21Restriction on possessing scallops during closed season for commercial scallop fishery

21 Restriction on possessing scallops during closed season for commercial scallop fishery

(1)  A person must not be in possession of scallops during a closed season for the commercial scallop fishery.

Penalty:  Grade 3 penalty.

(2)  It is a defence in proceedings for an offence under subrule (1) if the defendant establishes that the scallops in respect of which the offence is alleged to have been committed were –

(a) imported into the State; or

(b) taken, bought or sold –

(i) during an open season for the commercial scallop fishery; or

(ii) under a Commonwealth authority to take scallops from Commonwealth waters; or

(iii) as part of a scallop survey; or

(c) in the defendant's possession –

(i) during an open season for the commercial scallop fishery; or

(ii) under a Commonwealth authority to take scallops from Commonwealth waters; or

(d) taken during the open season for the non-commercial scallop fishery by –

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

(ii) an Aborigine engaged in an Aboriginal activity.

(3)  It is also a defence in proceedings for an offence under subrule (1) if the defendant establishes that, at the relevant time, he or she was acting under the authority of –

(a) a marine farming licence authorising the marine farming of scallops; or

(b) a fishing licence (scallop spat collection).