Fisheries Rules 2019

The Minister, by published notice, may determine – the dates of the closed season for a specified fishery or specified part of a fishery; and the dates of the open season for a specified fishery or specified part of a fishery; and that any part of a specified fishery is closed to, or in respect of, specified activities for such period as is specified in the notice.

A person must not – take any kind or species of fish from State waters that are closed to the fishery for that kind of fish; or be in possession of a kind or species of fish in State waters that are closed in respect of the fishery for that kind of fish; or undertake an activity of a type specified in a determination under subrule (1)(c) during the period, and in the fishery, specified in that determination for that activity. Grade 3 penalty.

A person must comply with a determination in force under subrule (1). Grade 3 penalty.

It is a defence in proceedings for an offence against subrule (2) or (3) if the defendant establishes that the fish were – taken, bought, sold or in his or her possession during an open season for the fishery in respect of the fish; or scallop spat taken under a fishing licence (scallop spat collection); or mussel spat taken under a fishing licence (mussel spat collection); or taken from a marine farm – by the holder of a marine farming licence or a permit relating to marine farming; or in accordance with such a licence or permit.