Fishing and other restrictions in protection areas
10A Fishing and other restrictions in protection areas
(1) A person commits an offence if the person engages in amateur fishing from an unregistered vessel in a protection area.
Maximum penalty: 170 penalty units.
(2) The holder of a specified licence commits an offence if a vessel registered for the licence is used for fishing under the licence in a protection area.
Maximum penalty: 170 penalty units.
(2A) Subregulation (2) does not apply to the holder of an Off-shore Net and Line Fishery licence in relation to a protection area if the Director gives the holder written approval to use a vessel for fishing under the licence in the protection area.
(2B) An approval given to the holder of an Off-shore Net and Line Fishery licence under subregulation (2A) is conditional on the holder ensuring that any restrictions specified in the approval relating to the amount of any fish that may be taken in the protection area are complied with.
(2C) A person in control of an unregistered vessel commits an offence if:
(a) there is any fish or amateur fishing gear on board the vessel; and
(b) the vessel is in a protection area and is not under way and making way.
Maximum penalty: 170 penalty units.
The holder of a specified licence commits an offence if:
(a) there is any fish or fishing gear on board a vessel registered for the licence; and
(b) the vessel is in a protection area and is not under way and making way.
Maximum penalty: 170 penalty units.
(2E) Subregulation (2D) does not apply to the holder of an Off-shore Net and Line Fishery licence in relation to a protection area if the holder has been given approval under subregulation (2A) in relation to that area.
In this regulation:
protection area means each of the following:
(a) the area described as the Melville Island Protection Area in Schedule 1AB, Part 1;
(b) the area described as the Charles Point Protection Area in Schedule 1AB, Part 2;
(c) the area described as the Howland Shoal and Emu Reef Protection Area in Schedule 1AB, Part 3;
(d) the area described as the Lorna Shoal Protection Area in Schedule 1AB, Part 4;
(e) the area described as the Bathurst Island Protection Area in Schedule 1AB, Part 5.
specified licence means:
a Coastal Line Fishery licence; or
a Coastal Net Fishery licence; or
an Off-shore Net and Line Fishery licence; or
a Fishing Tour Operator licence.
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