12Application of bag limits to declared charter fishing activities

12 Application of bag limits to declared charter fishing activities

12 Application of bag limits to declared charter fishing activities

(1) A daily limit or possession limit specified in Schedule 1 or this Division does not apply in relation to charter fishing exempt fish in the possession of—

(a) a person operating or guiding a boat, or a person being guided or instructed on a boat, under a charter fishing licence in relation to a declared charter fishing activity, or

(b) a person carrying out a declared charter fishing activity.

(2) However, subclause (1) applies only if—

(a) the fish were taken for use as bait in a declared charter fishing activity, and

(b) the fish are not taken or in possession for sale.

(3) In this clause—

charter fishing exempt fish means the following species of fish—

(a) Engraulis australis (Australian anchovy),

(b) family Hemiramphidae (garfish) other than Hyporhamphus australis (eastern sea garfish),

(c) family Atherinidae (hardyhead, silverfish),

(d) Herklotsichthys castelnaui (southern herring),

(e) Scomber australasicus (blue mackerel, slimy mackerel),

(f) Etrumeus teres (maray, round herring),

(g) Sardinops sagax (Australian sardine, pilchard),

(h) Spratelloides robustus (blue sprat, bluebait),

(i) Hyperlophus vittatus (sandy sprat, whitebait),

(j) Trachurus spp. (yellowtail, jack mackerel).

cl 12: Am 2019 No 14, Sch 2.9[1]. Subst 2023 (13), Sch 5[5].