370Offences relating to marking rock lobster

370 Offences relating to marking rock lobster

(1) A person who takes a rock lobster must mark the central segment of the tail fan of the rock lobster by—

(a) punching in it a hole of not less than 10 millimetres in diameter; or

(b) removing the posterior quarter of the central segment of the tail fan by a transverse cut so that only the anterior three-quarters of the central segment of the tail fan remain attached.

(2) If a rock lobster is taken from a boat, the person who takes the rock lobster must mark the rock lobster in accordance with subregulation (1) within 5 minutes after the rock lobster is brought to the boat or before its landing, whichever is the sooner.

(3) If a rock lobster is not taken from a boat, the person who takes the rock lobster must mark the rock lobster in accordance with subregulation (1)—

(a) within 5 minutes after the rock lobster is taken or before the rock lobster is put into any basket, bag or receptacle, whichever is the sooner; and

(b) within 50 metres of the place of landing of the rock lobster.

(4) Subregulation (3)(a) does not apply if the rock lobster is taken by a person engaged in underwater dive fishing until the person lands the rock lobster.

(5) Subregulations (1), (2) and (3) do not apply to a person who—

(a) is the holder of, or is acting on behalf of the holder of, an aquaculture licence authorising the hatching, rearing, breeding, growing or displaying of rock lobster and takes the rock lobster in accordance with the licence, the Act and these Regulations; or

(b) is the holder of, or is acting on behalf of the holder of, a general permit authorising the taking of rock lobster and takes the rock lobster in accordance with the permit, the Act and these Regulations.