84 Restrictions on setting, using and possessing rock lobster pots
(1) In this rule –
relevant person means –
(a) the holder of a fishing licence (rock lobster); or
(b) the holder of a fishing licence (recreational rock lobster pot); or
(c) an Aborigine engaging in an Aboriginal activity.
(2) A person must not, in State waters, set, use or possess a rock lobster pot unless the person is a relevant person.
Penalty: Grade 3 penalty.
(3) A relevant person must not set, use or possess a rock lobster pot –
(a) in State waters during a closed season in respect of the relevant person; or
(b) in a catch-cap area that is closed to fishing by the relevant person.
Penalty: Grade 3 penalty.
(4) A relevant person is not guilty of an offence under subrule (3) in respect of the setting of a rock lobster pot in State waters during a closed season if the setting occurs after 1 p.m. on the day immediately before the commencement of an open season.
(5) The holder of a fishing licence (rock lobster) is not guilty of an offence under subrule (3) in respect of the possession of a rock lobster pot during a closed season, or in a catch-cap area that is closed to fishing, if –
(a) the rock lobster pot is on a fishing vessel that –
(i) is returning to a port of landing within 48 hours after the end of an open season; or
(ii) is leaving a port within 60 hours before the commencement of an open season; or
(iii) is in a port of landing or on an authorised mooring and not undertaking a fishing trip; or
(iv) is returning to port from a part of the rock lobster fishery that is open; or
(v) is transiting directly to a part of the rock lobster fishery that is open, in accordance with a report made under ;
Section 84 - Fisheries (Rock Lobster) Rules 2022 - Restrictions on setting, using and possessing rock lobster pots | Zoe
[Rule 84 Subrule (5) amended by No. 17 of 1996, Applied:23 Jan 2025]
(b) the licence holder has the approval of a fisheries officer to possess the rock lobster pot during the closed season; or
(c) the licence holder –
(i) has the approval of a fisheries officer to set a rock lobster pot of that kind; and
(ii) is complying with that approval.
(6) A relevant person, other than the holder of a fishing licence (rock lobster), is not guilty of an offence under subrule (3) in respect of the possession of a rock lobster pot in State waters during a closed season if –
(a) the relevant person is travelling directly through a closed part of the rock lobster fishery on the way to, or from, an open part of the fishery; and
(b) the possession occurs –
(i) after 6 a.m. on the day immediately before the commencement of an open season; or
(ii) in accordance with a published notice, by the Minister, while that notice is in effect.
(7) A relevant person, other than the holder of a fishing licence (rock lobster), is not guilty of an offence under subrule (3) in respect of the possession of a rock lobster pot in State waters during a closed season if –
(a) the relevant person possessed the rock lobster pot in one of the following areas of State waters:
(i) the D'Entrecasteaux Channel;
(ii) the River Derwent;
(iii) a designated area specified by the Secretary in accordance with subrule (8) ; and
(b) at the relevant time, the relevant person was travelling directly through the relevant area of State waters to a public wharf, public boat ramp or public jetty, within the relevant area specified in paragraph (a) ; and
(c) within 60 minutes of entering into the relevant area referred to in paragraph (a) , the relevant person had made a non-commercial closed area transit report; and
(d) all rock lobster were unloaded from the vessel, being used by the relevant person, within 60 minutes after first arriving at the public wharf, public boat ramp or public jetty with the rock lobster on board the vessel.
(8) The Secretary may, by published notice, specify a part of State waters to be a designated area for the purposes of subrule (7)(a)(iii) .
(9) A published notice for the purposes of subrule (8) –
(a) must clearly identify the part of State waters to which it applies; and
(b) may specify that it applies in respect of all relevant persons, or a specified class of relevant persons, other than a holder of a fishing licence (rock lobster).