28Meshing net

#### 28 Meshing net 28 Meshing net > > (1) It is lawful for the holder of a meshing endorsement to use a meshing net for taking permitted species of fish in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the conditions set out in this clause are complied with. > > > (2) The net must be used— > > > > > (a) by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation) at any time, or > > > > > (b) as a set net, but only— > > > > > > > (i) from 1 February to 30 November in any year, and > > > > > > > (ii) between sunset and sunrise, and > > > > > > > (iii) for no more than 3 hours at a time. > > > (3) The 3 hour time limit referred to in subclause (2) (b) (iii) (the 3-hour limit) does not apply— > > > > > (a) from 1 June to 31 August in any year in the waters of regions 1, 2 and 3, and > > > > > (b) from 1 June to 30 September in any year in the waters of regions 4, 5, 6 and 7. > > > (4) If used as a set net, the net must not be set until on or after sunset and it must be retrieved, or be in the process of being retrieved, by the relevant deadline. If more than one net has been set by an endorsement holder, all nets must have been retrieved by the relevant deadline. Alternatively, all nets, but one, must have been retrieved by the relevant deadline and the last one must be in the process of being retrieved. > > > (5) For the purpose of subclause (4), the relevant deadline is sunrise or, if the 3-hour limit applies, the end of the 3-hour limit (whichever occurs first). > > > (6) During any period in which the 3-hour limit does not apply, no more than 3 meshing nets may be set by the endorsement holder at any one time in excess of 3 hours and the combined total length of all nets set in excess of 3 hours must not exceed the maximum total length for an individual net, as set out in the Table to this clause. > > > (7) If the net is set by an endorsement holder in excess of 3 hours and in combination with, or in the same waters as, a flathead net being used by the endorsement holder, the combined total length of the nets must not exceed 1,450 metres. > > > (8) Both ends of a set net must be marked on the surface of the water by a white buoy that— > > > > > (a) is moored so as to be positioned above the end of the net, and > > > > > (b) measures not less than 100 mm in all dimensions, and > > > > > (c) has a height above the water of not less than 50 mm, and > > > > > (d) is moored in such a way that no rope is floating on the surface of the water, and > > > > > (e) displays the relevant fishing business number followed by the letter “M”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy. > > > (9) If the net is used in any part of the Clarence River an alternative method of splashing (that is, shooting the net in a ring or semi-circle, remaining in attendance of the net while it is set and commencing retrieval of the net within 45 minutes of the net being shot) may be used instead of the method described in subclause (2) (a). To avoid doubt, subclauses (2) (b) and (3)–(8) do not apply when the net is being used by that alternative method of splashing. > > > (10) The nets may be joined (despite Part 5B of the Supporting Plan) when used in the Clarence River, but only if no more than 2 nets are joined and the combined length of the nets when joined does not exceed the maximum total length specified in the Table to this clause. > > > (11) If lawfully joined, meshing nets used in the Clarence River must be operated from no fewer than 2 boats, by no fewer than 2 commercial fishers who hold meshing endorsements for the region concerned, and only by the methods of splashing permitted by this clause. > > > (12) For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a meshing net. > > Table Meshing net > > | 1 | (a) Waters—Those parts of the Clarence River known as Lake Wooloweyah and the Broadwater.(b) Description of net—Total length not exceeding 1,450 metres; mesh throughout not less than 95 mm when the net is used as a set net in excess of 3 hours and 80 mm in any other case. | > | 2 | (a) Waters—All other waters specified in the Table to clause 4.(b) Description of net—Total length not exceeding 1,450 metres when two nets are joined and 725 metres in any other case; mesh throughout not less than 95 mm when the net is used as a set net in excess of 3 hours and 80 mm in any other case. |