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Fisheries Management (Estuary General Share Management Plan) Regulation 2006
35FPriority between endorsement holders using certain nets
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#### 35F Priority between endorsement holders using certain nets
35F Priority between endorsement holders using certain nets
> > (1) The rights of priority between endorsement holders taking or intending to take fish by use of a relevant net from any estuarine waters are determined as follows—
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> > > (a) the first turn belongs to the crew that first arrives at the waters concerned with a boat and a relevant net laid ready for use, but only if there is at least one crew member in attendance ready to shoot the net and the other crew members are in the immediate vicinity,
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> > > (b) the next turn belongs to the crew that next arrives with such a boat and net, and so on,
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> > > (c) a turn concludes when a crew has shot its net, but in no case extends over a longer period than 24 hours as against any other crew ready and waiting to use a relevant net,
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> > > (d) during its turn a crew has exclusive rights to so much of the estuarine waters as equals in length, measured along the foreshore from the point where the boat belonging to that crew is or was positioned or lying, the total length of the net in use or intended to be used, in the direction in which the net is shot or laid ready for shooting,
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> > > (e) a crew is not entitled to a second turn until all other crews in the area have had their first turn,
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> > > (f) the crew of a boat waiting for a turn automatically forfeits its turn if any member of that crew acts as a member of the crew of a boat using a relevant net,
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> > > (g) 2 or more turns may be taken simultaneously if the waters being fished admit of double-banking, provided that no net is shot around an inner net within 7.5 metres of the cork line of that inner net without the consent of the crew operating that inner net.
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> > (2), (3) (Repealed)
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> > (4) This clause applies whether or not the waters concerned are a recognised fishing ground (within the meaning of the [Fisheries Management (General) Regulation 2019](/view/html/inforce/current/sl-2019-0407)).
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> > (5) This clause does not apply to the use of a net in accordance with a right of priority determined under Division 3 of this Part.
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> > (6) In this clause—
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> > relevant net means a hauling net (general purpose), a trumpeter whiting net (hauling), a garfish net (bullringing), a garfish net (hauling), a pilchard, anchovy and bait net (hauling), a prawn net (hauling), a prawn running net or a seine net (prawns).