290A   Records to be made by commercial fishers

(1)  For the purposes of section 121 of the Act, a commercial fisher is required to make the prescribed record of fishing activities engaged in by the commercial fisher for commercial purposes, for each relevant period that the commercial fisher engages in fishing activities.

(2)  For the purposes of this clause, a relevant period means a month, or in the case of the sea urchin and turban shell restricted fishery or the abalone fishery, a day.

(3)  The commercial fisher must make a separate record in respect of each fishing business that relate to the fishing activities engaged in by the commercial fisher for commercial purposes.

(4)  The commercial fisher must ensure that a copy of the record is sent to the Director-General within 28 days after the end of the relevant period to which the record relates (or in the case of the sea urchin and turban shell restricted fishery or the abalone fishery, within 24 hours of the end of the relevant period to which the record relates).

(5)  A commercial fisher who engages in fishing activities in any of the following fisheries, on behalf of a fishing employer (within the meaning of section 122 of the Act), is not required to make a record under this clause in respect of those activities:

(a)  a share management fishery (other than the abalone or lobster fishery),

(b)  a restricted fishery (other than the sea urchin and turban shell restricted fishery).

Note. However, section 122 (5) of the Act requires the commercial fisher to provide the fishing employer with such information concerning those activities as the fishing employer may reasonably require to comply with section 122 of the Act.

(6)  This clause does not apply in respect of fishing activities in a share management fishery if the share management plan for the fishery makes alternative arrangements for the records to be made in respect of those activities under section 121 of the Act.