165Persons to whom regulation 164 does not apply

165 Persons to whom regulation 164 does not apply

Regulation 164 does not apply to a person who—

(a) takes or possesses fish in the closed season for that species of fish if the person—

(i) is the holder of, or is acting on behalf of the holder of, a commercial fishery licence or permit authorising the taking or possession of fish of that species at that time; and

(ii) takes or possesses the fish in accordance with the licence or permit, the Act and these Regulations; or

(b) possesses fish of a species specified in regulation 164 in the closed season for that species if—

(i) the fish was received from a person specified in paragraph (a); and

(ii) the fish is accompanied by a catch disposal record, fish receipt or fish movement record.