1 Name
This Ordinance is the Cocos (Keeling) Islands 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. | 6 April 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Note: This table relates only to the provisions of this Ordinance as originally made.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 Cocos (Keeling) Islands Act 1955.
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Each instrument that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Ordinance has effect according to its terms.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
Cocos (Keeling) Islands 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 provision 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) (CKI)
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) (CKI)
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 Subregulation 31(1)
Repeal the subregulation.
6 Subregulation 31(2) (penalty)
Omit “$5 000”, substitute “$3,000”.
7 Subregulation 31(3)
Repeal the subregulation.
8 Subregulation 31(4)
Omit “or (3)”.
9 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.
10 Paragraph 36(1)(b)
Repeal the paragraph.
11 Subregulation 36(2B)
Repeal the subregulation.
12 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.
13 Regulation 42
Repeal the regulation.
14 At the end of Division 6 of Part 4
Add:
46 Areas of Cocos (Keeling) Islands closed to fishing for certain species
(1) A person must not fish for Humphead Maori Wrasse (Ikan Hijau) in the waters in the area described in clause 1 of Schedule 2A.
Penalty: a fine of $3,000 and the penalty provided in section 222 of the Act.
(2) A person must not fish for gong gong in:
(a) the waters in the northern closure area described in clause 2 of Schedule 2A; or
(b) the waters in the central closure area described in clause 3 of Schedule 2A; or
(c) the waters in the southern closure area described in clause 4 of Schedule 2A.
Penalty: a fine of $3,000 and the penalty provided in section 222 of the Act.
15 Regulation 64AA
Repeal the regulation.
16 At the end of Division 8 of Part 4
Add:
64AB Fish at Cocos (Keeling) Islands Airport
(1) The following requirements apply to the possession of fish by a person in the area of Cocos (Keeling) Islands Airport:
(a) the maximum quantity of fish that a person may possess is:
(i) for fish other than gong or kima clam—5 kg; and
(ii) for gong gong—2 kg; and
(iii) for kima clam—2 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 Cocos (Keeling) Islands 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 Cocos (Keeling) Islands Airport means lots 341 and 348 on Deposited Plan 42274.
17 Subregulation 64E(3)
Repeal the subregulation (not including the penalty).
18 Subparagraph 64F(1)(b)(i)
Omit “60”, substitute “100”.
19 Subparagraph 64F(1)(b)(iv)
Repeal the subparagraph.
20 Subregulation 64F(2)
Repeal the subregulation, substitute:
(2) The mesh of a fishing net referred to in subregulation (1)(b)(v) must be not less than 50 mm or more than 114 mm.
21 After regulation 64G
Insert:
64GA Use of set or haul fishing net
(1) A person who fishes using a set or haul fishing net must:
(a) attend that net; and
(b) clear it of fish at intervals of not more than one hour.
Penalty: $2,000.
(2) In this regulation:
attend, in respect of a net, means to be within 100 m of the net.
22 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.
23 At the end of Division 4 of Part 4A
Add:
64U Set and haul net fishing prohibited in Northern Lagoon, West Island
A person must not set a net or use a haul net in the Northern Lagoon of West Island, inside of a line drawn between 12°10.723′S, 096°49.790′E and 12°10.446′S, 096°49.922′E.
Penalty: a fine of $3,000 and the penalty provided in section 222 of the Act.
24 Subparagraph 64W(1)(b)(i)
Omit “in accordance with regulation 16D(1) Table items 1, 2 and 4”.
25 Paragraph 64W(1)(c)
Repeal the paragraph.
26 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; and
(c) a piece of gong gong meat is taken to be equivalent to a whole gong gong.
27 Division 2 of Part 4B
Repeal the Division, substitute:
Division 2—Bag limits for Territory
64Y Territory bag limits
(1) 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.
(2) The bag limits set out in Schedule 3 do not apply in relation to a person if the person takes fish:
(a) from waters within 3 nautical miles of land; and
(b) during a period the person has notified in accordance with subregulations (3) and (4) to an advisory committee established under section 42 of the Act.
