34Nature of buoys

34 Nature of buoys

(1)  [Rule 34 Subrule (1) substituted by S.R. 2023, No. 71, Applied:01 Nov 2023] A person must not set, or use, apparatus that is marked with a marker buoy, as required under these rules, unless that marker buoy –

(a) has a diameter of not less than 195 millimetres at its narrowest point; and

(b) floats on the surface of water; and

(c) is specifically designed as a buoy; and

(d) is marked with the marks required under these rules in such a way that the marks remain clear and legible while the buoy is in use; and

(e) has no deliberate marks other than the marks required under these rules for the activity for which the buoy is to be used.

Penalty:   Grade 1 penalty.

(2)  Subrule (1) does not apply to –

(a) the holder of a fishing licence (banded morwong); or

(b) a buoy that is used for marking a non-commercial gillnet for the purposes of rule 133(8) .

(3)  Unless otherwise specified, a mark that is required to be placed on a buoy under these rules must be in figures not less than 70 millimetres high and 12 millimetres wide.

(4)  [Rule 34 Subrule (4) inserted by No. 17 of 1996, Applied:12 Apr 2017] [Rule 34 Subrule (4) substituted by S.R. 2023, No. 71, Applied:01 Nov 2023] A person must not set or use apparatus that is marked with a buoy that is in addition to the buoys required, under these rules, for that apparatus unless the additional buoy –

(a) is marked as required, under these rules, for a buoy used with that apparatus; and

(b) bears no other deliberate marks other than the marks referred to in paragraph (a).

Penalty:  Grade 1 penalty.