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s 87

Use and possession of commercial fishing gear

In force
Part 8Offences
Division 8.3Offences in relation to fishing gear

87 Use and possession of commercial fishing gear

(1)

A person commits an offence if the person—

(a)

uses commercial fishing gear in or beside public waters; and

(b)

does not hold a licence authorising the use of the gear.

Maximum penalty: 100 penalty units.

(2)

A person commits an offence if the person—

(a)

the person is—

(i)

in or beside public waters; and

(ii)

in possession of commercial fishing gear; and

(b)

does not hold a licence authorising the use of the gear.

Maximum penalty: 50 penalty units.

(3)

An offence against subsection (2) is a strict liability offence.

(4)

For this section, a person is taken to use or be in possession of commercial fishing gear if, but only if, the person uses or is in possession of—

(a)

a number of lines more than the number determined by the Minister in writing; or

(b)

a number of nets more than the number determined by the Minister in writing; or

(c)

a net larger than the size determined by the Minister in writing; or

(d)

other equipment determined by the Minister in writing.

(5)

A determination under subsection (4) is a disallowable instrument.

Division 8.4 Protection of aquatic habitats

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