15ACatch-sharing in non-commercial scallop fishery

15A Catch-sharing in non-commercial scallop fishery

[Rule 15A Inserted by S.R. 2025, No. 10, Applied:09 Apr 2025]

(1)  In this rule –

non-commercial scallop fisher means –

(a) the holder of a fishing licence (recreational scallop); or

(b) an Aborigine engaging in an Aboriginal activity.

(2)  Rule 15(2) does not apply to a person taking, in an area of State waters, more than the amount of scallops specified under rule 15 for that area of State waters (excess scallops), if –

(a) the excess scallops are taken during a non-commercial fishing trip in the non-commercial scallop fishery; and

(b) the person is one of two or more non-commercial scallop fishers on the trip; and

(c) the excess scallops are given to –

(i) one non-commercial scallop fisher per non-commercial fishing trip who is present on the trip but does not, during the trip, take any scallops; or

(ii) a non-commercial scallop fisher who is present on the non-commercial fishing trip but has not, during that trip, taken the whole of the amount of scallops specified under rule 15 in respect of that fisher –

provided that at no stage the giving of the excess scallops results in any person possessing more than the amount of scallops specified under rule 15 ; and

(d) at no stage does the amount of scallops taken, on a non-commercial fishing trip, exceed the lesser of the following amounts:

(i) 5 times the amount of scallops specified under rule 15 for that area of State waters;

(ii) the sum of the amount of scallops specified under rule 15 for that area of State waters multiplied by the number of non-commercial scallop fishers present on the trip.