46Amateur fishing gear

46 Amateur fishing gear (1) A person engaged in amateur fishing must not use or have possession of fishing gear other than the following items or an item ancillary to the use of the gear: (a) vertical line, as hand line or rod and reel; (b) float line; (c) troll line; (d) complying freshwater pot; (e) complying marine pot; (f) dilly pot; (g) amateur drag net (h) cast net; (i) scoop net; (j) bow and arrow other than crossbow; (ja) spear-gun; Fisheries Regulations 1992 32 (k) gaff (including hand-held hook); (l) hand spear; (m) knife. (2) A person must not engage in amateur fishing on a registered vessel, other than a vessel registered for the purposes of a Fishing Tour Operator licence or an Aboriginal Coastal licence. (3) A person engaged in amateur fishing must not take fish when using underwater breathing apparatus. 46AAA Limit on number of pots in use (1) A person must not use more than 5 pots when engaging in amateur fishing for freshwater crustaceans outside the Daly River Fish Management Zone. (2) A person must not use more than 3 pots when engaging in amateur fishing for freshwater crustaceans in the Daly River Fish Management Zone. Note for regulation 46AAA See the Mud Crab Fishery Management Plan 2006 for the number of pots that may be used by a person engaged in amateur fishing for mud crabs. 46AAB Limit on number of pots in possession (1) A person who is outside the Daly River Fish Management Zone commits an offence if at any time the person has possession of: (a) a total of more than 10 regulated pots; or (b) more than 5 complying freshwater pots; or (c) more than 5 complying marine pots. Fisheries Regulations 1992 33 (2) A person who is in the Daly River Fish Management Zone commits an offence if at any time the person has possession of: (a) a total of more than 8 regulated pots; or (b) more than 3 complying freshwater pots; or (c) more than 5 complying marine pots. (3) Subregulations (1) and (2) do not apply to a person who is on a vessel if there are one or more other persons on the vessel. (4) It is a defence to a charge of an offence against subregulation (1) or (2) if the defendant proves: (a) any excess pots were at the defendant's place of permanent residence; or (b) the defendant was permitted to have possession of any excess pots under a licence. 46AAC Vessel limit for pots (1) This regulation applies to a vessel, other than a registered vessel, on which there are 2 or more people. (2) Each person on the vessel commits an offence if: (a) the vessel is outside the Daly River Fish Management Zone; and (b) any of the following apply: (i) there are a total of more than 20 regulated pots on the (ii) there are more than 10 complying freshwater pots on the (iii) there are more than 10 complying marine pots on the (3) Each person on the vessel commits an offence if: Fisheries Regulations 1992 34 (b) any of the following apply: (i) there are a total of more than 16 regulated pots on the (ii) there are more than 6 complying freshwater pots on the (iii) there are more than 10 complying marine pots on the Division 2 Possession, size and certain vessel limits for 46AA Definitions baitfish (Division 2) means any of the following: (a) fish of the family Mugilidae (commonly known as mullet); (b) fish of the family Hemiramphidae (commonly known as garfish); (c) fish of the family Sillaginidae (commonly known as whiting). crab does not include mud crab. pilchard means fish of the family Clupeidae or family Engraulidae (commonly known as pilchards, herring and sardines). red snapper (Division 2) means fish of the species Lutjanus malabaricus, Lutjanus erythropterus or Lutjanus bitaeniatus (commonly known as red snapper). saltwater prawn means a crustacean of the family Penaeidae (commonly known as a saltwater prawn). shark (Division 2) means fish of the Class Chondricthyes but does not include ray, skate or chimaera. Fisheries Regulations 1992 35 46AB Amateur possession limits – specified fish (1) A person must not have possession of more than the permitted number of specified fish. or permitted number, of specified fish, means the number specified in the table below opposite the specified fish. specified fish means fish specified in the table below. Specified fish Permitted number baitfish (Division 