60   Recreational lobster trap

(1)  It is lawful for a person to use a trap for taking lobster in the waters specified in the Table to this clause if the trap complies with the description set out in relation to those waters in that Table and the conditions referred to in subclause (2) are complied with.

(2)  The following conditions must be complied with:

(a)  the lobster trap is not set or used unless its position is indicated by a buoy which:

(i)  is moored so as to be positioned above the trap, and

(ii)  has a diameter above the water of not less than 100 mm, and

(iii)  has a weight of not less than 50 gm suspended not less than 1.5 metres under the float so that no rope is floating on the surface of the water, and

(iv)  displays “L” followed by the name of the person who set the trap, in clearly visible letters which are not less than 50 mm in height and are of a colour which contrasts with that of the buoy,

(b)  a person does not set or use more than 1 lobster trap at any one time.

(3)  This clause does not apply to or in respect of a commercial fisher who is taking rock lobster (that is, fish of the species Jasus verreauxi, Jasus edwardsii, Panulirus longipes and Panulirus ornatus) for sale.

Note. The specifications for lobster traps used by commercial fishers are set out in the Lobster Share Management Plan (see Fisheries Management (Lobster Share Management Plan) Regulation 2000).

(4)  For the purposes of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a recreational lobster trap.

Table   Lobster trap

1

(a)  Waters—Any waters (other than inland waters and any waters more than 10 metres deep (contour)). (b)  Description of trap—Consists of a rectangular base or floor not exceeding 1.2 metres by 1.2 metres (or a circular base not exceeding 1.2 metres in diameter); has 1, 2 or 3 rectangular unobstructed escape gaps (constructed of rigid material) fitted in the trap with at least 1 escape gap being not less than 57 mm by 500 mm, 2 escape gaps each being not less than 57 mm by 250 mm or 3 escape gaps each being not less than 57 mm by 200 mm and so that no part of any escape gap is more than 12 cm above the floor of the trap.