1 Name
This Ordinance is the Christmas Island Applied Laws Amendment (Fish Resources Management) Ordinance 2022.
2 Commencement
(1) Each provision of this Ordinance specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Ordinance | The day after this Ordinance is registered. | 23 March 2022 |
Note: This table relates only to the provisions of this Ordinance as originally made. It will not be amended to deal with any later amendments of this Ordinance.
(2) Any information in column 3 of the table is not part of this Ordinance. Information may be inserted in this column, or information in it may be edited, in any published version of this Ordinance.
3 Authority
This Ordinance is made under the Christmas Island Act 1958.
4 Schedules
Each instrument that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Ordinance has effect according to its terms.
Schedule 1—Amendments
Christmas Island Applied Laws Ordinance 1992
1 After section 3
Insert:
4 Rules—fish resources management
(1) The Minister may, by legislative instrument, make rules:
(a) so as to amend Part 15A of Schedule 1 to this Ordinance; or
(b) to make application, saving or transitional provisions in relation to such amendments.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax.
(3) Before making rules under this section, the Minister must consult with an advisory committee established under section 42 of the Fish Resources Management Act 1994 (WA) as it applies in the Territory.
2 After Part 14 of Schedule 1
Insert:
Part 15—Fish Resources Management Act 1994 (WA) (CI)
1 At the end of section 42
Add:
(4) The Minister of the Commonwealth who administers this Act as in force in the Territory:
(a) must, as soon as practicable after the commencement of this subsection, establish an advisory committee under subsection (1); and
(b) despite subsection (3), ensure that at least one such committee is established at any time.
Part 15A—Fish Resources Management Regulations 1995 (WA) (CI)
1 Subregulation 3(1) (definition of day trip)
Repeal the definition, substitute:
day trip means a voyage undertaken by a person on a boat, except a voyage which has taken place over more than one day;
2 Subregulation 3(1) (definition of one day)
Repeal the definition, substitute:
one day means a period of 24 hours commencing at midnight;
3 Regulation 14
Repeal the regulation, substitute:
14 Finfish to be landed as whole fish, or as fish trunks or fillets
(1) A person must not be in possession of a finfish on a boat or bring a finfish onto land unless it is:
(a) a whole fish; or
(b) a fish trunk that has the skin and scales attached; or
(c) a fillet that:
(i) has the skin and scales attached; and
(ii) is packaged flat; and
(iii) is packaged so that it is easily accessible for identification; and
(iv) if the fish is frozen—can be measured and identified without being thawed.
Penalty: a fine of $3,000 and the penalty provided in section 222 of the Act.
(2) Subregulation (1) does not apply to:
(a) finfish taken for a commercial purpose in accordance with an authorisation; or
(b) finfish on a boat if the finfish is:
(i) being consumed; or
(ii) prepared, or being prepared, for immediate consumption by persons on the boat.
4 Regulations 16D, 16DB, 16E, 16GA, 22 and 22AA
Repeal the regulations.
5 Subregulations 31(1) and (3)
Repeal the subregulations.
6 Subregulation 31(4)
Omit “or (3)”.
7 Paragraphs 32(1)(b) and (c)
Repeal the paragraphs, substitute:
(b) in the case of a pot set or pulled from a licensed fishing boat—is marked by branding or stamping with legible characters not less than 60 mm high and not less than 10 mm wide showing the licensed fishing boat number of the boat.
8 Paragraph 36(1)(b)
Repeal the paragraph.
9 Subregulation 36(2B)
Repeal the subregulation.
10 Regulation 37
Repeal the regulation, substitute:
37 Offences against r.36, defences for
In any proceedings for an offence against regulation 36(1)(c), it is a defence for the person charged to prove that the person did not know and could not reasonably have known that 6 rock lobster pots had already been pulled by persons on board the boat in the relevant period.
11 Regulation 42
Repeal the regulation.
12 At the end of Division 8 of Part 4
Add:
64AB Fish at Christmas Island Airport
(1) The following requirements apply to the possession of fish by a person in the area of Christmas Island Airport:
(a) the maximum quantity of fish that a person may possess is 10 kg;
(b) if the fish is finfish, it must:
(i) have the skin attached; and
(ii) be packaged flat;
(c) the fish must be packaged so that it is easily accessible for identification;
(d) if the fish is frozen, it must be able to be identified without being thawed.
