40Commercial lobster trap

#### 40 Commercial lobster trap 40 Commercial lobster trap > > (1) It is lawful for an endorsement holder to use a trap for taking rock lobster for sale in the waters specified in the Table to this clause if the trap complies with the description set out in relation to those waters in that Table and the conditions referred to in subclauses (2) and (2A) (if applicable) are complied with. > > > (2) A commercial lobster trap must not be set or used unless its position is indicated by— > > > > > (a) a buoy that— > > > > > > > (i) is moored so as to be positioned above the trap with no rope floating on the surface of the water, and > > > > > > > (ii) has a diameter above the water of not less than 100 millimetres, and > > > > > > > (iii) (Repealed) > > > > > > > (iv) displays the number allocated to the endorsement holder by NSW Fisheries for use on the trap, in clearly legible figures that are not less than 50 millimetres in height and are of a colour that clearly contrasts with that of the buoy, or > > > > > (b) a plastic tag, or a concrete block, that— > > > > > > > (i) is of a size and type approved by the Secretary, and > > > > > > > (ii) is submerged, and > > > > > > > (iii) displays the number allocated to the endorsement holder by NSW Fisheries for use on the trap, in clearly legible figures that are not less than 50 millimetres in height. > > > (2A) If the commercial trap is set or used in waters specified in a register maintained by the Secretary for the purposes of this clause and notified in writing to shareholders, the position of the trap must be indicated as specified in subclause (2) (b) and not as specified in subclause (2) (a). > > > (3) Subclauses (2) and (2A) do not apply in respect of a trap used that is set or used in ocean waters more than 10 metres deep (contour) if the trap (including any rope and float attached to the trap) is submerged and set using a time release mechanism. > > > (4) It is also lawful for an endorsement holder to use a trap for taking other fish (other than any prohibited size fish) in ocean waters more than 10 metres deep (contour) if the other fish are taken by the trap when it is being lawfully used for taking rock lobster. > > > (5) For the purposes of this Plan or any other instrument under the Act, a trap referred to in this clause may be referred to as a commercial lobster trap. > > Table > > Commercial lobster trap > > | Waters | Description of trap | > | Any waters (other than inland waters and any waters more than 10 metres deep (contour)) | Inshore lobster trap | > | Ocean waters more than 10 metres deep (contour) | Offshore lobster trap | > > Note— > > Section 24 of the Act provides that a person must not use a trap for taking any fish unless the use by the person for taking those fish is declared by the regulations to be a lawful use of the trap. The offence carries a maximum penalty of 1,000 penalty units (in the case of a corporation) or 200 penalty units or imprisonment for 6 months, or both (in the case of an individual). > > Note that “prohibited size fish” are fish that do not comply with the maximum or minimum size requirements (if any) specified for the fish in the [Fisheries Management (General) Regulation 2019](/view/html/inforce/current/sl-2019-0407), clause 6.