16Size limits – commercial fishing

16 Size limits – commercial fishing

(1)  The holder of a fishing licence (rock lobster) must not take or possess rock lobster in a fishing zone, or possess rock lobster within 100 metres of the high-water mark for the fishing zone, if the rock lobster has a carapace shorter than the minimum size specified in Part 1 of Schedule 2 for rock lobster in that fishing zone.

Penalty:  Grade 3 penalty.

(2)  It is a defence in proceedings for an offence under subrule (1) , with respect to possession of rock lobster, if the defendant establishes that, at the relevant time –

(a) the defendant –

(i) was on a fishing trip undertaken for a commercial purpose in respect of rock lobster in a fishing zone; and

(ii) after taking the rock lobster, was transiting directly from that fishing zone during the fishing trip; and

(iii) had made a commercial transit report before leaving that fishing zone; and

(b) the rock lobster was taken legally from the fishing zone referred to in paragraph (a)(i) .