2) 50 billfish 1 black jewfish 2 bream 15 cephalopods 30 cod 5 crabs 30 golden snapper 3 king threadfin 3 mangrove jack 3 pilchards 100 red snapper (Division 2) 10 sharks (Division 2) 3 Note for regulation 46AB Certain species of shark must not be taken – see regulation 9(1)(b) and (c). Fisheries Regulations 1992 36 46AC Amateur possession limit – regulated molluscs and saltwater prawns A person must not have possession of more than 10 L (the permitted amount) of regulated molluscs or saltwater prawns. (a) for less than 3 times the permitted amount – 8 penalty units; or (b) for 3 times the permitted amount or more – 85 penalty units. Notes for regulation 46AC 1 Giant clams must not be taken – see regulation 9(1)(d). 2 Regulated molluscs must be kept in their shells except in specified circumstances – see regulation 46BA. 46AD Amateur possession limit – maximum size for king threadfin in Fish Management Zone (1) A person must not have possession in a Fish Management Zone of a king threadfin that has a fork length greater than 90 cm. (2) It is a defence to a charge of an offence against subregulation (1) if the defendant proves that: (a) the king threadfin was taken by a person fishing from a vessel in a Fish Management Zone; and (b) an offence against regulation 46BAD was not committed in respect of the king threadfin. (3) Subregulation (2) does not limit regulation 46AF. (4) In this regulation: vessel, see regulation 46BAA. 46AE Amateur possession limit – minimum size for mangrove jack (1) A person must not have possession of a mangrove jack that has a total length of less than 35 cm. Fisheries Regulations 1992 37 total length, of a mangrove jack, means the length of the mangrove jack measured from the tip of the snout to the tip of the longest part or segment of the tail fin while the fish is lying flat on a measuring tape or measuring device. Subdivision 4 General defence for Subdivisions 2 and 3 46AF General defence for Subdivisions 2 and 3 It is a defence to a charge of an offence against Subdivision 2 or 3 if the defendant proves that the fish that are the subject of the charge were: (a) taken under a licence or permit; or (b) at the defendant's place of permanent residence. Subdivision 5 Other possession and certain vessel limits for 46AG Amateur possession limit – freshwater prawns and freshwater crustaceans (1) A person must not have possession, in the Daly River Fish Management Zone, of more than: (a) 10 freshwater prawns; or (b) 30 freshwater crustaceans. (a) for possession of 11 to 29 freshwater prawns or 31 to 89 freshwater crustaceans – 8 penalty units; or (b) for possession of more than 29 freshwater prawns or 89 freshwater crustaceans – 85 penalty units. (2) A person must not have possession, in any other place, of more than 30 freshwater crustaceans. (a) for possession of 31 to 89 freshwater crustaceans – 8 penalty units; or (b) for possession of more than 89 freshwater crustaceans – 85 penalty units. Fisheries Regulations 1992 38 (2A) Subregulations (1) and (2) do not apply to a person who is on a vessel if there are one or more other persons on the vessel. (3) It is a defence to a charge of an offence against subregulation (1) or (2) if the defendant proves that the freshwater prawns or freshwater crustaceans: (a) were taken under a licence or permit; or (b) were at the defendant's place of permanent residence. (4) Subregulations (4A) and (4B) apply to a vessel, other than a registered vessel, on which there are 2 or more people. (4A) Each person on the vessel commits an offence if: (b) more than the following number (the permitted number) of freshwater prawns are on the vessel: (i) if there are only 2 people on the vessel – 20 freshwater prawns; (ii) if there are 3 or more people on the vessel – 30 freshwater prawns. or (4B) Each person on the vessel commits an offence if: (b) more than the following number (the permitted number) of freshwater crustaceans are on the vessel: (i) if there are only 2 people on the vessel – 60 freshwater crustaceans; (ii) if there are 3 or more people on the vessel – 90 freshwater crustaceans. or Fisheries Regulations 1992 39 (5) Unless permitted to do so under a licence, a person must not take, or have possession of, a female freshwater crustacean bearing eggs or live young.