sec.12When Act does not apply

### sec.12 When Act does not apply This Act does not apply to— the unintentional taking of regulated fish or marine plants if the fish or plants are not intentionally or recklessly injured or damaged and are immediately put back; or the unintentional possession of regulated fish or marine plants by a person if the fish or plants are not intentionally or recklessly injured or damaged and the person can not, because of circumstances beyond the person’s control, put the fish or plants back immediately they come into the person’s possession; or the use of a hand net to lift from water fish taken by other fishing apparatus; or the use of a gaff to secure fish taken by other fishing apparatus. - (a) the unintentional taking of regulated fish or marine plants if the fish or plants are not intentionally or recklessly injured or damaged and are immediately put back; or - (b) the unintentional possession of regulated fish or marine plants by a person if the fish or plants are not intentionally or recklessly injured or damaged and the person can not, because of circumstances beyond the person’s control, put the fish or plants back immediately they come into the person’s possession; or - (c) the use of a hand net to lift from water fish taken by other fishing apparatus; or - (d) the use of a gaff to secure fish taken by other fishing apparatus.