No. 2 of 2002 s. 5; No. 74 of 2003 s. 56(2); No. 55 of 2004 s. 381; No. 28 of 2006 s. 232; No. 43 of 2011 s. 6; No. 8 of 2012 s. 111; No. 30 of 2015 s. 232.] 5. WA waters In this Act, a reference to WA waters — (a) is a reference to all waters within the limits of the State; and (b) except for purposes relating to a fishery that is to be ma