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.