40Scallop dredging prohibited in certain areas

40 Scallop dredging prohibited in certain areas

(1)  A person must not deploy or use a scallop dredge in –

(a) a scallop dredging prohibited area; or

(b) State waters that are less than 20 metres deep; or

(c) a closed area for the commercial scallop fishery.

Penalty:  Grade 3 penalty.

(2)  Despite subrule (1) , the holder of a fishing licence (scallop) or the holder of a Commonwealth authority to take scallops may deploy a scallop dredge while in the immediate proximity of a port for the purpose of maintenance if –

(a) the dredge does not come into contact with the seabed; and

(b) the holder of the licence or the holder of the authority has written approval from a fisheries officer.

(3)  It is a defence in proceedings for an offence under subrule (1)(a) , (b) or (c) if the defendant establishes that, at the relevant time, he or she was acting in accordance with a written authorisation from MAST to deploy or use a scallop dredge for the purpose of promoting a navigable channel.

(4)  It is a defence in proceedings for an offence under subrule (1)(c) if the defendant establishes that, at the relevant time, he or she was acting under the authority of a scallop survey.