Use and possession of commercial fishing gear
87 Use and possession of commercial fishing gear
A person commits an offence if the person—
uses commercial fishing gear in or beside public waters; and
does not hold a licence authorising the use of the gear.
Maximum penalty: 100 penalty units.
A person commits an offence if the person—
the person is—
in or beside public waters; and
in possession of commercial fishing gear; and
does not hold a licence authorising the use of the gear.
Maximum penalty: 50 penalty units.
An offence against subsection (2) is a strict liability offence.
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 number of lines more than the number determined by the Minister in writing; or
a number of nets more than the number determined by the Minister in writing; or
a net larger than the size determined by the Minister in writing; or
other equipment determined by the Minister in writing.
A determination under subsection (4) is a disallowable instrument.
Division 8.4 Protection of aquatic habitats
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