14Restriction on taking or possessing scallops for non-commercial scallop fishery

14 Restriction on taking or possessing scallops for non-commercial scallop fishery

(1)  A person, other than the holder of a fishing licence (scallop), must not –

(a) take scallops from State waters during the closed season for the non-commercial scallop fishery; or

(b) be in possession of scallops in any area of State waters during the closed season for the non-commercial scallop fishery; or

(c) during the open season for the non-commercial scallop fishery, take scallops in an area determined by the Minister to be closed to the non-commercial scallop fishery under rule 12(1)(a) ; or

(d) during the open season for the non-commercial scallop fishery, take a species of scallop from an area of State waters that is determined to be closed under rule 12(1)(b) to the non-commercial scallop fishery for that species of scallop; or

(e) during the open season for the non-commercial scallop fishery, be in possession of scallops while swimming or diving in a closed area for the non-commercial scallop fishery.

Penalty:  Grade 3 penalty.

(2)  It is a defence in proceedings for an offence under subrule (1)(b) if the defendant establishes that the scallops were purchased from a fish merchant or retail outlet.