(1) A person must not set, or use, any apparatus that is required under these rules to be marked with a buoy unless the buoy so used (a) has a diameter of not less than 195 millimetres at its narrowest point; and(b) floats on the surface of water; and(c) is specifically designed as a buoy; and(d) is marked with the marks required under these rules in such a way as the marks remain clear and legible while the buoy is in use; and(e) has no deliberate marks other than the marks required under these rules for the activity for which the buoy is to be used.Penalty: Grade 1 penalty.(2) Subrule (1) does not apply to (a) the holder of a fishing licence (banded morwong); or(b) a buoy that is used for marking a non-commercial gillnet for the purposes of rule 133(8) .(3) Unless otherwise specified, a mark that is required to be placed on a buoy under these rules must be in figures not less than 70 millimetres high and 12 millimetres wide.