20Fish and waters protected from commercial fishing

#### 20 Fish and waters protected from commercial fishing 20 Fish and waters protected from commercial fishing > > (1) The regulations may declare that fish of a specified species are protected, absolutely or conditionally, from all or a class of commercial fishing. > > > (2) The regulations may declare specified waters to be waters in which all or a class of commercial fishing is prohibited absolutely or conditionally. > > > (3) A person who— > > > > > (a) takes fish of a species declared under subsection (1) in breach of the declaration, or > > > > > (b) takes fish from waters declared under subsection (2) in breach of the declaration, or > > > > > (c) sells fish taken in breach of a declaration under subsection (1) or (2), > > > > is guilty of an offence. > > > > Maximum penalty— > > > > > (a) in the case of an individual— > > > > > > > (i) 1,000 penalty units or imprisonment for 6 months (or both) for a first offence, or > > > > > > > (ii) 2,000 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or > > > > > (b) in the case of a corporation— > > > > > > > (i) 2,000 penalty units for a first offence, or > > > > > > > (ii) 4,000 penalty units for a second or subsequent offence. > > > (4) The regulations may declare the sale of any species of fish that is protected from commercial fishing under subsection (1) to be prohibited absolutely. > > > (5) A person who sells fish of a species declared under subsection (4) is guilty of an offence. > > > > Maximum penalty— > > > > > (a) in the case of an individual— > > > > > > > (i) 1,000 penalty units or imprisonment for 6 months (or both) for a first offence, or > > > > > > > (ii) 2,000 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or > > > > > (b) in the case of a corporation— > > > > > > > (i) 2,000 penalty units for a first offence, or > > > > > > > (ii) 4,000 penalty units for a second or subsequent offence. > > > (6) Subsection (5) applies whether or not the fish were taken from waters to which this Act applies. > > > (7) A person cannot be found guilty of both an offence against subsection (3)(c) and an offence against subsection (5) in respect of the same sale. > > > (8) Nothing in this section limits the power of the Minister to make a fishing closure in relation to commercial fishing. > > **s 20:** Am 1997 No 153, Sch 5 \[9\]. Subst 2001 No 104, Sch 1 \[4\]. Am 2009 No 114, Sch 1 \[22\] \[23\]; 2010 No 59, Sch 2.33 \[2\].