123ARecords of possession of fish

123A Records of possession of fish

123A Records of possession of fish

(1) A person in possession of fish must produce a prescribed record concerning the possession of the fish when requested to do so by a fisheries officer if—

(a) the person is a fishing industry participant, or

(b) the quantity of fish in the person’s possession is equal to, or more than, a commercial quantity of fish.

Maximum penalty—

(a) in the case of an individual—

(i) 200 penalty units for a first offence, or

(ii) 400 penalty units for a second or subsequent offence, or

(b) in the case of a corporation—

(i) 1,000 penalty units for a first offence, or

(ii) 2,000 penalty units for a second or subsequent offence.

(2) It is a defence to a prosecution for an offence under this section in respect of a defendant who is not a fishing industry participant if the defendant proves that the fish were in the defendant’s possession otherwise than for the purpose of sale, transportation for reward or storage for reward.

(3) It is a defence to a prosecution for an offence under this section in respect of a defendant who is a fishing industry participant if—

(a) the defendant was in possession of less than a commercial quantity of fish, and

(b) the defendant proves that the fish were in the defendant’s possession otherwise than for the purpose of sale, transportation for reward or storage for reward.

(4) An offence under this section applies whether or not the fish were taken from waters to which this Act applies.

(5) This section does not apply—

(a) to the possession of fish on any premises, or part of premises, occupied solely for residential purposes, or

(b) to the possession of oysters.

(6) The regulations may provide that this section does not apply in respect of the possession of fish—

(a) if the fish are in possession in circumstances specified in the regulations, or