(1) A person must not
fish by means of using a fishing net, unless the person uses only one net at
any one time and —
(a)
where the net is a throw net, it —
(i)
has a length not exceeding 3 m measured from the centre
retrieval line to the lead line; and
(ii)
has a mesh of not more than 25 mm;
or
(b)
where the fishing net is not a throw net, it —
(i)
has a length not exceeding 60 m; and
(ii)
is not more than 25 meshes in depth; and
(iii)
does not have a bag or pocket; and
(iv)
has end floats with a diameter of not less than
150 mm on each of which is marked, in legible characters not less than 60
mm high and 10 mm wide, the gear identification number of that person;
and
(v)
has a mesh in accordance with subregulation (2); and
(vi)
where the fishing net is a haul net —
(I) does not have attached to it a rope
exceeding 25 m in length; and
(II) is not hauled
other than by hand;
and
(vii)
where the fishing net is a set net, has at all times one
edge floating on the surface of the water in which it is set; and
(viii)
is made of a material which is not less than 0.35 mm
in diameter.
(2) The mesh of a
fishing net referred to in subregulation (1)(b)(v) is to be not less than
—
(a) 63
mm or more than 87 mm, where the net is used in the waters of any estuary,
river or inlet, or in the entrance of any of those waters; or
(b) 51
mm or more than 114 mm, where the net is not set in any waters other than
those referred to in paragraph (a); or
(c) 75
mm or more than 114 mm, where the net is set in any waters other than those
referred to in paragraph (a).
(3) This regulation
does not apply —
(a) to a
person using a fishing net under the authority of a commercial fishing licence
or an aquaculture licence; or
(b) to
the taking of freshwater prawns (cherabin), crab, marron, freshwater crayfish
or prawn.
Penalty: $2 000.
[Regulation 64F inserted: Gazette
1 Oct 2003 p. 4306‑7; amended: Gazette
4 Oct 2019 p. 3609.]