Part 4 Priorities in the use of fishing gear
Note. This Part sets out the rights of priority between commercial fishers and recreational fishers on recognised fishing grounds and the rights of priority between commercial fishers in inland waters. Rights of priority between commercial fishers in share management fisheries are set out in the share management plans for the fisheries. Rights of priority between commercial fishers on recognised fishing grounds are set out in the Fisheries Management (Supporting Plan) Regulation 2006.
80 Offence of fishing contrary to rights of priority
A person must not attempt to take fish contrary to the rights of priority determined by this Part after being directed not to do so:(a) by a fisheries officer, or(b) by another fisher (who is using or intending to use a net or other fishing gear in accordance with this Part).Maximum penalty: 50 penalty units.
81 Commercial fishers must use fishing gear in accordance with this Part
A commercial fisher must not use a net or other fishing gear in a manner that is contrary to the provisions of this Part.Maximum penalty: 50 penalty units.
82 Priority between commercial fishers and recreational fishers—recognised fishing grounds
A commercial fisher who is taking or who intends to take fish on a recognised fishing ground, by the method for which the area concerned is a recognised fishing ground, has priority over any other person who is taking or intends to take fish in the recognised fishing ground by any other method.
83 Priority between commercial fishers using nets in inland waters
The rights of priority in the setting of nets in inland waters between commercial fishers working on the same recognised fishing ground are determined as follows:(a) the first turn belongs to the commercial fisher who, with lawful nets, first arrives at the point on the bank from which it is intended that those nets are to be set,(b) the next turn is to belong to the commercial fisher who next so arrives, and so on,(c) during a commercial fisher’s turn, the fisher is to have the exclusive right of setting nets in so much of the inland waters as equals in metres measured from the point referred to in paragraph (a), the product of the number of nets the fisher is using or intends to use and 100, subject to the following:(i) the point from which that measurement is made must be not less than 100 metres from any net set by and belonging to any other commercial fisher,(ii) the maximum length of the inland waters to which any fisher is entitled in accordance with this clause is to be 1,600 metres,(iii) no fisher is to be entitled to set any net within 100 metres of any net set by any other commercial fisher in accordance with this clause,(d) a turn must not exceed 24 hours at the expiration of which the nets must, if another commercial fisher is waiting that fisher’s turn with lawful nets ready to set, be removed from the water on to the bank,(e) no commercial fisher is to have a second turn until all the other commercial fishers on the fishing ground with lawful nets have had their first turn.
84–105(Repealed)