46Use of fish caufs – general obligations of licensees

46 Use of fish caufs – general obligations of licensees

(1)  This rule applies to a person who is the holder of a fishing licence (class shellfish) that is endorsed for the use of a fish cauf (the licence).

(2)  The person must not, for the purposes of the licence, use a fish cauf anywhere other than at a place specified in the licence for such use.

Penalty:  Grade 3 penalty.

(3)  The person must not, for the purposes of the licence, place in a fish cauf shellfish that have been taken recreationally or under another licence.

Penalty:  Grade 3 penalty.

(4)  The person must not, for the purposes of the licence, at any time after the 30-day period immediately following the commencement of a new licensing year, hold in a fish cauf shellfish taken under the licence during the previous licensing year.

Penalty:  Grade 2 penalty.

(5)  The person must not, for the purposes of the licence, place shellfish in a fish cauf on any day unless he or she has completed the shellfish docket for those shellfish for that day.

Penalty:  Grade 3 penalty.

(6)  The person must, in using a fish cauf for the purposes of the licence, ensure that –

(a) shellfish taken on any one day are kept in a separate container in the fish cauf from shellfish taken on any other day; and

(b) if shellfish of more than one kind are taken on any one day, the shellfish of each kind are kept in a separate container in the fish cauf; and

(c) each container holding shellfish in the fish cauf is clearly marked with the following:

(i) the date on which the shellfish were placed in the fish cauf;

(ii) the shellfish docket number of the shellfish docket completed for the shellfish.

Penalty:  Grade 1 penalty.

(7)  In any proceedings for an offence under subrule (6) , it is a defence if the defendant establishes that –

(a) another person acting or purporting to act under the authority of the licence committed the offence; and