(1)  This rule applies if, under rule 40 , the Secretary issues or approves a fishing apparatus tag (the tag ) for a non-commercial fisher to use in connection with an apparatus.

(2)  The non-commercial fisher must not set or use the apparatus in State waters for the purposes of the non-commercial rock lobster fishery unless the tag –

(a) is attached to the apparatus; and

(b) is clearly visible on the surface of the water.

Penalty:  Grade 2 penalty.

(3)  If a tag is destroyed or lost –

(a) the non-commercial fisher, for 14 days after the date of learning of the destruction or loss, may use the apparatus without the tag if a buoy clearly marked with that date is attached to the apparatus; and

(b) the Secretary may, if satisfied as to the destruction or loss of the tag, and on payment of the prescribed fee, if any, issue the non-commercial fisher with a new tag.