35Use of fish spikes and other implements

#### 35 Use of fish spikes and other implements 35 Use of fish spikes and other implements > > (1) An endorsement holder must not, while on board a boat being used to take fish in the fishery, use a knife, fish spike, club or similar implement to pierce, impale, beat or otherwise injure any fish or other organism taken in any catch. > > > (2) Subclause (1) does not apply to the use of a knife to kill or process any fish taken in the catch that are to be retained. > > > (3) An endorsement holder must not, while on board a boat being used to take fish in the fishery, be in possession of a fish spike, club or similar implement that could be used to pierce, impale, beat or otherwise injure any fish or other organism. > > > (4) Subclause (3) does not apply to the possession of a knife. > > > (5) It is a defence to a prosecution of an offence constituted by contravening subclause (3) if the person charged proves that the implement concerned was in his or her possession for a purpose that is not unlawful. > > > (6) It is a condition of an endorsement that the endorsement holder does not contravene this clause.