138Marking fish

138 Marking fish

(1)  [Section 138 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 138 Subsection (1) substituted by No. 55 of 2002, s. 25, Applied:10 May 2003] In this section, a person marks a live freshwater fish if he or she –

(a) affixes an identification mark or tag to the fish; or

(b) removes a fin from the fish; or

(c) mutilates the fish; or

(d) marks the fish in any other manner.

(1A)  [Section 138 Subsection (1A) inserted by No. 55 of 2002, s. 25, Applied:10 May 2003] A person must not mark a live freshwater fish except where that person holds a fish farm licence or operates a registered private fishery and –

(a) marks the fish in accordance with the licence or registration; or

(b) marks that fish as directed by the Director.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person must not mark any salmon or other declared fish in a manner likely to deceive any person into believing that the fish is properly marked.

Penalty:  Fine not exceeding 5 penalty units.

(3)  A person must not have possession of any salmon or other declared fish marked in a manner likely to deceive any person into whose possession the fish may subsequently come that the fish has been properly marked.

Penalty:  Fine not exceeding 5 penalty units.

(4)  It is a defence in proceedings for an offence under subsection (3) for a person to prove that he or she reasonably believed the salmon or declared fish was properly marked.