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).