11Application of bag limits to commercial fishers

11 Application of bag limits to commercial fishers

11 Application of bag limits to commercial fishers

(1) A daily limit specified in Schedule 1 or this Division does not apply in respect of fish lawfully taken by a commercial fisher for sale.

(2) A possession limit specified in Schedule 1 or this Division does not apply in respect of fish in the lawful possession of a commercial fisher for sale.

(3) However, those daily limits and possession limits do apply in respect of fish taken by, or in the possession of, a commercial fisher otherwise than for sale.

(4) Despite subclauses (1)–(3), the daily bag limits and possession limits specified in Schedule 1 or this Division do apply in respect of fish taken by, or in the possession of, a commercial fisher (whether or not the fish are taken or in possession for sale) if the fish were taken in Lord Howe Island waters by use of a boat and at the time that the fish were taken—

(a) the boat was being used as a charter fishing boat, or

(b) there were four or more persons on the boat (including any commercial fisher).

(5) Subclause (4) is subject to the exemption for fish taken for use as bait in charter fishing operations set out in clause 12.

cl 11: Am 2026 (61), Sch 1[1] [2].