(1)  A person without a fishing licence must not in State waters –

(a) participate in fishing; or

(b) take fish; or

(c) use any apparatus for the purpose of fishing; or

(d) take any other action which may be taken only by the holder of a fishing licence.

Penalty:  Fine not exceeding 5 000 penalty units or imprisonment for a term not exceeding 2 years, or both, and a daily fine not exceeding 50 penalty units.

(2)  This section does not apply to –

(a) a person who is fishing for recreational purposes and is not required to be licensed under a management plan for that fishing; or

(b) a person who uses a licence with the Minister's approval under section 87 ; or

(ba) a person who carries out an activity specified in subsection (1) , other than taking fish with a spear or by diving, under the close direct supervision of –

(i) a natural person who is the holder of a fishing licence; or

(ii) a supervisor; or

(c) an Aborigine who is engaged in an Aboriginal activity.

(3)  A person is to apply for a fishing licence in accordance with section 77 .