25Restrictions on non-commercial setting and use, &c., of rock lobster pots

25 Restrictions on non-commercial setting and use, &c., of rock lobster pots

(1)  A non-commercial fisher must not, in State waters, set, use or possess more than one rock lobster pot at any one time.

Penalty:  Grade 3 penalty.

(2)  A non-commercial fisher must not, in State waters, set, use or possess a rock lobster pot during a non-commercial fishing trip during which fishing of any kind for commercial purposes is carried out.

Penalty:  Grade 3 penalty.

(3)  A non-commercial fisher must not, in State waters, set a rock lobster pot for a continuous period exceeding 48 hours.

Penalty:  Grade 3 penalty.

(4)  A non-commercial fisher is not guilty of an offence under subrule (3) in respect of a rock lobster pot if –

(a) the rock lobster pot is unable to be retrieved within 48 hours after it is set due to –

(i) adverse weather conditions; or

(ii) mechanical breakdown of, or structural damage to, the vessel from which the rock lobster pot is set; or

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

(iv) the non-commercial fisher being unable to locate the rock lobster pot; and

(b) in respect of the rock lobster pot referred to in paragraph (a) , the non-commercial fisher makes an irretrievable rock lobster pot report to the reporting service no later than 48 hours after the rock lobster pot was set.

(5)  If a non-commercial fisher makes an irretrievable rock lobster pot report in accordance with subrule (4)(b) , the non-commercial fisher must comply with the directions of the reporting service, or a fisheries officer, relating to the report.

Penalty:  Grade 3 penalty.

(6)  For the purposes of subrule (5) , if there is an inconsistency between a direction from the reporting service under this rule and a direction from a fisheries officer, the direction of the fisheries officer prevails to the extent of the inconsistency.