87Restrictions on setting, use and possession of rock lobster pots for commercial purposes

87 Restrictions on setting, use and possession of rock lobster pots for commercial purposes

(1)  The holder of a fishing licence (rock lobster) must not, in State waters, set, use or possess, or cause any other person to set, use or possess, more rock lobster pots than the number specified on the licence.

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 a rock lobster pot if –

(a) the rock lobster pot does not have bait or a bait-holding device; and

(b) the licence holder has the approval of a fisheries officer to possess and set a rock lobster pot of that kind; and

(c) the licence holder is complying with the conditions of that approval.

(3)  The holder of a fishing licence (rock lobster) must not, in State waters, set, use or possess any rock lobster pots under the licence unless the fishing quota unit balance for the licence is greater than zero kilograms.

Penalty:  Grade 3 penalty.

(4)  The holder of a fishing licence (rock lobster) is not guilty of an offence under subrule (3) in respect of the possession of rock lobster pots on a fishing vessel if that fishing vessel is –

(a) in port or on an authorised mooring; and

(b) not undertaking a fishing trip.