111Conditions of commercial fishing licence

#### 111 Conditions of commercial fishing licence 111 Conditions of commercial fishing licence > > (1) For the purposes of section 104 (4) (a) of the Act, the following conditions are prescribed— > > > > > (a) the holder of the licence must not engage any person as a crew member unless the holder is satisfied that the person has the necessary skills, experience or capacity to participate successfully in fishing operations authorised by the licence, > > > > > (b) the holder of the licence must not use a crew member on a boat being used by the licensee to take fish, unless the boat is being used as follows— > > > > > > > (i) to take abalone in the abalone share management fishery in accordance with paragraph (c), > > > > > > > (ii) to take yabbies or carp in the inland restricted fishery in accordance with paragraph (d), > > > > > > > (iii) to take sea urchin or turban shell in the sea urchin and turban shell restricted fishery in accordance with paragraph (e), > > > > > (c) the holder of the licence, being a licence that is endorsed under the Act for the taking of abalone in the abalone share management fishery, must not use a crew member on a boat being used by the licence holder for the taking of abalone from the fishery, unless the crew member is assisting the licence holder in the operation of the boat or other fishing equipment and is not taking abalone from the fishery on the licence holder’s behalf, > > > > > (d) the holder of the licence must not use a crew member on a boat being used by the licence holder to take yabbies or carp in the inland restricted fishery unless— > > > > > > > (i) if the boat is being used to take yabbies, the licence holder is using no more than 1 crew member to assist in that purpose and the licence holder is authorised to take yabbies in the inland restricted fishery under a class A endorsement in the fishery, or > > > > > > > (ii) if the boat is being used to take carp, the licence holder is authorised to take carp in the inland restricted fishery under a class A, class B or class D endorsement in the fishery, > > > > > (e) the holder of the licence, being a licence that is endorsed under the Act for the taking of sea urchin or turban shell (or both) in the sea urchin and turban shell restricted fishery, must not use a crew member on a boat being used by the licence holder for the taking of sea urchin or turban shell from the fishery unless the crew member is assisting the licence holder in the operation of the boat or other fishing equipment and is not taking sea urchin or turban shell from the fishery on the licence holder’s behalf, > > > > > (f) the holder of the licence must co-operate with, and provide any assistance reasonably required by, a fisheries officer or other person exercising functions conferred by the Act or the regulations, > > > > > (g) the holder of the licence must take all reasonable steps to ensure that all members of the crew, while assisting the holder of the licence to take fish, co-operate with, and provide any assistance reasonably required by, a fisheries officer or other person exercising functions conferred by the Act or the regulations. > > > (2) (Repealed) > > Note. > > Additional licence conditions apply to endorsement holders in restricted fisheries (see Part 9) or share management fisheries (see the share management plans for those fisheries). > > **cl 111:** Am 2022 (688), Sch 3\[5\]–\[7\].