29Entering scallop vessel exclusion zone

29 Entering scallop vessel exclusion zone

(1)  The holder of a fishing licence (scallop) must ensure that the vessel specified in the relevant fishing certificate does not enter a scallop vessel exclusion zone.

Penalty:   Grade 2 penalty.

(2)  A Bass Strait scallop fisher undertaking a Bass Strait scallop trip must ensure that the fishing vessel used for the trip does not enter a scallop vessel exclusion zone.

Penalty:   Grade 2 penalty.

(3)  It is a defence in proceedings for an offence under subrule (1) if the defendant establishes that –

(a) the safety of the vessel or crew would have been at risk had it not entered the scallop vessel exclusion zone; or

(b) at the relevant time, he or she was acting under the authority of a scallop survey.

(4)  It is a defence in proceedings for an offence under subrule (2) if the defendant establishes that the safety of the vessel or crew would have been at risk had it not entered the scallop vessel exclusion zone.

(5)  Subrule (1) does not apply to the holder of a fishing licence (scallop) while the fishing licence (scallop) is deactivated.