36Possession of marked rock lobster in certain zones of non-commercial rock lobster fishery

36 Possession of marked rock lobster in certain zones of non-commercial rock lobster fishery

(1)  A non-commercial fisher must not possess rock lobster that is marked, in accordance with rule 34 , as being from a specific fishing zone of the non-commercial rock lobster fishery –

(a) on land within 100 metres of the high-water mark of another fishing zone of the non-commercial rock lobster fishery; or

(b) in another fishing zone of the non-commercial rock lobster fishery; or

(c) in the immediate proximity of a site of unloading in another fishing zone of the non-commercial rock lobster fishery.

Penalty:  Grade 3 penalty.

(2)  Subrule (1) does not apply to a non-commercial fisher if, at the relevant time –

(a) the non-commercial fisher is a resident of a permanent dwelling within 100 metres of the site of unloading referred to in subrule (1)(c) ; and

(b) the rock lobster in the non-commercial fisher’s possession is in that permanent dwelling.

(3)  It is a defence in proceedings for an offence under subrule (1) if the defendant establishes that, at the relevant time –

(a) the marked rock lobster possessed by the defendant was taken legally from the fishing zone of the non-commercial rock lobster fishery in respect of which it is marked; and

(b) the defendant was travelling directly from that fishing zone; and

(c) the defendant had made a non-commercial zone transit report, in accordance with rule 106 , before leaving that fishing zone.