(2) A person in the area of Christmas Island Airport must not have any fish in the person’s possession that does not meet the requirements of subregulation (1).
Penalty: a fine of $3,000 and the penalty provided in section 222 of the Act.
(3) It is a defence in proceedings for an offence against subregulation (2) for the person charged to prove that:
(a) the fish were taken for a commercial purpose in accordance with an authorisation; or
(b) the fish were kept, bred, hatched, cultured or harvested in accordance with an aquaculture licence; or
(c) the fish were taken under an authority to fish for scientific purposes issued under regulation 178.
(4) In this regulation:
area of Christmas Island Airport means lot 598 on Deposited Plan 37939.
13 Subregulation 64E(3)
Repeal the subregulation (not including the penalty).
14 Subregulations 64F(1) and (2)
Repeal the subregulations, substitute:
(1) A person must not fish by means of using a fishing net, unless the person uses only one net at any one time and the net is:
(a) a throw net that:
(i) has a length not exceeding 3 m measured from the centre retrieval line to the lead line; and
(ii) has a mesh of not more than 25 mm; or
(b) a hand‑held landing net with a hoop or ring not exceeding 1 m in diameter.
15 At the end of Division 2 of Part 4A
Add:
64LA Spearfishing using breathing apparatus prohibited
A person must not fish with a spear or spear gun while using compressed air breathing apparatus.
Penalty: a fine of $3,000 and the penalty provided in section 222 of the Act.
16 At the end of Division 4 of Part 4A
Add:
64U Spearfishing prohibited in area of Flying Fish Cove
(1) A person must not fish with a spear gun, harpoon, Hawaiian sling or other pointed instrument in the waters of the area described in subregulation (2).
Penalty: a fine of $3,000 and the penalty provided in section 222 of the Act.
(2) The area is bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.
Area where spearfishing prohibited—Flying Fish Cove |
Item | Description |
1 | The northernmost point of the Port of Christmas Island jetty |
2 | Westerly along the geodesic towards the point 10°25.690′S, 105°39.895′E to its intersection by the high water line |
3 | Generally easterly along that high water line to its intersection by the eastern side of the jetty |
4 | Generally northerly along the eastern side of the jetty to the starting point |
17 Subparagraph 64W(1)(b)(i)
Omit “in accordance with regulation 16D(1) Table items 1, 2 and 4”.
18 Paragraph 64W(1)(c)
Repeal the paragraph.
19 Regulation 64X
Repeal the regulation, substitute:
64X Counting pieces of fish for bag limits
For the purpose of determining the number of fish in relation to a bag limit:
(a) 2 pieces of finfish are taken to be equivalent to one whole finfish; and
(b) a piece of clam meat is taken to be equivalent to a whole clam.
20 Division 2 of Part 4B
Repeal the Division, substitute:
Division 2—Bag limits for Territory
64Y Territory bag limits
For the purposes of section 50 of the Act, the quantity of fish appearing under the heading “Species, or group of species, bag limit” in a Part of Schedule 3 is the bag limit in respect of fish of that species or group of species in the Territory.
21 Subregulation 117(1)
After “current fishing boat licence”, insert “granted under regulation 118 as it applies in the Territory”.
22 At the end of subregulation 121(1)
Add “granted under regulation 122 as it applies in the Territory”.
23 Division 2 of Part 11
Repeal the Division.
24 Regulation 156 (table)
After “64AA(2B),”, insert “64AB, 64LA, 64U,”.
25 Part 1 of Schedule 2
Omit:
Billfish (marlins, sailfish and spearfish).
26 Part 1 of Schedule 2
Omit “and Rays, other than sharks or rays that are totally protected fish”.
27 Part 2 of Schedule 2
Repeal the Part, substitute:
Part 2—Totally protected fish
Division 1—Certain reproducing crustaceans
Totally protected fish—reproducing crustaceans |
Item | Description of totally protected fish |
1 | Female crab with eggs or spawn attached beneath its body |
2 | Female rock lobster with eggs or spawn attached beneath its body |
Division 2—Miscellaneous
Totally protected fish—miscellaneous |
Item | Description of totally protected fish |
1 | Clams |
2 | Cod, Potato |
3 | Cod, White Banded |
4 | Coral and Live Rock |
5 | Coral Trout |
6 | Groper, Queensland |
7 | Parrotfish, Humphead |
8 | Rays |
9 | Wrasse, Humphead Maori |
28 Part 3 of Schedule 2
Repeal the Part, substitute:
Part 3—Recreationally protected fish
Note: This Part is reserved for future use.
