11Closed and open seasons – general restrictions

11 Closed and open seasons – general restrictions

(1)  A person must not take rock lobster from State waters that are closed to the rock lobster fishery.

Penalty:  Grade 3 penalty.

(2)  A person must not possess male rock lobster during a closed season for the male rock lobster fishery unless the male rock lobster were –

(a) taken, bought or sold during an open season for the male rock lobster fishery; or

(b) in the person's possession during an open season for the male rock lobster fishery; or

(c) imported into the State.

Penalty:  Grade 3 penalty.

(3)  A person must not possess female rock lobster during a closed season for the female rock lobster fishery unless the female rock lobster were –

(a) taken, bought or sold during an open season for the female rock lobster fishery; or

(b) in the person's possession during an open season for the female rock lobster fishery; or

(c) imported into the State.

Penalty:  Grade 3 penalty.

(4)  A person must not possess rock lobster in an area of State waters that is closed to the rock lobster fishery.

Penalty:  Grade 3 penalty.

(5)  It is a defence in proceedings for an offence under subrule (4) , if the defendant establishes that, at the relevant time, the defendant was –

(a) the holder of a fishing licence (rock lobster); and

(b) transiting directly through the relevant area of State waters.

(6)  It is a defence in proceedings for an offence under subrule (4) , if the defendant establishes that –

(a) at the relevant time, the defendant was a non-commercial fisher; and

(b) the defendant possessed rock lobster in one of the following areas of State waters:

(i) the D'Entrecasteaux Channel;