(3) The person must give notice of the period during which the person intends to fish (the fishing period) at least 1 month before the day the period starts.
(4) The fishing period must be wholly within one of the following periods:
(a) the Ceremony of Death month (Bulan Arwah) (but the maximum duration of the fishing period is 2 weeks);
(b) the period of 2 weeks immediately before the day that Ramadan starts;
(c) the period of 1 week immediately before Hari Maulad Nabi (Prophet Mohammad’s Birthday);
(d) the period of 1 week immediately before the day of Islamic New Year;
(e) the period of 1 month immediately before the day of the wedding of a member of the Cocos Malay community that is to take place in the Territory;
(f) the period of 1 month immediately before the day the circumcision of a member of the Cocos Malay community in the Territory is to be celebrated.
64Z Report on fishing period
(1) A person who gave notice to an advisory committee under regulation 64Y of a period that the person intended to fish must give the advisory committee a report on the fishing that the person undertook during the period.
(2) The report must include, for each day during the period, the species of fish taken by the person and the number of fish of each species.
(3) The report must be given to the advisory committee no later than 2 weeks after the last day of the fishing period.
28 Subregulation 117(1)
After “current fishing boat licence”, insert “granted under regulation 118 as it applies in the Territory”.
29 At the end of subregulation 121(1)
Add “granted under regulation 122 as it applies in the Territory”.
30 At the end of regulation 121
Add:
(3) The Minister may exempt an individual from subregulation (2), and any other provision of these regulations that would prevent the sale of fish taken by recreational fishing.
(4) The Minister may not exempt more than 7 individuals at any time.
(5) An exemption given by the Minister under subregulation (3) only applies:
(a) in relation to fish taken from waters within 3 nautical miles of land; and
(b) in relation to the sale of those fish to a purchaser within the Territory.
31 Division 2 of Part 11
Repeal the Division.
32 Regulation 156 (table)
After “45(2),”, insert “46(1), 46(2),”.
33 Regulation 156 (table)
After “64AA(2B),”, insert “64AB, 64LA, 64U,”.
34 Part 1 of Schedule 2
Omit:
Billfish (marlins, sailfish and spearfish).
35 Part 1 of Schedule 2
Omit “and Rays, other than sharks or rays that are totally protected fish”.
36 Part 2 of Schedule 2
Repeal the Part, substitute:
Part 2—Totally protected fish
Division 1—Protected by reference to characteristics
Totally protected fish—protected by reference to characteristics |
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 |
3 | Gong gong that do not have fully formed and closed spines |
Division 2—Protected by reference to length
Totally protected fish—protected by reference to length |
Item | A fish of the following class… | …is a totally protected fish if its length is less than… |
1 | Bonefish | 40 centimetres |
2 | Coronation Trout | 35 centimetres |
3 | Coral Trout | 35 centimetres |
4 | Emperor, Yellowlip | 40 centimetres |
5 | Humphead Maori Wrasse (Ikan Hijau) | 65 centimetres |
6 | Parrotfish, Humphead | 65 centimetres |
7 | Rock Lobster | 10 centimetres |
8 | Silveries | 20 centimetres |
Division 3—Other protected species
Totally protected fish—other protected species |
Item | Description of totally protected fish |
1 | Clam, Giant |
2 | Cod, Potato |
3 | Cod, White Banded |
4 | Coral and Live Rock |
5 | Groper, Queensland |
6 | Rays |
37 Part 3 of Schedule 2
Repeal the Part, substitute:
Part 3—Recreationally protected fish
Note: This Part is reserved for future use.
38 After Schedule 2
Insert:
Schedule 2A—Cocos (Keeling) Islands areas
Note: See regulation 46.
