42Possessing scallop dredges during closed season

42 Possessing scallop dredges during closed season

(1)  The holder of a fishing licence (scallop) must not be in possession of a scallop dredge in State waters during a closed season for the commercial scallop fishery.

Penalty:  Grade 3 penalty.

(2)  Subrule (1) does not apply if –

(a) the scallop dredge is on board a fishing vessel that –

(i) is returning to a port of landing within 48 hours after the end of the open season; or

(ii) is leaving a port within 48 hours before the start of the open season; or

(iii) is in port or on a mooring and not undertaking a fishing trip; or

(b) the holder of the fishing licence (scallop) is authorised by an endorsement on the licence to be in possession of a scallop dredge in State waters during a closed season for the commercial scallop fishery.

(3)  It is 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 scallop survey.