15Maximum amount of scallops for non-commercial scallop fishery

15 Maximum amount of scallops for non-commercial scallop fishery

(1)  [Rule 15 Subrule (1) amended by S.R. 2025, No. 10, Applied:09 Apr 2025] The Minister, by published notice, may specify the maximum number of scallops that may be taken from, or possessed in, a specified area of State waters that is open to the non-commercial scallop fishery.

(2)  [Rule 15 Subrule (2) amended by S.R. 2025, No. 10, Applied:09 Apr 2025] Subject to rule 15A , a person, other than the holder of a fishing licence (scallop), must not, in any one day in State waters, take, or be in possession of, more than –

(a) the amount of scallops specified by the Minister under subrule (1) for that area of State waters; or

(b) if no amount of scallops has been specified by the Minister under subrule (1) for that area of State waters, 50 whole scallops.

Penalty:  Grade 3 penalty.

(3)  A person must not be in possession of more than 100 whole scallops unless the person is the holder of a licence that authorises that person to be in possession of more than 100 whole scallops.

Penalty:  Grade 3 penalty.

(4)  A person must not be in possession of more than 3 kilograms of scallop meat unless the person is the holder of a licence that authorises the person to be in possession of more than 3 kilograms of scallop meat.

Penalty:  Grade 3 penalty.

(5)  It is a defence in proceedings for an offence under this rule if the defendant establishes that the scallops or scallop meat were purchased from a fish merchant or retail outlet.

(6)  It is a defence in proceedings for an offence under subrule (4) if the defendant establishes that the scallop meat consisted of not more than –

(a) 100 scallops; or

(b) if the defendant holds a licence that authorises that person to be in possession of more than 100 scallops, that higher number of scallops.