86Restriction on number of rock lobster pots that may be possessed, set or used

86 Restriction on number of rock lobster pots that may be possessed, set or used

(1)  In this rule –

60-pot area means the area of State waters bounded in the south by a line running due south at 146° 42' 19" East on the south coast (South Cape) and bounded in the north by a line running westward at 41° South on the west coast (Bluff Hill Point).

(2)  The holder of a fishing licence (rock lobster) must not, at any one time, set, use or possess, or cause any other person to set, use or possess, more than 50 rock lobster pots, in aggregate, in State waters other than waters within the 60-pot area.

Penalty:  Grade 3 penalty.

(3)  It is a defence in proceedings for an offence under subrule (2) if the defendant establishes that, at the relevant time, the defendant was –

(a) transiting directly through an area of State waters on the way to, or from, the 60-pot area; and

(b) in possession of no more rock lobster pots than the number of rock lobster pots specified in the relevant pre-fishing report.

(4)  The holder of a fishing licence (rock lobster) must not, at any one time, set, use or possess, or cause any other person to set, use or possess, more than 60 rock lobster pots, in aggregate.

Penalty:  Grade 3 penalty.