12Restrictions on possession of female giant crab during closed season for female giant crab

12 Restrictions on possession of female giant crab during closed season for female giant crab

(1)  The holder of a fishing licence (giant crab) must not, during a closed season for the female giant crab fishery, be in possession of female giant crab in a fish cauf unless the female giant crab were taken before that closed season commenced.

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (giant crab) must not, during a closed season for the female giant crab fishery, be in possession of female giant crab on a fishing vessel unless –

(a) the fishing vessel is returning to a port of landing within 48 hours after the end of an open season; or

(b) the fishing vessel is in a port that it had returned to before, and not left since, that closed season commenced; or

(c) the fishing vessel is on an authorised mooring that it had returned to before, and not left since, that closed season commenced.

Penalty:  Grade 3 penalty.

(3)  The holder of a fishing licence (giant crab) who, following a fishing trip, is in possession of female giant crab on a fishing vessel during a closed season for the female giant crab fishery must unload the female giant crab before the fishing vessel is used by any person for a further fishing trip.

Penalty:  Grade 3 penalty.

(4)  However, the holder of a fishing licence (giant crab) is not guilty of an offence under subrule (2) or (3) in respect of any female giant crab if –

(a) the licensee has the approval of a fisheries officer to use alternative arrangements for holding female giant crab on a fishing vessel during a closed season for the female giant crab fishery; and

(b) the female giant crab are held in accordance with that approval.

(5)  If an approval under subrule (4) is given verbally, the fisheries officer is to confirm that approval in writing to the licensee as soon as practicable after it is given.