(1)  If the supervisor of an activity carried out under the authority of a licence commits an offence under section 89(4) in respect of that activity, the holder of the licence –

(a) is taken to have committed that offence; and

(b) may be proceeded against for that offence whether or not the supervisor is proceeded against for that offence.

(2)  It is a defence in proceedings for an offence under subsection (1) if the defendant establishes that he or she –

(a) did not know the offence had been committed; and

(b) could not reasonably have prevented the commission of the offence; and

(c) had, before the offence occurred, taken reasonable steps to have the supervisor comply with this Act; and

(d) took reasonable steps to minimise the impact of the offence on fish and the marine environment.