19Possessing abalone on vessel

19 Possessing abalone on vessel

(1)  A person must not, on any vessel in State waters, have possession of an abalone unless the person –

(a) is the holder of a fishing licence (recreational abalone); or

(b) is the holder of a fishing licence (abalone dive); or

(c) [Rule 19 Subrule (1) amended by S.R. 2019, No. 63, Applied:01 Nov 2019] is an Aborigine engaging in an Aboriginal activity; or

(d) has a receipt relating to the purchase of the abalone from a fish merchant with the abalone to which the receipt relates.

Penalty:  Grade 3 penalty.

(2)  A person must not, on any vessel in State waters, have possession of an abalone that has been detached from its shell or processed in any form.

Penalty:  Grade 3 penalty.

(3)  [Rule 19 Subrule (3) substituted by S.R. 2019, No. 63, Applied:01 Nov 2019] Subrules (1) and (2) do not apply if the person is on a trading vessel.

(4)  [Rule 19 Subrule (4) substituted by S.R. 2019, No. 63, Applied:01 Nov 2019] Subrule (2) does not apply to a person if –

(a) the person is the holder of a fishing licence (recreational abalone) or an Aborigine who is engaging in an Aboriginal activity; and

(b) the person only detaches one abalone from its shell per day; and

(c) the shell is retained on board the vessel until the vessel returns to port or any abalone on the vessel are landed; and

(d) the detached abalone is part of the quantity that the person is permitted to take and possess under rules 18 and 18A (as applicable).

(5)  A person must not have possession of, or use, abalone or part of abalone as bait in State waters.

Penalty:  Grade 3 penalty.