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S. 68A(4C) inserted by No. 80/2000 s. 10(2), repealed by No. 40/2019 s. 17(7).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).