107Non-commercial closed area transit report

107 Non-commercial closed area transit report

(1)  A non-commercial fisher must make a non-commercial closed area transit report, to the reporting service, if –

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

(b) as part of the non-commercial fishing trip, the non-commercial fisher enters an area of State waters that is closed for the taking of rock lobster, or possessing of rock lobster, by non-commercial fishers (a closed area); and

(c) there are rock lobster pots, rock lobster rings or rock lobsters on board the vessel being used for the trip.

Penalty:  Grade 2 penalty.

(2)  A non-commercial fisher must make a non-commercial closed area transit report under subrule (1) at least one hour before the non-commercial fisher enters the closed area.

Penalty:  Grade 2 penalty.

(3)  A non-commercial fisher is not guilty of an offence under subrule (1) or (2) in respect of not making a non-commercial closed area transit report if –

(a) the non-commercial fisher was not able, during the non-commercial fishing trip, to make the report –

(i) because of adverse weather conditions; or

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

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

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

(b) the non-commercial fisher notifies a fisheries officer in writing, within 24 hours after the report was to be made in accordance with subrule (1)(b), stating –

(i) that the non-commercial fisher was not able to make the report; and

(ii) the reason why the non-commercial was not able to make the report; and