(1)  In this rule –

restricted fishing means the following types of fishing:

(a) taking abalone by diving;

(b) taking rock lobster by –

(i) diving; or

(ii) rock lobster pots; or

(iii) rock lobster rings;

(c) taking scalefish by –

(i) trolling; or

(ii) line fishing with 5 or fewer hooks.

(2)  Subject to subrules (3) , (4) and (5) , a person must not –

(a) take any fish from State waters within a marine nature reserve; or

(b) have possession of any fish so taken.

Penalty:  Grade 3 penalty.

(3)  Subrule (2) does not apply to State waters within the Maria Island National Park that lie to the east of an imaginary line between Cape Boullanger and Cape Bougainville.

(4)  Subrule (2) does not apply to restricted fishing within –

(a) the area within the Kent Group National Park that is identified as being a restricted take zone on a plan in Part 1 of Schedule 1 ; or

(b) the area within the Southwest National Park that is identified as being a restricted take zone on a plan in Part 1 of Schedule 2 .

(5)  Subrule (2) does not apply to a person if the person is –

(a) the holder of a fishing licence (personal) endorsed in accordance with subrule (6) ; and

(b) acting in accordance with that endorsement.

(6)  The Minister may endorse a fishing licence (personal) to allow the holder of the licence to do one or more of the following:

(a) use apparatus specified in the endorsement in specified State waters within a marine nature reserve;

(b) take species or types of fish specified in the endorsement from specified State waters within a marine nature reserve;

(c) possess or sell fish taken in accordance with the endorsement.

(7)  In determining whether or not to endorse a licence in accordance with subrule (6) , the Minister is to have regard to the environmental impact of the apparatus specified in the licence.

(8)  The Minister may endorse a licence in accordance with subrule (6) subject to the conditions that the Minister considers appropriate and specifies in the endorsement.

(9)  The Minister is not to endorse a licence in accordance with subrule (6) to allow the holder of the licence to take fish within an area that –

(a) is within a marine nature reserve; and

(b) is identified as being a no take zone on a plan in the Central Plan Register.