Accidental taking of marine mammal or marine turtle
323 Accidental taking of marine mammal or marine turtle
This section applies if—
a person takes a marine mammal or a marine turtle in the course of an activity that is—
carried out lawfully; and
not directed towards taking the animal; and
Example of taking of marine mammal in the course of an activity—
causing a marine mammal to become aground on a shore
the taking could not reasonably have been avoided.
If the animal is a marine mammal, the person must, unless the person has a reasonable excuse—
immediately notify a conservation officer about the animal and the circumstances in which the animal was taken; and
if the officer directs the person to deal with the animal in a particular way—deal with the animal in the way directed.
Maximum penalty—165 penalty units.
Note—
See also chapter 6 about marine mammals.
If the animal is a marine turtle, the person must—
if the turtle is sick, injured, trapped, entangled or dead, or has been struck by a boat—
immediately notify a conservation officer about the turtle and the circumstances in which the turtle was taken; and
if the officer directs the person to deal with the animal in a particular way—deal with the turtle in the way directed; or
otherwise—return the turtle to the waters from which it was taken.
Maximum penalty—120 penalty units.
A conservation officer may give a direction under subsection (2)(b) or (3)(a)(ii) only if the direction is reasonable in the circumstances.
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