68AOffences in relation to size and catch limits

68A Offences in relation to size and catch limits S. 68A(1) amended by No. 40/2019 s. 17(2). (1) A person must not use commercial fishing equipment— S. 68A(1)(a) amended by Nos 50/2005 s. 13(a), 40/2019 s. 17(1). (a) to take fish that are less than the minimum size, or that are more than the maximum size, for that species of fish; or (b) to take more fish than the catch limit for that species of fish. S. 68A(2) amended by Nos 50/2005 s. 13(a), 40/2019 s. 17(3), 40/2019 s. 17(4). (2) A person must not possess fish that are less than the minimum size, or that are more than the maximum size, for that species of fish if— (a) the fish were taken by the use of commercial fishing equipment; or S. 68A(2)(b) amended by No. 35/2009 s. 65. (b) the fish have been sold or are possessed for sale. S. 68A(3) amended by No. 80/2000 s. 10(1). (3) A person must not take or have in his or her possession— S. 68A(3)(a) amended by Nos 50/2005 s. 13(a), 40/2019 s. 17(5). (a) fish that are less than the minimum size, or that are more than the maximum size, for that species of fish; or (b) more fish than the catch limit for that species of fish. (4) Subsections (1), (2)(a) and (3)(b) do not apply to abalone. S. 68A(4A) inserted by No. 80/2000 s. 10(2). (4A) A person who takes or possesses— (a) more than the catch limit for abalone; but (b) not more than twice that catch limit— is guilty of an offence. S. 68A(4B) inserted by No. 80/2000 s. 10(2), amended by No. 40/2019 s. 17(6). (4B) A person who takes or possesses more than twice the catch limit for abalone is guilty of an offence. S. 68A(4C) inserted by No. 80/2000 s. 10(2), repealed by No. 40/2019 s. 17(7). S. 68A(5) substituted by No. 80/2000 s. 10(2), amended by Nos 50/2005 s. 13(a), 40/2019 s. 17(8), 40/2019 s. 17(9). (5) A person must not use commercial abalone equipment to take abalone that is less than the minimum size, or that is more than the maximum size, for abalone. S. 68A(6) amended by No. 108/2003 s. 50(b). (6) Subsections (3)(b), (4A) and (4B) do not apply to a person in the business of processing or selling fish if he or she can prove that any fish in his or her possession that are in excess of the catch limit were taken in accordance with this Act. S. 68A(7) amended by Nos 80/2000 s. 10(3), 35/2019 s. 8(9). (7) In addition to any other penalty specified by this section, a person who is guilty of an offence under this section (other than an offence in respect of which an infringement notice has been issued) in relation to a priority species is liable to a penalty of up to one penalty unit for each fish of the priority species that is— S. 68A(7)(a) amended by Nos 50/2005 s. 13(a), 40/2019 s. 17(10). (a) less than the minimum size, or that is more than the maximum size, for that species of fish; or S. 68A(7)(b) amended by No. 50/2005 s. 13(b). (b) in excess of the catch limit allowed by the regulations or by a fisheries notice for that species of fish. S. 68A(8) amended by No. 37/2014 s. 10(Sch. item 65.3). (8) An authorised officer or a police officer may seize— (a) any undersized fish; and (b) all fish in any basket, bag, box or receptacle (and the basket, bag, box or receptacle), if more than 5% of those fish are undersized. (9) This section does not apply to a person who is authorised under this Act to do anything that would otherwise be a contravention of this section. S. 68B inserted by No. 17/2002 s. 10, amended by No. 40/2019 s. 18.