Australian Capital Territory Consolidated Acts

FISHERIES ACT 2000 - SECT 74

    (1)     A person who does not hold a commercial fishing licence commits an offence if the person takes fish from public waters with the intention of—

        (a)     selling the fish; or

        (b)     processing the fish for sale.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     The holder of a commercial fishing licence commits an offence if—

        (a)     the holder takes fish for processing or sale; and

        (b)     taking the fish is not permitted by the licence.

Maximum penalty: 50 penalty units.

    (3)     Subsection (2) does not apply if—

        (a)     the licence holder unintentionally takes the fish; and

        (b)     except for taking the fish, the licence holder's conduct does not contravene this Act; and

        (c)     the licence holder immediately returns the fish to the waters from which it was taken with the least possible injury.

    (4)     An offence against subsection (2) is a strict liability offence.