5Using vessel without fishing licence (vessel)

5 Using vessel without fishing licence (vessel)

(1)  Subject to subrules (2) , (3) and (4) , a person must not use for commercial purposes, in State waters, a vessel for fishing or carrying fish unless the vessel is specified in a fishing licence (vessel) –

(a) held by that person; or

(b) for which that person is the supervisor under the Act.

Penalty:  Grade 2 penalty.

(2)  Subrule (1) does not apply to a person using an auxiliary vessel in accordance with rule 17 .

(3)  Subrule (1) does not apply to the holder of a marine farming licence, or a person acting with the authority of that holder, while the person is using a fishing vessel –

(a) within the waters to which the licence relates; or

(b) for any purpose or activity carried out in accordance with the licence; or

(c) for the purpose of taking mussel spat from the wild in accordance with a fishing licence (mussel spat collection); or

(d) for the purpose of taking scallop spat from the wild in accordance with a fishing licence (scallop spat collection).

(4)  Subrule (1) does not apply to the holder, or supervisor, of a fishing licence (abalone dive), fishing licence (commercial dive), marine plant licence or shellfish licence if the holder of the licence is diving from a fishing vessel that is specified in a fishing licence (vessel).

(5)  A person must not take fish for commercial purposes using a fishing vessel unless the fish are taken for that purpose in accordance with an authorisation.

Penalty:  Grade 2 penalty.