37Fishing for commercial purposes

37 Fishing for commercial purposes

[Rule 37 Substituted by S.R. 2023, No. 71, Applied:01 Nov 2023]

(1)  A person must not take scalefish for commercial purposes in State waters unless the person –

(a) holds, and takes the scalefish in accordance with, an appropriate authority; or

(b) in addition to a fishing licence (personal), holds the following licences specified on a fishing certificate, whether or not a species licence is also held by the person, and takes the scalefish in accordance with these licences:

(i) a fishing licence (vessel);

(ii) an apparatus licence; or

(c) holds, and takes the scalefish in accordance with, a fishing licence (personal) that is endorsed for the use of –

(i) spears to take flounder for commercial purposes; or

(ii) a maximum of 250 metres of beach seine net in waters between Point Sorell at Hawley, near Devonport, and North Point at Stanley; or

(iii) special small-mesh gillnet; or

(iv) small-mesh gillnet in Bass Strait; or

(v) if the person has never held a fishing licence (small-mesh gillnet), small-mesh gillnet in a shark refuge area.

Penalty:  Grade 3 penalty.

(2)  The Secretary may direct the holder of a fishing licence, who intends to take fish for commercial purposes under that licence, to ensure that –

(a) a vessel monitoring system, within the meaning of the Fisheries Rules 2019 , is installed on the vessel to be used by the holder to take fish for commercial purposes; and

(b) the vessel monitoring system, installed on a vessel under paragraph (a) , is operated during a fishing trip in which specified species of scalefish are intended to be taken for commercial purposes.

(3)  The holder of a fishing licence who is given a direction by the Secretary under must comply with that direction.