146   Prescribed conditions of commercial fishing licence

(1)  For the purposes of section 104 (4) (a) of the Act the following conditions are prescribed:

(a)  any fish taken for sale or landed in New South Wales by a member of the unlicensed crew pursuant to the licence, while working under the supervision of the holder of the licence, must be sold by the holder of the licence,

(b)  the holder of the licence must not engage any person as a member of the crew unless the holder is satisfied that the person has the necessary skills, experience or capacity to participate successfully in fishing operations authorised by the licence,

(c)  the holder of the licence must not use any unlicensed crew member on a boat being used by the licensee to take fish, unless the boat is being used as follows:

(i)–(iii)  (Repealed)

(iv)  to take abalone in the abalone share management fishery in accordance with paragraph (d), or

(v)  to take yabbies or carp in the inland restricted fishery in accordance with paragraph (e), or

(vi)  to take sea urchin or turban shell in the sea urchin and turban shell restricted fishery in accordance with paragraph (f),

(d)  the holder of the licence, being a licence that is endorsed under the Act for the taking of abalone in the abalone share management fishery, must not use any unlicensed crew member on a boat being used by the licence holder for the taking of abalone from the fishery, unless the crew member is assisting the licence holder in the operation of the boat or other fishing equipment and is not taking abalone from the fishery on the licence holder’s behalf,

(e)  the holder of the licence must not use any unlicensed crew member on a boat being used by the licence holder to take yabbies or carp in the inland restricted fishery unless:

(i)  if the boat is being used to take yabbies, the licence holder is using no more than one unlicensed crew member to assist in that purpose and the licence holder is authorised to take yabbies in the inland restricted fishery pursuant to a class A endorsement in the fishery, or

(ii)  if the boat is being used to take carp, the licence holder is authorised to take carp in the inland restricted fishery pursuant to a class A, class B or class D endorsement in the fishery,

(f)  the holder of the licence, being a licence that is endorsed under the Act for the taking of sea urchin or turban shell (or both) in the sea urchin and turban shell restricted fishery, must not use any unlicensed crew member on a boat being used by the licence holder for the taking of sea urchin or turban shell from the fishery unless the crew member is assisting the licence holder in the operation of the boat or other fishing equipment and is not taking sea urchin or turban shell from the fishery on the licence holder’s behalf,

(g)  the holder of the licence must co-operate with, and provide any assistance reasonably required by, a fisheries officer or other person exercising functions conferred by the Act or the regulations,

(h)  in the case of a Class 3 licence, the holder of the licence must not take fish for sale in a restricted fishery, or take fish in a share management fishery, except as a member of the crew of a person who holds an endorsement in the fishery authorising that other person to take the fish concerned,

(i)  any fish taken in a restricted fishery or share management fishery by a Class 3 licence holder while working as a member of the crew of a person who holds an endorsement in the restricted fishery or share management fishery must be sold by the endorsement holder.

(2)  In this clause, a reference to an unlicensed crew member is a reference to a crew member who is not the holder of a commercial fishing licence.

Note. Additional licence conditions apply to endorsement holders in restricted fisheries (see Part 8) or share management fisheries (under the management plans for those fisheries).