24Diving restrictions

24 Diving restrictions

(1)  In this rule –

noose means a device comprising a loop that is –

(a) formed from rope, cord or wire; and

(b) attached to a pole, rod or tube.

(2)  A person must not take rock lobster for non-commercial purposes by diving unless the person is –

(a) the holder of a fishing licence (recreational rock lobster dive); or

(b) an Aborigine engaging in an Aboriginal activity.

Penalty:  Grade 3 penalty.

(3)  A person must not, when diving in State waters, take rock lobster by any means other than a bare or gloved hand.

Penalty:  Grade 3 penalty.

(4)  A non-commercial fisher must not, in State waters, possess –

(a) a crook while diving; or

(b) a noose while diving; or

(c) a noose on a vessel.

Penalty:  Grade 3 penalty.

(5)  In any proceedings for an offence under subrule (4)(c) , it is a defence if the defendant establishes that –

(a) the relevant noose was a device commonly known as a snooter which was on the relevant vessel only for the purposes of game fishing; and

(b) the relevant vessel was –

(i) in a port or on an authorised mooring; or

(ii) on a non-commercial fishing trip during which no diving for rock lobster was carried out.