343Prohibition against taking or possession of giant crab in closed season

343 Prohibition against taking or possession of giant crab in closed season

(1) For the purposes of section 67(1) of the Act, the taking of any giant crab during the period specified as the closed season for giant crab in regulation 342 by any person other than a person of one of the classes of person set out in subregulation (3) is prohibited.

(2) For the purposes of section 67(1) of the Act, the possessing of any giant crab during the period specified as the closed season for giant crab in regulation 342 by any person other than a person of one of the classes of person set out in subregulation (3) is prohibited.

(3) For the purposes of subregulations (1) and (2), the classes of persons are the following—

(a) holders of, or persons acting on behalf of holders of, an aquaculture licence authorising the hatching, rearing, breeding, displaying or growing of giant crab who take or possess giant crab from the area specified in the aquaculture licence in accordance with the licence, the Act and these Regulations;

(b) holders of, or persons acting on behalf of holders of, a general permit authorising the taking or possession of giant crab during the period specified as the closed season in regulation 342 under a general permit who take or possess giant crab during that period in accordance with the permit, the Act and these Regulations;

(c) persons acting in accordance with the Act and these Regulations who possess giant crab received from a person referred to in paragraph (a) or (b).

A failure to comply with a prohibition in this regulation is an offence under section 67(3) of the Act. A maximum penalty of 100 penalty units or 6 months imprisonment or both applies.