Fisheries (Rock Lobster) Rules 2022
46Restrictions on possession of female rock lobster during closed season for female rock lobster
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46 Restrictions on possession of female rock lobster during closed season for female rock lobster
(1) The holder of a fishing licence (rock lobster) must not, during a closed season for the female rock lobster fishery, possess female rock lobster in a fish cauf unless the female rock lobster were taken before that closed season commenced.
Penalty: Grade 3 penalty.
(2) The holder of a fishing licence (rock lobster) must not, during a closed season for the female rock lobster fishery, possess female rock lobster on a fishing vessel unless the fishing vessel –
(a) is in a port to which it had returned before, and not left since, that closed season commenced; or
(b) is on an authorised mooring to which it had returned before, and not left since, that closed season commenced; or
(c) is returning to a port of landing within 48 hours after the commencement of the closed season.
Penalty: Grade 3 penalty.
(3) The holder of a fishing licence (rock lobster) is not guilty of an offence under subrule (2) , in respect of rock lobster that were lawfully taken, by reason only of the fact that the vessel is transiting directly through an area of State waters.
(4) The holder of a fishing licence (rock lobster) who, following a fishing trip, possesses female rock lobster on a fishing vessel during a closed season for the female rock lobster fishery must unload the female rock lobster before the fishing vessel is used by any person for a further fishing trip.
Penalty: Grade 3 penalty.
(5) The holder of a fishing licence (rock lobster) is not guilty of an offence under subrule (2) or (4) in respect of any female rock lobster if –
(a) the licence holder has the approval of a fisheries officer to use alternative arrangements for holding female rock lobster on a fishing vessel during a closed season for the female rock lobster fishery; and
(b) the female rock lobster are held in accordance with that approval.
(6) If an approval under subrule (5) is given orally, the fisheries officer is to confirm that approval in writing to the licence holder as soon as practicable after it is given.