29 Schedule 3
Repeal the Schedule, substitute:
Schedule 3—Bag limits
Note: See regulation 64Y.
Part 1—Pelagic species
Bag limits for pelagic species |
Item | Fish | Species, or group of species, bag limit |
1 | Barracuda | 4 |
2 | Billfish and Swordfish | 4 |
3 | Dolphinfish (Mahi Mahi) | 4 |
4 | Tuna (all species except Dogtooth Tuna) | 4 |
5 | Tuna, Dogtooth | 1 |
6 | Wahoo | 4 |
7 | All species in items 1 to 6, combined | 4 |
Part 2—Demersal species
Bag limits for demersal species |
Item | Fish | Species, or group of species, bag limit |
1 | All of the following: (a) Cod (Groupers) (except totally protected species); (b) Emperors; (c) Sepat, Red and Black; (d) Snappers; (e) Trevally | 15 |
Part 3—Crustaceans and molluscs
Bag limits for crustaceans and molluscs |
Item | Fish | Species, or group of species, bag limit |
1 | Rock Lobster | 4 |
30 Schedule 4
Repeal the Schedule, substitute:
Schedule 4—Categories of Fish
Note: See regulation 180.
Part 1—Category 1 fish
Category 1 fish |
Item | Type of fish |
1 | Billfish |
2 | Bonefish |
3 | Clams |
4 | Cod, Potato |
5 | Cod, White Banded |
6 | Coral |
7 | Coral Trout |
8 | Coronation Trout |
9 | Crab, Mud |
10 | Dolphinfish (Mahi Mahi) |
11 | Groper, Queensland |
12 | Live Rock |
13 | Parrotfish, Humphead |
14 | Rays |
15 | Rock Lobster |
16 | Sharks |
17 | Swordfish |
18 | Tuna (all species) |
19 | Wahoo |
20 | Wrasse, Humphead Maori |
Part 2—Category 2 fish
Category 2 fish |
Item | Type of fish |
1 | Cod (Groupers) (except species listed as category 1 fish) |
2 | Emperors |
3 | Parrotfish (except Humphead Parrotfish) |
4 | Sepat, Red and Black |
5 | Snappers |
6 | Trevally |
Part 3—Category 3 fish
Category 3 fish |
Item | Type of fish |
1 | Milkfish |
2 | Mullet, Diamond Scale |
3 | Mullet, Sea |
4 | Silveries |
Part 4—Category 4 fish
Category 4 fish |
Item | Type of fish |
1 | Any species of fish not specified in this Schedule to be category 1 fish, category 2 fish or category 3 fish |
31 Schedule 7
Repeal the Schedule, substitute:
Schedule 7—List of common and scientific names
Note: See subregulation 3(2).
