AustLII Tasmanian Numbered Regulations

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FISHERIES RULES 2019 (S.R. 2019, NO. 67) - REG 5

PART 2 - General Provisions Division 1 - Taking or possessing fish Using vessel without fishing licence (vessel)

(1)  Subject to subrules (2) , (3) and (4) , a person must not use for commercial purposes, in State waters, a vessel for fishing or carrying fish unless the vessel is specified in a fishing licence (vessel) –
(a) held by that person; or
(b) for which that person is the supervisor under the Act.
Penalty:  Grade 2 penalty.
(2)  Subrule (1) does not apply to a person using an auxiliary vessel in accordance with rule 17 .
(3)  Subrule (1) does not apply to the holder of a marine farming licence, or a person acting with the authority of that holder, while the person is using a fishing vessel –
(a) within the waters to which the licence relates; or
(b) for any purpose or activity carried out in accordance with the licence; or
(c) for the purpose of taking mussel spat from the wild in accordance with a fishing licence (mussel spat collection); or
(d) for the purpose of taking scallop spat from the wild in accordance with a fishing licence (scallop spat collection).
(4)  Subrule (1) does not apply to the holder, or supervisor, of a fishing licence (abalone dive), fishing licence (commercial dive), marine plant licence or shellfish licence if the holder of the licence is diving from a fishing vessel that is specified in a fishing licence (vessel).
(5)  A person must not take fish for commercial purposes using a fishing vessel unless the fish are taken for that purpose in accordance with an authorisation.
Penalty:  Grade 2 penalty.



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