121Presumption as to taking or possession of certain rock lobster

121 Presumption as to taking or possession of certain rock lobster

(1)  For the purposes of these rules, and any proceedings for offences under these rules, a rock lobster is presumed to have been taken by a person, and be in the possession of the person, if –

(a) the rock lobster is not tagged as required under these rules; and

(b) the rock lobster is in the general vicinity of the person; and

(c) the person has the means to have taken the rock lobster; and

(d) no other person has claimed to have taken, or to have possession, of the rock lobster.

(2)  Subrule (1) may apply to one or more persons in respect of the same rock lobster.