(1) The master of a
boat, other than a fishing boat, must not cause or permit —
(a) more
than 6 rock lobster pots to be carried on the boat at any time; or
(b) a
person on board the boat to pull a rock lobster pot unless that person is the
holder of a recreational fishing licence specifying that the holder may fish
for rock lobsters; or
(c) more
than 6 rock lobster pots to be pulled by persons on board the
boat —
(i)
if the boat makes more than one voyage in a day, during
any one voyage; or
(ii)
if the boat —
(I) makes only one voyage in a day; or
(II) is on a voyage
lasting more than one day,
during any one day.
(2A)
Subregulation (1)(a) does not apply in respect of a licensed carrier boat
carrying unbaited rock lobster pots under the terms of its licence.
(2B)
Subregulation (1)(b) does not apply in respect of a person who is on
board a boat that is specified on a fishing tour operator’s licence, or
a restricted fishing tour operator’s licence, granted under
regulation 128J and is —
(a) a
participant of a fishing tour; or
(b) a
master, or a member of the crew, of the boat during a fishing tour.
(2) The master of a
fishing boat must not cause or permit any person on board the boat to pull a
rock lobster pot unless the use of that pot is authorised under an
authorisation granted under section 66 of the Act.
Penalty for an offence under
subregulation (1) or (2): a fine of $5 000.
[Regulation 36 amended: Gazette
10 Nov 2006 p. 4707; 6 Jul 2007 p. 3387;
5 Nov 2009 p. 4412; 25 Sep 2012 p. 4520; 30 Jun
2015 p. 2331‑2; 4 Oct 2019 p. 3531.]