(1)  A person must not, in State waters, set or use or be in possession of a rock lobster pot unless the person is an authorised person.

Penalty:  Grade 3 penalty.

(2)  An authorised person must not, in State waters, set or use or be in possession of a rock lobster pot during a closed season.

Penalty:  Grade 3 penalty.

(3)  However, the holder of a fishing licence (rock lobster) is not guilty of an offence under subrule (2) in respect of the possession of a rock lobster pot during a closed season if –

(a) the rock lobster pot is on a fishing vessel that –

(i) is returning to a port of landing within 48 hours after the end of an open season; or

(ii) is leaving a port within 48 hours before the commencement of an open season; or

(iii) is in port or on an authorised mooring and not undertaking a fishing trip; or

(b) the licensee has the written approval of a fisheries officer to be in possession of the rock lobster pot during the closed season; or

(c) the rock lobster pot has no bait or bait-holding device and the licensee –

(i) has the written approval of a fisheries officer to set a rock lobster pot of that kind; and

(ii) is complying with the conditions of that approval.

(4)  Also, an authorised person is not guilty of an offence under subrule (2) in respect of the setting or possession of a rock lobster pot in State waters during a closed season if the setting or possession occurs after 1 p.m. on the day immediately before the commencement of an open season.

(5)  A person must not, in State waters, place rock lobster in a rock lobster pot, or take rock lobster from a rock lobster pot, before the pot is hauled to the surface of the water.

Penalty:  Grade 3 penalty.

(6)  In this rule –

authorised person means –

(a) the holder of a fishing licence (rock lobster); or

(b) the holder of a fishing licence (recreational rock lobster pot); or

(c) an Aborigine engaging in an Aboriginal cultural activity.