Possession of prescribed quantity of aquatic resource in prescribed circumstances
73 Possession of prescribed quantity of aquatic resource in prescribed circumstances
A person must not, in prescribed circumstances, have in his or her possession a quantity of fish or other aquatic resource exceeding the quantity fixed by the regulations for the purposes of this section. Maximum penalty: Maximum penalty:
if the fishing activity involves fish of a priority species—
for a first offence—$10 000;
for a second offence—$20 000;
for a third or subsequent offence—$35 000;
in any other case—
for a first offence—$5 000;
for a second offence—$10 000;
for a third or subsequent offence—$20 000. Expiation fee: $315.
In proceedings for an offence against this section, it is a defence if the defendant proves that—
the fish or other aquatic resource was taken for a commercial purpose under an authority; or
the fish or other aquatic resource was kept under an aquaculture licence; or
the person has a prescribed defence.
This provision refers to the regulations (prescribed circumstances
, the regulations
). Made under this Act:
- Fisheries Management (Charter Boat Fishery) Regulations 2016
- Fisheries Management (Demerit Points) Regulations 2017
- Fisheries Management (Fish Processors) Regulations 2017
11 more instruments made under this Act are listed on the Act’s overview.
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