46AAmateur possession limit – tropical rock lobster

46A Amateur possession limit – tropical rock lobster (1) Subject to subregulation (3), a person must not have possession of more than 5 rock lobsters (the permitted number) other than at the person's permanent residence. or (2) In determining the number of rock lobsters in a person's possession for subregulation (1), a rock lobster lawfully acquired from a licensee and for which the person has a receipt or other proof of acquisition must be disregarded. (3) A person who has possession of more than 5 rock lobsters does not commit an offence against subregulation (1) if the person: (a) establishes he or she is a member of a fishing party; and (b) no member of the party would be in contravention of subregulation (1) if the rock lobsters were apportioned as equally as possible among the members of the party who are present or able to be assembled in a short period of time. (4) If: (a) the members of a fishing party have possession of more than 5 rock lobsters; and (b) each person who is a member of the party would have possession of more than 5 rock lobsters in contravention of subregulation (1) if the rock lobsters in their possession were apportioned as equally as possible among the members of the party; and (c) it is not readily ascertainable which person has possession of the rock lobsters, Fisheries Regulations 1992 40 each of the persons is, for subregulation (1), taken to have possession of all the rock lobsters. (5) If: (a) there are more than 3 persons in or on a vessel; and (b) there are more than 15 rock lobsters in or on the vessel, each of the persons is, for subregulation (1), taken to have possession of all the rock lobsters. (6) In determining the number of rock lobsters in or on a vessel for subregulation (5)(b), a rock lobster lawfully acquired from a licensee and for which a person on the vessel has a receipt or other proof of acquisition must be disregarded. licensee means the holder of a Fishery licence permitted to take rock lobsters, Fish Trader/Processor licence, Fish Retailer licence or Aquaculture licence. rock lobster means a crustacean of the species Panulirus (commonly known as a tropical rock lobster).