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reg 410

Persons to whom the catch limits in regulation 409 do not apply

In force
Part 12Sea urchin
Division 1Catch limits and other restrictions in relation to recreational sea urchin fishing

410 Persons to whom the catch limits in regulation 409 do not apply

(1)

Regulation 409(1) and (2) do not apply to a person who takes or possesses sea urchin in a quantity in excess of the catch limits specified in that regulation if—

(a)

the person—

(i)

is the holder of, or is acting on behalf of the holder of, a Sea Urchin Fishery Access Licence authorising the taking or possession of sea urchin; and

(ii)

takes or possesses the sea urchin in accordance with the licence, the Act and these Regulations; or

(b)

the person—

(i)

is the holder of, or is acting on behalf of the holder of, an aquaculture licence authorising the hatching, rearing, breeding, growing or displaying of sea urchin; and

(ii)

takes or possesses the sea urchin in accordance with the licence, the Act and these Regulations; or

(c)

the person—

(i)

is the holder of, or is acting on behalf of the holder of, a general permit authorising the taking or possession of sea urchin in that quantity; and

(ii)

takes or possesses the sea urchin in accordance with the permit, the Act and these Regulations.

(2)

Regulation 409(2) does not apply to a person who possesses sea urchin or any other species of the class Echinoidea in a quantity in excess of the catch limit specified in that regulation, if the person—

(a)

received the sea urchin or any other species of the class Echinoidea from a person referred to in subregulation (1); and

(b)

is acting in accordance with the Act and these Regulations.

Note

There are offences in sections 68A and 68B of the Act relating to taking or possessing fish in excess of the catch limit in these Regulations for that species of fish. Various penalties apply.

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