46BAmateur possession limits – general

46B Amateur possession limits – general (1) In this regulation: fish does not include the following: (a) crustaceans; (b) echinoderms; (c) molluscs; (d) baitfish; (e) bream; (f) other fish prescribed for this paragraph. trunked fish means a fish from which the head or tail or both are removed and includes such a fish from which all or part of the internal organs are removed. (2) The Minister may, by Gazette notice, prescribe a fish for paragraph (f) of the definition fish in subregulation (1). Fisheries Regulations 1992 41 (2A) A person must not have possession of more than 5 fish (the permitted number) of any single species. or (2B) Subregulation (2A) does not apply to fish if the possession of a specified number of those fish is limited, in relation to amateur fishing, by another provision of these regulations (other than subregulation (3)) or otherwise under the Act. (3) Without limiting subregulation (2A), a person must not have possession of more than 15 fish (the permitted number). or Note for subregulations (2A), (2B) and (3) This Division, the Barramundi Fishery Management Plan 1998 and Spanish Mackerel Fishery Management Plan 2004 contain separate limits for particular species of fish. (4) For subregulations (2A) and (3), a piece of fish, other than a fillet, is to be counted as one fish, unless the defendant establishes that 2 or more pieces of a fish were obtained from one fish only. (5) For subregulations (2A) and (3), 2 fillets together comprise only one (6) A person must not have possession of a trunked fish or a fillet unless the skin is retained on it. (7) It is a defence to a charge of an offence against subregulation (6) if the defendant proves that the fish was processed for immediate consumption by the defendant or another person in the company of the defendant. Fisheries Regulations 1992 42 (8) It is a defence to a charge of an offence against subregulation (2A), (3) or (6) if the defendant proves that: (a) the fish were taken under a licence or permit entitling the person to take the fish; or (b) the fish were at his or her place of permanent residence; or (c) the fish were obtained from licensee, or the holder of a permit, permitted to sell the fish; or (d) the fish were purchased from a retail or wholesale outlet; or (e) the fish were processed fish imported into the Territory packaged for sale to a final consumer and marked with the State or Territory from which the fish were imported or, where the fish were imported from a country other than Australia, the country from which they were imported. (9) Where a person is not alone and it is not readily ascertainable who has possession of the fish, subregulations (2A) and (3) apply to each person as though each person has possession of all the fish. (10) Notwithstanding subregulation (9), where a person establishes that: (a) he or she is a member of a fishing party; and (b) the fish will be shared equally amongst the members of the fishing party; and (c) if the sharing was to take place amongst those persons in the party who are present, no person in the party would be guilty by reason of this subregulation or otherwise of contravening this regulation; then each person is deemed to have possession of his or her equal share only of the fish. 46BAA Definitions coral trout means fish of the genus Plectropomus (commonly known as coral trout). red emperor means fish of the species Lutjanus sebae (commonly known as red emperor). Fisheries Regulations 1992 43 Russell's snapper means fish of the species Lutjanus russelli (commonly known as Russell's snapper). stripey snapper means fish of the species Lutjanus carponotatus (commonly known as stripey snapper). tricky snapper means fish of the species Lethrinus laticaudis (commonly known as tricky snapper). tuskfish means fish of the genus Choerodon (commonly known as tuskfish). vessel means: (a) subject to paragraph (b), a vessel other than a registered vessel; or (b) a vessel registered for a Fishing Tour Operator licence. 46BAB Relationship with Division 2 This Division has effect despite Division 2. 46BAC Vessel possession limits – specified fish (1) This regulation applies to a vessel on which there are 5 or more people. (2) Each person on the vessel commits an offence if more than the permitted number of specified fish are on the vessel. or permitted number, of specified fish on a vessel, means: (a) if there are 5, 6 or 7 people on the vessel – the number specified in the second column of the table below opposite the specified fish; or (b) if there are 8 or more people on the vessel – the number specified in the third column of the table below opposite the specified fish. Fisheries Regulations 1992 44 specified fish means fish specified in the first column of the table below. Specified fish Permitted number for vessel with 5 to 7 people Permitted number for vessel with 8 or more people black jewfish 8 16 cod 20 40 coral trout 20 40 golden snapper 12 24 mangrove jack 12 24 red emperor 20 40 Russell's snapper 20 40 stripey snapper 20 40 tricky snapper 20 40 tuskfish 20 40 46BAD Vessel possession limit – king threadfin in Fish Management Zone Each person on a vessel in a Fish Management Zone commits an offence if there is more than one king threadfin on the vessel that has a fork length greater than 90 cm. 46BA Molluscs generally to be retained in shell in the field (1) A person must not have possession of a regulated mollusc that is not within its shell. the defendant proves the regulated mollusc was: (a) taken under a licence; or (b) being prepared for immediate consumption; or (c) at the defendant's place of permanent residence. Fisheries Regulations 1992 45