7Defence—taking of mullet for bait

7 Defence—taking of mullet for bait

7 Defence—taking of mullet for bait

For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 16 (1) of the Act (relating to possession of prohibited size fish) if the person charged satisfies the court that—

(a) the prohibited size fish concerned are mullet (Mugil cephalus), and

(b) the fish do not exceed 15 cm in measurement, and

(c) the fish have been lawfully taken by a person other than a commercial fisher, and

(d) the fish are live bait, and

(e) the person charged with the offence is in possession of no more than 20 of the prohibited size fish.