COMMERCIAL rock lobster fishermen who conduct charter fishing activities for tourists during their off-season are required to be licensed specifically for the purpose.
Government policy sets out a narrow criteria for obtaining a licence.
Despite this a recent decision by the Fisheries Objections Tribunal illustrates that failure to comply strictly with the criteria will not necessarily be fatal.
The applicant was refused a licence at first instance but was able to persuade the tribunal to grant it even though the eligibility criteria were not clearly met.
In reaching its decision the tribunal considered legal and environmental issues together with various pieces of evidence.
Jessica Patterson, solicitor
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