88Restrictions on length of time rock lobster pots may be continuously set in commercial fishery

88 Restrictions on length of time rock lobster pots may be continuously set in commercial fishery

(1)  The holder of a fishing licence (rock lobster) must not fail to retrieve a rock lobster pot in State waters within the 48-hour period after the rock lobster pot was set.

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 cannot be retrieved within 48 hours after it is set because of –

(i) adverse weather conditions; or

(ii) mechanical breakdown of, or structural damage to, the fishing vessel from which the rock lobster pot is set; or

(iii) illness or incapacity of the licence holder; and

(b) the licence holder notifies a fisheries officer in writing, within 48 hours after the rock lobster pot is set, that the rock lobster pot cannot be retrieved within that period and the reason why it cannot be so retrieved; and

(c) the licence holder, within 48 hours after giving the notice referred to in paragraph (b) , advises a fisheries officer of the arrangements made to retrieve the rock lobster pot; and

(d) the licence holder ensures that the rock lobster pot is retrieved in accordance with such directions as the fisheries officer referred to in paragraph (c) may give the licence holder for its retrieval.

(3)  The holder of a fishing licence 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 written approval of a fisheries officer to set a rock lobster pot of that kind; and

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