45Restriction on length of time traps may be continuously set

45 Restriction on length of time traps may be continuously set

(1)  The holder of a fishing licence (giant crab) must not set a trap for a continuous period –

(a) exceeding 30 continuous days in State waters that are more than 120 metres deep; or

(b) exceeding 48 continuous hours in State waters that are 120 metres deep or less.

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (giant crab) is not guilty of an offence under subrule (1)(a) in respect of a trap if –

(a) the trap cannot be retrieved within 21 days after it is set because of –

(i) adverse weather conditions; or

(ii) mechanical breakdown of, or structural damage to, the vessel from which the trap is set; or

(iii) illness or incapacity of the licensee; and

(b) the licensee notifies a fisheries officer in writing, within 21 days after the trap is set, that the trap cannot be retrieved within that period and the reason why it cannot be so retrieved; and

(c) the licensee, within 48 hours after giving the notice referred to in paragraph (b) , advises a fisheries officer of the arrangements made to retrieve the trap; and

(d) the licensee ensures that the trap is retrieved in accordance with such directions as the fisheries officer referred to in paragraph (c) may give the licensee for its retrieval.

(3)  A person must not, without the written approval of a fisheries officer, use a fishing vessel to pull or retrieve a trap that has been set from a different fishing vessel.

Penalty:  Grade 3 penalty.

(4)  The holder of a fishing licence (giant crab) must not, in State waters, set or use or be in possession of a trap unless the giant crab fishing quota unit balance specified in that licence is greater than zero kilograms.

Penalty:  Grade 3 penalty.

(5)  However, the holder of a fishing licence (giant crab) is not guilty of an offence under in respect of the possession of a trap on a fishing vessel if that fishing vessel is –