11NPriority between endorsement holders using nets on recognised fishing grounds

11N Priority between endorsement holders using nets on recognised fishing grounds

11N Priority between endorsement holders using nets on recognised fishing grounds

(1) The rights of priority between endorsement holders taking or intending to take fish on the same recognised fishing ground, by the method for which the area concerned is a recognised fishing ground, are determined as follows—

(a) the first turn belongs to the crew that first arrives at a recognised fishing ground with a boat and with a net laid ready for use by the relevant method,

(b) the next turn belongs to the crew that next arrives with such a boat and net, and so on,

(c) a turn concludes when a crew has shot its net, but in no case extends over a longer period than 24 hours as against any other crew ready and waiting to haul,

(d) during its turn a crew has exclusive rights to so much of a recognised fishing ground or ocean beach area as equals in length, measured along the foreshore from the point where the boat belonging to that crew is or was positioned or lying, the total length of the net in use or intended to be used, in the direction in which the net is shot or laid ready for shooting,

(e) a crew is not entitled to a second turn until all other crews on the fishing ground or ocean beach area have had their first turn,

(f) the crew of a boat waiting for a turn automatically forfeits its turn if any member of that crew acts as a member of the crew of a boat making a haul,

(g) 2 or more turns may be taken simultaneously if the waters being fished admit of double-banking, provided that no net is shot around an inner net within 7.5 metres of the cork line of that inner net without the consent of the crew operating that inner net.

(2) In this clause, crew means such number of endorsement holders as are required to effectively operate the net in use or intended to be used from the boat from which it is being or will be used.

(3) A fisheries officer is to determine the number of endorsement holders required to effectively operate a net and that determination is final and conclusive.