17Taking abalone from State waters

17 Taking abalone from State waters

(1)  A person must not take any abalone from State waters unless that person is –

(a) the holder of –

(i) a fishing licence (abalone dive); or

(ii) a fishing licence (recreational abalone); or

(b) [Rule 17 Subrule (1) amended by S.R. 2019, No. 63, Applied:01 Nov 2019] an Aborigine engaging in an Aboriginal activity.

Penalty:  Grade 3 penalty.

(2)  A person must not take abalone for non-commercial purposes from State waters unless the person is –

(a) the holder of a fishing licence (recreational abalone); or

(b) [Rule 17 Subrule (2) amended by S.R. 2019, No. 63, Applied:01 Nov 2019] an Aborigine engaging in an Aboriginal activity.

Penalty:  Grade 3 penalty.

(3)  A person must not take any abalone for commercial purposes from State waters unless the person is the holder of a fishing licence (abalone dive) and a fishing licence (personal).

Penalty:  Grade 3 penalty.

(4)  [Rule 17 Subrule (4) inserted by S.R. 2019, No. 63, Applied:01 Nov 2019] A person must not, in State waters between sunset and sunrise, dive or swim for abalone, or otherwise remove abalone from the water.

Penalty:  Grade 3 penalty.

(5)  [Rule 17 Subrule (5) inserted by S.R. 2019, No. 63, Applied:01 Nov 2019] A person must not, in State waters, take abalone other than with –

(a) a commercially manufactured knife that has a blade that is not less than 18 millimetres wide (excluding that part of the blade that is within 50 millimetres of the tip of the blade); or

(b) an abalone iron.

Penalty:  Grade 3 penalty.