12Possession limits for other kinds of undersize and oversize shellfish

12 Possession limits for other kinds of undersize and oversize shellfish

(1)  This rule applies to shellfish other than katelysia cockles, native oysters and venerupis clams.

(2)  The Minister, by public notice, may determine for a kind of shellfish –

(a) a minimum size limit; and

(b) the number of shellfish smaller than that minimum size limit (in this rule referred to as undersize shellfish) allowed to be taken or possessed.

(3)  The Minister, by public notice, may determine for a kind of shellfish –

(a) a maximum size limit; and

(b) the number of shellfish greater than that maximum size limit (in this rule referred to as oversize shellfish) allowed to be taken or possessed on and during a fishing trip.

(4)  If a determination is in place under subrule (2) for a kind of shellfish, a person must not, on and during a fishing trip, take or at any one time be in possession of more undersize shellfish of that kind than the determination allows.

Penalty:  Grade 3 penalty.

(5)  If a determination is in place under subrule (3) for a kind of shellfish, a person must not, on and during a fishing trip, take or at any one time be in possession of more oversize shellfish of that kind than the determination allows.

Penalty:  Grade 3 penalty.

(6)  To avoid doubt, the possession limits in subrules (4) and (5) apply solely to shellfish in the relevant person's physical possession on and during the relevant fishing trip, not to shellfish that the person may be holding elsewhere, at a purge site or other place distant from the person at the relevant time, from a previous fishing trip.