44Restrictions on setting, use and possession of traps

44 Restrictions on setting, use and possession of traps

(1)  A person must not, in State waters, set or use or be in possession of a trap unless the person is the holder of a fishing licence (giant crab).

Penalty:  Grade 3 penalty.

(2)  A person must not, in State waters, set or use or be in possession of a trap during the period of the closed season for the male giant crab fishery specified in rule 10(2).

Penalty:  Grade 3 penalty.

(3)  The holder of a fishing licence (giant crab) is not guilty of an offence under subrule (2) in respect of the possession of a trap in State waters during a closed season if –

(a) the trap is on a fishing vessel that –

(i) is returning to a port of landing within 48 hours after the end of an open season; or

(ii) is leaving a port within 48 hours before the commencement of an open season; or

(iii) is in port or on an authorised mooring and not undertaking a fishing trip; or

(b) the trap is in the licensee's possession after 1 p.m. on the day immediately before the commencement of an open season; or

(c) the licensee has the approval of a fisheries officer to be in possession of the trap during the closed season.

(4)  If an approval under subrule (3) is given verbally, the fisheries officer is to confirm that approval in writing to the licensee as soon as practicable after it is given.

(5)  The holder of a fishing licence (giant crab) is not guilty of an offence under subrule (2) in respect of the setting of a trap in State waters during a closed season if the trap is set after 1 p.m. on the day immediately before the commencement of an open season.