14Licence amount not to be exceeded

14 Licence amount not to be exceeded

(1)  The holder of a mackerel fishing licence must not, during a fishing trip, take more mackerel than the uncaught balance of the amount specified for the licence.

Penalty:  In the case of –

(a) the uncaught balance of the relevant amount specified being exceeded by not more than 20%, Grade 1 penalty; or

(b) the uncaught balance of the relevant amount specified being exceeded by more than 20% but not more than 50%, Grade 2 penalty; or

(c) the uncaught balance of the relevant amount specified being exceeded by more than 50%, Grade 3 penalty.

(2)  If –

(a) the Minister is satisfied that the holder of a mackerel fishing licence has committed an offence under subrule (1) but that the relevant amount specified in the licence has only been exceeded by not more than 50% of the uncaught balance; and

(b) the licence holder pays or agrees to pay an administrative penalty to the Crown –

the Minister may accept such payment or agreement to pay and, if so, must waive or, if applicable, discontinue the proceedings for the offence.

(3)  If the whole or any part of an amount that a person has agreed to pay under subrule (2) is not paid by such date or within such period as the person and the Minister have agreed for the purpose, the unpaid amount may be recovered in a court of competent jurisdiction as a debt due to the Crown.

(4)  In this rule –

administrative penalty means –

(a) in the case of exceeding the uncaught balance of the amount of mackerel specified in the licence by 20% or less, an amount equal to 1.5 times the market value of the excess amount of mackerel; and

(b) in the case of exceeding the uncaught balance of the amount of mackerel specified in the licence by more than 20% and up to 50%, an amount equal to 2 times the market value of the excess amount of mackerel.