8Who may take tropical rock lobster in the TRL fishery

8 Who may take tropical rock lobster in the TRL fishery

(1) A person (whether or not a traditional inhabitant) may take tropical rock lobster in the TRL fishery during a fishing season if, at the time the tropical rock lobster are taken: (a) the person holds a TRL fishing licence; and (b) the person holds unused quota units for the fishing season (whether or not by way of a temporary transfer).

Note: The taking of tropical rock lobster may also be authorised by a Papua New Guinea licence that has been endorsed under section 20 of the Act or a permit granted under section 12 of the Act. The management of such fishing is not covered by this instrument.

(2) A person who is a traditional inhabitant may take tropical rock lobster in the TRL fishery during a fishing season if, at the time the tropical rock lobster are taken: (a) the person holds a traditional inhabitant TRL fishing licence; and (b) a notice under section 11 is not in force in relation to the fishing season. (3) To avoid doubt, a person is not required to hold unused quota units for the fishing season if the person is: (a) carrying or transhipping tropical rock lobster on board a boat; or (b) engaging in fishing activities that are specified in, and authorised by, a permit for scientific or developmental purposes (provided the permit does not specify that the person must hold unused quota units in relation to those activities).

Note: This section does not apply to traditional inhabitants engaged in traditional fishing. Under an arrangement made under section 31 of the Act the Authority has the management of commercial fishing, which is defined in the Act as not including traditional fishing.