Fisheries (Mackerel) Rules 2019

The holder of a mackerel fishing licence must not, in State waters, during any one fishing trip, take or be in possession of an amount of bycatch that weighs more than 10% of the total weight of mackerel taken by the licence holder during that fishing trip (the authorised amount). In the case of – the authorised amount being exceeded by not more than 2%, Grade 1 penalty; or the authorised amount being exceeded by more than 2% but not more than 4%, Grade 2 penalty; or the authorised amount being exceeded by more than 4%, Grade 3 penalty.

A person must not, while fishing under the authority of a mackerel fishing licence, engage in fishing that is not authorised by the licence. Grade 3 penalty.

If – the Minister is satisfied that the holder of a mackerel fishing licence has committed an offence under subrule (1) but that the authorised amount of bycatch has only been exceeded by not more than 4%; and the licence holder pays or agrees to pay an administrative penalty to the Crown – the Minister may accept such payment or agreement to pay and, if so, must waive or, if applicable, discontinue the proceedings for the offence.

If the whole or any part of an amount that a person has agreed to pay under subrule (3) is not paid by such date or within such period as the person and the Minister have agreed for the purpose, the unpaid amount may be recovered in a court of competent jurisdiction as a debt due to the Crown.

In this rule – administrative penalty means – for an excess of not more than 2%, an amount equal to the market value of the excess bycatch; and for an excess of more than 2% but not more than 4%, an amount equal to twice the market value of the excess bycatch.