sec.32Authorisation—holder

sec.32 Authorisation—holder

The holder of a primary commercial fishing licence may do any of the following under the licence— allow a commercial fisher to act under the licence to take fish for trade or commerce, without using a boat, in a hand-harvest only commercial fishery identified in the licence; allow a commercial fisher to use the primary boat identified in the licence to take fish for trade or commerce in a commercial fishery identified in the licence; allow a commercial fisher to use no more than the authorised number of tender boats for a commercial fishery identified in the licence, at the same time, to take fish in the fishery; allow a commercial fisher to use a tender boat as if it were the primary boat identified in the licence if— there is no primary boat identified in the licence or the primary boat identified in the licence is not also being used to take fish for trade or commerce in a commercial fishery; and the licence is kept on the tender boat while it is being used as the primary boat; allow a commercial fisher who uses a boat to take fish in a commercial fishery as mentioned in paragraph (b) , (c) or (d) to carry the fish; sell fish taken in a commercial fishery by a commercial fisher acting under the licence; process fish taken in a commercial fishery by a commercial fisher acting under the licence; buy, sell and possess commercial fishing apparatus. For subsection (1) , a commercial fishery is identified in the licence only if the fishery symbol for the fishery is written on the licence. For subsection (1) (d) (i) , the primary boat is not being used to take fish for trade or commerce in a commercial fishery only because there is fishing apparatus or fish on the boat. While a tender boat is being used under subsection (1) (d) , the provisions of this regulation apply to the boat as if it were a primary boat. The primary boat and any of its tender boats may be used in the N11 fishery to take N11 fish without the fishery symbol ‘N11’ being written on the licence if— the boat and the taking of the fish complies with schedule 4 , part 7 ; and a fishery symbol for a fishery other than a hand-harvest only commercial fishery is written on the licence. The primary boat and any of its tender boats may be used in the N15 fishery to take N15 fish without the fishery symbol ‘N15’ being written on the licence if the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’ or ‘N10’ is written on the licence. s 32 sub 2020 SL No. 236 s 89 amd 2021 SL No. 29 s 3 ; 2023 SL No. 194 s 6 (sec.32-ssec.1) The holder of a primary commercial fishing licence may do any of the following under the licence— allow a commercial fisher to act under the licence to take fish for trade or commerce, without using a boat, in a hand-harvest only commercial fishery identified in the licence; allow a commercial fisher to use the primary boat identified in the licence to take fish for trade or commerce in a commercial fishery identified in the licence; allow a commercial fisher to use no more than the authorised number of tender boats for a commercial fishery identified in the licence, at the same time, to take fish in the fishery; allow a commercial fisher to use a tender boat as if it were the primary boat identified in the licence if— there is no primary boat identified in the licence or the primary boat identified in the licence is not also being used to take fish for trade or commerce in a commercial fishery; and the licence is kept on the tender boat while it is being used as the primary boat; allow a commercial fisher who uses a boat to take fish in a commercial fishery as mentioned in paragraph (b) , (c) or (d) to carry the fish; sell fish taken in a commercial fishery by a commercial fisher acting under the licence; process fish taken in a commercial fishery by a commercial fisher acting under the licence; buy, sell and possess commercial fishing apparatus. (sec.32-ssec.2) For subsection (1) , a commercial fishery is identified in the licence only if the fishery symbol for the fishery is written on the licence. (sec.32-ssec.3) For subsection (1) (d) (i) , the primary boat is not being used to take fish for trade or commerce in a commercial fishery only because there is fishing apparatus or fish on the boat. (sec.32-ssec.4) While a tender boat is being used under subsection (1) (d) , the provisions of this regulation apply to the boat as if it were a primary boat. (sec.32-ssec.5) The primary boat and any of its tender boats may be used in the N11 fishery to take N11 fish without the fishery symbol ‘N11’ being written on the licence if— the boat and the taking of the fish complies with schedule 4 , part 7 ; and a fishery symbol for a fishery other than a hand-harvest only commercial fishery is written on the licence. (sec.32-ssec.6) The primary boat and any of its tender boats may be used in the N15 fishery to take N15 fish without the fishery symbol ‘N15’ being written on the licence if the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’ or ‘N10’ is written on the licence.