34Possession of certain equipment barred on vessels used in fishery

34 Possession of certain equipment barred on vessels used in fishery

(1)  A person who is on a vessel being used for fishing under the authority of a fishing licence (commercial dive) must not be in possession of any of the following on that vessel:

(a) a rock lobster pot;

(b) a rock lobster ring;

(c) a rock lobster;

(d) a giant crab trap.

Penalty:  Grade 3 penalty.

(2)  Subrule (1) does not apply in respect of a rock lobster pot or a rock lobster ring if –

(a) the rock lobster pot or rock lobster ring was not present on the fishing vessel at the time at which the vessel commenced the fishing trip; and

(b) the owner of the rock lobster pot or rock lobster ring is not able to be identified, or established, from the pot or ring; and

(c) not more than one such rock lobster pot, or one such rock lobster ring, is present on the vessel.

(3)  In this rule –

giant crab trap means a trap within the meaning of the Fisheries (Giant Crab) Rules 2013 ;

rock lobster pot has the same meaning as in the Fisheries (Rock Lobster) Rules 2011 ;

rock lobster ring has the same meaning as in the Fisheries (Rock Lobster) Rules 2011 .

(4)  For the avoidance of doubt, a reference to taking in this rule is not restricted to taking by diving.