10Closed and open seasons

10 Closed and open seasons

(1)  The Minister, by published notice, may determine –

(a) the dates of the closed season for a specified fishery or specified part of a fishery; and

(b) the dates of the open season for a specified fishery or specified part of a fishery; and

(c) that any part of a specified fishery is closed to, or in respect of, specified activities for such period as is specified in the notice.

(2)  A person must not –

(a) take any kind or species of fish from State waters that are closed to the fishery for that kind of fish; or

(b) be in possession of a kind or species of fish in State waters that are closed in respect of the fishery for that kind of fish; or

(c) undertake an activity of a type specified in a determination under subrule (1)(c) during the period, and in the fishery, specified in that determination for that activity.

Penalty:  Grade 3 penalty.

(3)  A person must comply with a determination in force under subrule (1) .

Penalty:  Grade 3 penalty.

(4)  It is a defence in proceedings for an offence against subrule (2) or (3) if the defendant establishes that the fish were –

(a) taken, bought, sold or in his or her possession during an open season for the fishery in respect of the fish; or

(b) scallop spat taken under a fishing licence (scallop spat collection); or

(c) mussel spat taken under a fishing licence (mussel spat collection); or

(d) taken from a marine farm –

(i) by the holder of a marine farming licence or a permit relating to marine farming; or

(ii) in accordance with such a licence or permit.