21Defences

21 Defences

21 Defences

(1) It is a defence to a prosecution for an offence under this Division if the person charged satisfies the court that—

(a) the fish were lawfully taken from or lawfully cultivated in waters to which this Act does not apply, or

(b) the fish were cultivated under the authority conferred by an aquaculture permit, or

(c) the fish were taken or in possession under the authority conferred by any other permit under this Act, or

(d) the person has any other defence that is prescribed by the regulations.

(2) Subsection (1)(a) does not apply to the following offences—

(a) an offence under section 19(3), if the possession of the protected fish is prohibited absolutely by the regulations,

(b) an offence under section 20(5).

s 21: Am 1997 No 153, Sch 5 [10]; 2001 No 104, Sch 1 [5]; 2009 No 114, Sch 1 [25] [26].