1 Humphead Maori Wrasse closure area
The area of waters closed to fishing for Humphead Maori Wrasse (Ikan Hijau) is the area 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 closed to fishing for Humphead Maori Wrasse (Ikan Hijau) |
Item | Description |
1 | The point 12°05.778′S, 096°48.959′E |
2 | East along the parallel of latitude 12°05.778′S to its intersection by the meridian of longitude 096°50.508′E |
3 | Southerly along the geodesic to the point 12°07.498′S, 096°50.516′E |
4 | Westerly along the geodesic to the point 12°07.494′S, 096°48.963′E |
5 | Northerly along the geodesic to the starting point |
2 Northern gong gong closure area
The area of waters closed to fishing for gong gong is the area 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 closed to fishing for gong gong—northern area |
Item | Description |
1 | The point 12°07.314′S, 096°53.032′E |
2 | East along the parallel of latitude 12°07.314′S to its intersection by the meridian of longitude 096°53.638′E |
3 | Southerly along the geodesic to the point 12°07.860′S, 096°53.635′E |
4 | Westerly along the geodesic to the point 12°07.858′S, 096°53.037′E |
5 | Northerly along the geodesic to the starting point |
3 Central gong gong closure area
The area of waters closed to fishing for gong gong is the area 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 closed to fishing for gong gong—central area |
Item | Description |
1 | The point 12°08.739′S, 096°53.559′E |
2 | East along the parallel of latitude 12°08.739′S to its intersection by the meridian of longitude 096°54.160′E |
3 | Southerly along the geodesic to the point 12°09.285′S, 096°54.151′E |
4 | West along the parallel of latitude 12°09.285′S to its intersection by the meridian of longitude 096°53.556′E |
5 | Northerly along the geodesic to the starting point |
4 Southern gong gong closure area
The area of waters closed to fishing for gong gong is the area 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 closed to fishing for gong gong—southern area |
Item | Description |
1 | The point 12°10.454′S, 96°53.405′E |
2 | Easterly along the geodesic to the point 12°10.449′S, 96°53.990′E |
3 | Southerly along the geodesic to the point 12°11.003′S, 96°53.987′E |
4 | Westerly along the geodesic to the point 12°11.000′S, 96°53.402′E |
5 | Northerly along the geodesic to the starting point |
39 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 | Bonefish | 4 |
2 | Cod (Groupers) (except totally protected species) | 16 |
3 | Coral Trout | 4 |
4 | Coronation Trout | 4 |
5 | Humphead Maori Wrasse (Ikan Hijau) | 1 |
6 | Parrotfish (except Humphead Parrotfish) | 16 |
7 | Parrotfish, Humphead | 1 |
8 | Sepat, Red and Black | 16 |
9 | Snappers and Emperors | 16 |
10 | Trevally | 16 |
11 | All species in items 1 to 10, combined | 16 |
Part 3—Lagoon species
Bag limits for lagoon species |
Item | Fish | Species, or group of species, bag limit |
1 | All of the following: (a) Milkfish; (b) Mullet, Diamond Scale; (c) Mullet, Sea | 40 |
2 | Silveries | 30 |
Part 4—Crustaceans and molluscs
Bag limits for crustaceans and molluscs |
Item | Fish | Species, or group of species, bag limit |
1 | Clams (except Giant Clam) | 80 |
2 | Crab, Mud | 2 |
3 | Gong Gong | 100 |
4 | Rock Lobster | 10 |
40 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 | Gong Gong |
12 | Groper, Queensland |
