49Marker buoy requirements for traps, longlines and fish caufs

49 Marker buoy requirements for traps, longlines and fish caufs

(1)  In this rule –

distinguishing mark has the same meaning as in the Fisheries Rules 2009 .

(2)  A person must not set or use a trap in State waters unless –

(a) a marker buoy is at all times attached to the trap by means of a line long enough for the marker buoy to float on the surface of the water; and

(b) the marker buoy –

(i) is spherical in shape; and

(ii) has a diameter of at least 195 millimetres at its widest point; and

(iii) is specifically designed as a buoy.

Penalty:  Grade 3 penalty.

(3)  The person in charge of a fishing vessel must ensure that the fishing vessel's distinguishing mark is marked clearly and legibly on the marker buoy of every trap used in connection with the fishing vessel.

Penalty:  Grade 3 penalty.

(4)  A distinguishing mark for the purposes of subrule (3) is to be at least 70 millimetres high and at least 12 millimetres wide.

(5)  A person who owns or is in charge of a fishingvessel must ensure that –

(a) a distinguishing mark marked on a marker buoy for the purposes of subrule (3) remains clear and legible; and

(b) the marker buoy bears only that distinguishing mark.

Penalty:  Grade 1 penalty.

(6)  A person must not, in State waters, be in possession of a device designed to conceal a marker buoy under the surface of the water.

Penalty:  Grade 3 penalty.

(7)  A person must not use a giant crab longline with six or more traps attached unless –

(a) there is a marker buoy on each end of the giant crab longline; and

(b) any marker buoy used in connection with the giant crab longline is marked clearly and legibly with –