34Marking of rock lobster – non-commercial

34 Marking of rock lobster – non-commercial

(1)  A non-commercial fisher who takes a rock lobster must ensure that –

(a) the rock lobster’s tail fan is marked –

(i) in the prescribed manner; and

(ii) on the relevant tail fan segment for that rock lobster; and

(b) if the rock lobster is taken during a non-commercial fishing trip, the marking required under paragraph (a) is done –

(i) within 5 minutes after the rock lobster is brought to the vessel during the trip; and

(ii) within 250 metres from where the rock lobster is brought to the vessel during the trip; and

(iii) before another rock lobster pot is retrieved onto the vessel; and

(iv) before the vessel used for the trip –

(A) is piloted from where the rock lobster is brought to the vessel; and

(B) returns to the shore; and

(c) if the rock lobster is taken in any other way, including but not limited to from the shore, the marking required under paragraph (a) is done –

(i) within 5 minutes after the rock lobster is landed; and

(ii) within 50 metres of the place of landing.

Penalty:  Grade 2 penalty.

(2)  A non-commercial fisher must not possess rock lobster that is not marked in accordance with subrule (1).

Penalty:  Grade 3 penalty.