106Non-commercial zone transit report

106 Non-commercial zone transit report

(1)  A non-commercial fisher must make a non-commercial zone transit report, to the reporting service, before leaving a fishing zone if the non-commercial fisher –

(a) is undertaking a non-commercial fishing trip; and

(b) takes or possesses rock lobster in the fishing zone during the trip; and

(c) intends to leave the fishing zone –

(i) where rock lobster is taken; or

(ii) while rock lobster is on board the vessel being used for the trip.

Penalty:  Grade 2 penalty.

(2)  A non-commercial zone transit report under subrule (1)  –

(a) must be made before the non-commercial fisher leaves the fishing zone where the rock lobster were taken; and

(b) must not be made less than one hour before the non-commercial fisher leaves that fishing zone; and

(c) must be accurate at the time when the non-commercial fisher leaves that fishing zone.

Penalty:  Grade 1 penalty.

(3)  A non-commercial fisher is not guilty of an offence under subrule (1) in respect of not making a non-commercial zone transit report if the non-commercial fisher was not able, during the non-commercial fishing trip, to make the non-commercial zone transit report –

(a) because of adverse weather conditions; or

(b) because of mechanical breakdown of, or structural damage to, the vessel on which the non-commercial fisher was undertaking the trip; or

(c) because of illness or incapacity of the non-commercial fisher; or

(d) so as to avoid or prevent serious danger or damage to the vessel used by the non-commercial fisher for the trip.