13 | Humphead Maori Wrasse (Ikan Hijau) |
14 | Live Rock |
15 | Parrotfish, Humphead |
16 | Rays |
17 | Rock Lobster |
18 | Sharks |
19 | Swordfish |
20 | Tuna (all species) |
21 | Wahoo |
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 |
41 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 | Clam, Kima | Tridacna maxima |
6 | Clams | Tridacna spp. |
7 | Cod (Groupers) | Family Epinephelidae |
8 | Cod, Potato | Epinephelus tukula |
9 | Cod, White Banded | Anyperodon leucogrammicus |
10 | Coral | Class Anthozoa and Class Hydrozoa |
11 | Coral Trout | Plectropomus spp. |
12 | Coronation Trout | Variola spp. |
13 | Crab, Mud | Scylla spp. |
14 | Dolphinfish (Mahi Mahi) | Coryphaena spp. |
15 | Emperor, Yellowlip | Lethrinus xanthochilus |
16 | Emperors | Family Lethrinidae |
17 | Gong Gong | Lambis spp. and Harpago chiragra |
18 | Groper, Queensland | Epinephelus lanceolatus |
19 | Humphead Maori Wrasse (Ikan Hijau) | Cheilinus undulatus |
20 | 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 |
21 | Milkfish | Chanos chanos |
22 | Mullet, Diamond Scale | Liza vaigiensis |
23 | Mullet, Sea | Mugil cephalus |
24 | Parrotfish | Subfamily Scarinae |
25 | Parrotfish, Humphead | Bolbometopon muricatum |
26 | Rays | Superorder Batoidea |
27 | Rock Lobster | Panulirus spp. |
28 | Sepat, Red and Black | Families Berycidae and Bramidae |
29 | Sharks | Orders Squatiniformes, Pristiophoriformes, Squaliformes, Hexanchiformes, Carcharhiniformes, Lamniformes, Orectolobiformes and Heterodontiformes |
30 | Shark, Whale | Rhincodon typus |
31 | Silveries | Gerres spp. |
32 | Snappers | Family Lutjanidae |
33 | Swordfish | Family Xiphiidae |
34 | Trevally | Family Carangidae |
35 | Tuna, Albacore | Thunnus alelunga |
36 | Tuna, Bigeye | Thunnus obesus |
37 | Tuna, Dogtooth | Gymnosarda unicolor |
38 | Tuna, Longtail | Thunnus tonggol |
39 | Tuna, Skipjack | Katsuwonus pelamis |
40 | Tuna, Southern Bluefin | Thunnus maccoyii |
41 | Tuna, Yellowfin | Thunnus albacares |
42 | Wahoo | Acanthocybium solandri |
42 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 | Gong Gong (shucked) | 60.00 | 3.00 |
17 | Gong Gong (whole) | 25.00 | 3.00 |
18 | Groper, Queensland | 10.00 | 100.00 |
19 | Humphead Maori Wrasse (Ikan Hijau) | 25.00 | 100.00 |
20 | Milkfish | 4.50 | 3.00 |
21 | Mullet, Diamond Scale | 4.50 | 3.00 |
22 | Mullet, Sea | 4.50 | 3.00 |
23 | Parrotfish (except Humphead Parrotfish) | 6.00 | 12.00 |
24 | Parrotfish, Humphead | 25.00 | 100.00 |
25 | Rock Lobster | 30.00 | 15.00 |
26 | Sepat, Red and Black | 8.00 | 24.00 |
27 | Sharks and Rays (except Whale Shark) | 6.00 | 90.00 |
28 | Shark, Whale | 10.00 | 500.00 |
29 | Silveries | 4.50 | 3.00 |
30 | Snappers | 8.00 | 24.00 |
31 | Swordfish | 2.00 | 100.00 |
32 | Trevally | 3.50 | 8.00 |
33 | Tuna, Dogtooth | 5.00 | 25.00 |
34 | Tuna (except Dogtooth Tuna) | 2.00 | 20.00 |
35 | Wahoo | 7.00 | 28.00 |
36 | All fish not otherwise listed in this Schedule | 1.00 | 1.00 |
43 Schedule 12 (table headed “Part 2—Regulations”, item 4)
After “41,”, insert “46,”.
44 Schedule 12 (table headed “Part 2—Regulations”, item 4)
After “64E,”, insert “64GA, 64LA,”.
45 Schedule 12 (table headed “Part 2—Regulations”, item 4)
After “64QA,”, insert “64U,”.
46 At the end of Schedule 15
Add:
5 Zone 5: Cocos (Keeling) Islands
The Territory
3 Schedule 4
Omit “Fisheries Act 1905 (W.A.)(C.K.I.)”.
