47Restrictions on possession of rock lobster on fishing vessel during closed season for male rock lobster

47 Restrictions on possession of rock lobster on fishing vessel during closed season for male rock lobster

(1)  The holder of a fishing licence (rock lobster) who possesses rock lobster on a fishing vessel, including within a fish cauf, during a closed season for the male rock lobster fishery is guilty of an offence unless the licence holder does all of the following:

(a) makes a closed season report within 24 hours after the commencement of that closed season;

(b) within 14 days after the commencement of that closed season –

(i) weighs the rock lobster, if any, that have not been unloaded; and

(ii) after the weighing, completes the required sections of Part A of a commercial rock lobster catch record and quota docket; and

(iii) sends the pink and yellow sheets of the commercial rock lobster catch record and quota docket (with the required sections of Part A of the docket completed) to the Secretary;

(c) unloads all the rock lobster before the commencement of that licence holder's first fishing trip of the next open season for the male rock lobster fishery;

(d) whenever any of the rock lobster are unloaded from the fishing vessel –

(i) completes a new commercial rock lobster catch record and quota docket in accordance with Part 6 ; and

(ii) enters, on the new commercial rock lobster catch record and quota docket, the number of the docket referred to in paragraph (b)(ii) .

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (rock lobster) is not guilty of an offence under subrule (1) in respect of any rock lobster if –

(a) the licence holder has the Secretary's written approval to use alternative arrangements when holding rock lobster on a fishing vessel during a closed season for the male rock lobster fishery; and

(b) the rock lobster are held in accordance with that approval.

(3)  The holder of a fishing licence (rock lobster) is not guilty of an offence under in respect of any rock lobster that were taken legally by reason only of the fact that the vessel is transiting directly through an area of State waters.