21Fishing gear cannot be used in contravention of other restrictions

21 Fishing gear cannot be used in contravention of other restrictions

21 Fishing gear cannot be used in contravention of other restrictions

(1) A provision of this Part that declares the use of a net or other fishing gear to be lawful, or to be lawful in specified circumstances, does not affect any prohibition or conditions imposed by or under the Act or the Marine Estate Management Act 2014 with respect to the taking of fish.

(2) In particular, nothing in this Part is to be construed as authorising the use, in any circumstances, of a net or other fishing gear for any of the following—

(a) the taking of fish in waters that are closed to fishing by virtue of a notification in force under section 8 of the Act,

(b) the taking of fish that are prohibited size fish or protected fish,

(c) the taking for sale of fish protected from commercial fishing under section 20 (1) of the Act,

(d) the taking for sale of fish from any area protected from commercial fishing,

(e) the taking of fish protected from recreational fishing,

(f) the taking of fish from any area protected from recreational fishing,

(g) the taking of fish in contravention of any provision of, or any instrument or notification under, the Marine Estate Management Act 2014,

(h) the taking of fish in contravention of a condition of a commercial fishing licence or an endorsement on a commercial fishing licence.