Common and scientific names of fish |
Item | Common name | Scientific name |
1 | Barracuda | Sphyraena spp. |
2 | Billfish | Family Istiophoridae |
3 | Bonefish | Albula spp. |
4 | Clam, Giant | Tridacna gigas |
5 | Clams | Tridacna spp. |
6 | Cod (Groupers) | Family Epinephelidae |
7 | Cod, Potato | Epinephelus tukula |
8 | Cod, White Banded | Anyperodon leucogrammicus |
9 | Coral | Class Anthozoa and Class Hydrozoa |
10 | Coral Trout | Plectropomus spp. |
11 | Coronation Trout | Variola spp. |
12 | Crab, Mud | Scylla spp. |
13 | Dolphinfish (Mahi Mahi) | Coryphaena spp. |
14 | Emperors | Family Lethrinidae |
15 | Groper, Queensland | Epinephelus lanceolatus |
16 | Live Rock | Family Corallinaceae, Class Polychaeta, Class Crinoidea, Class Ascidiacea, Class Ophiuroidea, Phylum Bryozoa and Phylum Porifera and dead fish of Class Anthozoa and Class Hydrozoa |
17 | Milkfish | Chanos chanos |
18 | Mullet, Diamond Scale | Liza vaigiensis |
19 | Mullet, Sea | Mugil cephalus |
20 | Parrotfish | Subfamily Scarinae |
21 | Parrotfish, Humphead | Bolbometopon muricatum |
22 | Rays | Superorder Batoidea |
23 | Rock Lobster | Panulirus spp. |
24 | Sepat, Red and Black | Families Berycidae and Bramidae |
25 | Sharks | Orders Squatiniformes, Pristiophoriformes, Squaliformes, Hexanchiformes, Carcharhiniformes, Lamniformes, Orectolobiformes and Heterodontiformes |
26 | Shark, Whale | Rhincodon typus |
27 | Silveries | Gerres spp. |
28 | Snappers | Family Lutjanidae |
29 | Swordfish | Family Xiphiidae |
30 | Trevally | Family Carangidae |
31 | Tuna, Albacore | Thunnus alelunga |
32 | Tuna, Bigeye | Thunnus obesus |
33 | Tuna, Dogtooth | Gymnosarda unicolor |
34 | Tuna, Longtail | Thunnus tonggol |
35 | Tuna, Skipjack | Katsuwonus pelamis |
36 | Tuna, Southern Bluefin | Thunnus maccoyii |
37 | Tuna, Yellowfin | Thunnus albacares |
38 | Wahoo | Acanthocybium solandri |
39 | Wrasse, Humphead Maori | Cheilinus undulatus |
32 Schedule 9
Repeal the Schedule, substitute:
Schedule 9—Determining the value of fish
Note: See regulation 157.
Value of fish species |
Item | Species of fish | Value per unit of weight ($/kg) | Value per fish ($) |
1 | Barracuda | 2.00 | 10.00 |
2 | Billfish | 2.00 | 100.00 |
3 | Bonefish | 8.00 | 24.00 |
4 | Clam, Giant | 10.00 | 100.00 |
5 | Clams (except Giant Clam) (shucked) | 60.00 | 5.00 |
6 | Clams (except Giant Clam) (whole) | 25.00 | 5.00 |
7 | Cod (Groupers) (except species listed separately) | 9.50 | 38.00 |
8 | Cod, Potato | 10.00 | 100.00 |
9 | Cod, White Banded | 10.00 | 100.00 |
10 | Coral and Live Rock | 80.00 | ‑ |
11 | Coral Trout | 10.00 | 100.00 |
12 | Coronation Trout | 8.00 | 24.00 |
13 | Crab, Mud | 25.00 | 14.00 |
14 | Dolphinfish (Mahi Mahi) | 2.00 | 4.00 |
15 | Emperors | 8.00 | 24.00 |
16 | Groper, Queensland | 10.00 | 100.00 |
17 | Milkfish | 4.50 | 3.00 |
18 | Mullet, Diamond Scale | 4.50 | 3.00 |
19 | Mullet, Sea | 4.50 | 3.00 |
20 | Parrotfish (except Humphead Parrotfish) | 6.00 | 12.00 |
21 | Parrotfish, Humphead | 25.00 | 100.00 |
22 | Rock Lobster | 30.00 | 15.00 |
23 | Sepat, Red and Black | 8.00 | 24.00 |
24 | Sharks and rays (except Whale Shark) | 6.00 | 90.00 |
25 | Shark, Whale | 10.00 | 500.00 |
26 | Silveries | 4.50 | 3.00 |
27 | Snappers | 8.00 | 24.00 |
28 | Swordfish | 2.00 | 100.00 |
29 | Trevally | 3.50 | 8.00 |
30 | Tuna, Dogtooth | 5.00 | 25.00 |
31 | Tuna (except Dogtooth Tuna) | 2.00 | 20.00 |
32 | Wahoo | 7.00 | 28.00 |
33 | Wrasse, Humphead Maori | 25.00 | 100.00 |
34 | All fish not otherwise listed in this Schedule | 1.00 | 1.00 |
33 Schedule 12 (table headed “Part 2—Regulations”, item 4)
After “64E,”, insert “64LA,”.
34 Schedule 12 (table headed “Part 2—Regulations”, item 4)
After “64QA,”, insert “64U,”.
35 At the end of Schedule 15
Add:
5 Zone 5: Christmas Island
The Territory
3 Schedule 4
Omit “Fisheries Act 1905 (W.A.)(C.I.)”.
