42Offences relating to aquaculture and live fish etc.

42 Offences relating to aquaculture and live fish etc. (a) use, form or create a habitat (whether natural, artificial or partly natural or artificial) for hatching, rearing, breeding, displaying or growing fish or fishing bait for sale or other commercial purposes; (b) hatch, rear, breed, display or grow fish or fishing bait for sale or other commercial purposes; or S. 42(1)(ba) inserted by No. 51/2007 s. 5. (ba) stock fish into protected waters; or (c) use any commercial aquaculture equipment— 1. If the offence involved a priority species: 200 penalty units or 12 months imprisonment or both. In any other case: 100 penalty units or 6 months imprisonment or both. (a) is acting on behalf of the holder of an aquaculture licence who is authorised to do that thing; and (b) is authorised by that aquaculture licence to do that thing; and S. 42(2A) inserted by No. 80/2000 s. 4. (2A) A person may do any of the things referred to in subsection (1) for commercial purposes (other than for sale) if he or she— (a) is acting on behalf of the holder of a general permit who is authorised to do that thing; and (b) is authorised by that permit to do that thing; and (3) The regulations may exclude specified fish or fishing bait from all or any of the provisions of subsection (1). (4) If specified fish or fishing bait are excluded from a provision of subsection (1), a person may do the thing that would otherwise be prohibited by that provision in respect of that fish or fishing bait. S. 43 substituted by No. 5/1997