Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This section declares the nets and prescribes the limitations on netting (within the ordinary meaning of the expression) for the purposes of the definition of bait netting in the Zoning Plan.
(2) The following nets are declared:
(a) for a recreational fisher--a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following provisions of the Fisheries Declaration:
(i) for a cast net--section 154;
(ii) for a scoop net--section 155;
(iii) for a seine net--section 156;
(b) for a commercial fisher--a cast, scoop or mesh net that complies with the size, measurement and other physical requirements in the following provisions of the Commercial Fisheries Regulation:
(ii) for a cast net--section 119 of Schedule 4;
(iii) for a scoop net--section 120 of Schedule 4;
(iv) for a mesh net (other than a seine net)--section 121 of Schedule 4.
(3) The following limitations are prescribed:
(a) for a recreational fisher--bait netting must be in accordance with section 138 of the Fisheries Declaration;
(b) for a commercial fisher:
(ii) while using a cast net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and
(iii) while using a scoop net for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation; and
(iv) while using a mesh net (other than a seine net), bait netting must be in accordance with sections 138 and 140 of the Fisheries Declaration and sections 118, 121 and 124 of Schedule 4 to the Commercial Fisheries Regulation and, if the net is used for taking N11 fish, the fisher must comply with the licence condition in section 38 of the Commercial Fisheries Regulation;
(c) a commercial fisher must not:
(i) take a non - bait fish in the Conservation Park Zone using a net mentioned in subsection (2); or
(ii) possess (whether or not in the Conservation Park Zone) a non - bait fish that was taken in the Conservation Park Zone using a net mentioned in subsection (2).
(4) However, a commercial fisher does not take or possess a non - bait fish if:
(a) the fish is taken unintentionally; and
(b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and
(c) the fisher immediately releases the fish into water deep enough to allow the fish to escape.