Fisheries Declaration 2019
sec.163Taking fish using fishing apparatus
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sec.163 Taking fish using fishing apparatus
This section applies to a person who takes fish using fishing apparatus in a way that may involve taking fish the person does not intend to keep, including, for example, taking fish unintentionally. The person may take fish using the fishing apparatus in the way only if— the person is taking fish the person intends to keep; and the person immediately releases fish the person does not intend to keep into water deep enough to allow the fish to escape; and the person does not allow a part of the apparatus containing fish the person does not intend to keep to be out of the water other than to immediately remove the fish from the apparatus and release the fish under paragraph (b) . Subsection (2) (b) and (c) do not apply if the person has a reasonable excuse. (sec.163-ssec.1) This section applies to a person who takes fish using fishing apparatus in a way that may involve taking fish the person does not intend to keep, including, for example, taking fish unintentionally. (sec.163-ssec.2) The person may take fish using the fishing apparatus in the way only if— the person is taking fish the person intends to keep; and the person immediately releases fish the person does not intend to keep into water deep enough to allow the fish to escape; and the person does not allow a part of the apparatus containing fish the person does not intend to keep to be out of the water other than to immediately remove the fish from the apparatus and release the fish under paragraph (b) . (sec.163-ssec.3) Subsection (2) (b) and (c) do not apply if the person has a reasonable excuse.
- (a) the person is taking fish the person intends to keep; and
- (b) the person immediately releases fish the person does not intend to keep into water deep enough to allow the fish to escape; and
- (c) the person does not allow a part of the apparatus containing fish the person does not intend to keep to be out of the water other than to immediately remove the fish from the apparatus and release the fish under paragraph (b) .