59Removing scallops from shells and possession of scallop meat

59 Removing scallops from shells and possession of scallop meat

(1)  In this rule –

deckhand, in relation to a vessel and any scallops, means a person who was on board the vessel as crew during the fishing trip in which the scallops were taken;

trading vessel means a vessel, other than a fishing vessel, that is used or is intended to be used, wholly or principally –

(a) to carry passengers or cargo for hire or reward; or

(b) to provide services to ships or shipping, whether for reward or otherwise.

(2)  A person in State waters must not –

(a) remove a scallop from its enclosing shell; or

(b) be in possession of scallop meat.

Penalty:   Grade 2 penalty.

(3)  Subrule (2) does not apply if –

(a) the scallop meat is on a trading vessel and the scallop meat –

(i) is being prepared for cooking or is being cooked or consumed; or

(ii) has been processed in processing premises; or

(b) the scallop meat is on a vessel that is being used for a recreational purpose and –

(i) there is no more than 3 kilograms of scallop meat in total on the vessel; and

(ii) the scallop meat has been purchased from a fish merchant or retail outlet.

(4)  Subrule (2) does not apply to the holder of a fishing licence (recreational scallop) if –

(a) he or she is in possession of the scallop meat while on board a vessel; and

(b) none of the scallop meat is landed; and

(c) the shells of all scallops from which the scallop meat has been removed are landed; and