sec.6Meaning of recreational fisher and recreational fishing

sec.6 Meaning of recreational fisher and recreational fishing

A recreational fisher is a person who is carrying out recreational fishing. A person is carrying out recreational fishing if the person takes or possesses fish other than as follows— the person takes or possesses the fish— for trade or commerce; or in the exercise or enjoyment of native title rights and interests in relation to land or waters under the Native Title Act 1993 (Cwlth) ; the person is an Aboriginal person and takes or possesses the fish under Aboriginal tradition; the person is a Torres Strait Islander person and takes or possesses the fish under Ailan Kastom. For subsection (2) (a) (i) , a person does not take fish for trade or commerce only because the fish is taken during a charter fishing trip. A person may carry out recreational fishing even if the person— holds an authority that authorises the person to take fish for trade or commerce; or is otherwise authorised to take fish for trade or commerce under an authority mentioned in paragraph (a) . However, if a person carrying out recreational fishing as mentioned in subsection (4) takes fish to which a quota applies, the fish taken by the person as a recreational fisher must be counted for working out the fish taken by the person in relation to the quota. If a person holds, or is acting under, an SM unit, spanish mackerel taken by the person as a recreational fisher must be included in the use of the entitlements under the SM unit. s 6 amd 2024 SL No. 196 s 63 sch 1 (sec.6-ssec.1) A recreational fisher is a person who is carrying out recreational fishing. (sec.6-ssec.2) A person is carrying out recreational fishing if the person takes or possesses fish other than as follows— the person takes or possesses the fish— for trade or commerce; or in the exercise or enjoyment of native title rights and interests in relation to land or waters under the Native Title Act 1993 (Cwlth) ; the person is an Aboriginal person and takes or possesses the fish under Aboriginal tradition; the person is a Torres Strait Islander person and takes or possesses the fish under Ailan Kastom. (sec.6-ssec.3) For subsection (2) (a) (i) , a person does not take fish for trade or commerce only because the fish is taken during a charter fishing trip. (sec.6-ssec.4) A person may carry out recreational fishing even if the person— holds an authority that authorises the person to take fish for trade or commerce; or is otherwise authorised to take fish for trade or commerce under an authority mentioned in paragraph (a) . (sec.6-ssec.5) However, if a person carrying out recreational fishing as mentioned in subsection (4) takes fish to which a quota applies, the fish taken by the person as a recreational fisher must be counted for working out the fish taken by the person in relation to the quota. If a person holds, or is acting under, an SM unit, spanish mackerel taken by the person as a recreational fisher must be included in the use of the entitlements under the SM unit.