52Spear guns and bowfishing equipment—the Act, s 23

#### 52 Spear guns and bowfishing equipment—the Act, s 23 52 Spear guns and bowfishing equipment—the Act, s 23 > > (1) A person must not— > > > > > (a) use a spear gun in inland waters for the purpose of taking fish, or > > > > > (b) use a spear gun for the purpose of taking fish in any of the waters described in Schedule 4, or > > > > > (c) use a spear gun aided by lights in any waters for the purpose of taking fish. > > > > Maximum penalty—50 penalty units. > > > (2) A person must not take any fish in any waters by means of a spear gun that is fitted with an explosive device. > > > > Maximum penalty—100 penalty units. > > > (3) A person must not take fish in any waters using a bow and arrow, except as provided by subclause (4). > > > > Maximum penalty—50 penalty units. > > > (4) A person may take carp from inland waters using bowfishing equipment if the person takes the carp— > > > > > (a) during the period commencing 30 minutes before sunrise and ending 30 minutes before sunset, and > > > > > (b) without the aid of lights, and > > > > > (c) at least 100 metres from another person, other than persons in the company of the person taking carp, and > > > > > (d) at least 100 metres from a boat ramp, dwelling, camping ground, picnic area or another vessel, and > > > > > (e) at least 500 metres from a caravan park. > > > (5) In this clause— > > > > bowfishing equipment means— > > > > > (a) a hand held bow with a reel of no more than 30 metres of fishing line, and > > > > > (b) an arrow, attached to the fishing line, with barbs and without fletching. > > > > carp means fish of the species *Cyprinus carpio* and does not include goldfish or any other species of finfish not indigenous to inland waters of New South Wales, such as redfin (*Perca fluviatilis*). > > > > spear gun includes a spear or similar device. > > **cl 52:** Am 2021 (505), Sch 1\[1\] \[2\]; 2023 (13), Sch 5\[11\] \[12\].