FISHERIES RULES 2019 (S.R. 2019, NO. 67) - REG 10 Closed and open seasons
FISHERIES RULES 2019 (S.R. 2019, NO. 67) - REG 10
Closed and open seasons
(1) The Minister, by published notice, may determine (a) the dates of the closed season for a specified fishery or specified part of a fishery; and(b) the dates of the open season for a specified fishery or specified part of a fishery; and(c) that any part of a specified fishery is closed to, or in respect of, specified activities for such period as is specified in the notice.(2) A person must not (a) take any kind or species of fish from State waters that are closed to the fishery for that kind of fish; or(b) be in possession of a kind or species of fish in State waters that are closed in respect of the fishery for that kind of fish; or(c) undertake an activity of a type specified in a determination under subrule (1)(c) during the period, and in the fishery, specified in that determination for that activity.Penalty: Grade 3 penalty.(3) A person must comply with a determination in force under subrule (1) .Penalty: Grade 3 penalty.(4) It is a defence in proceedings for an offence against subrule (2) or (3) if the defendant establishes that the fish were (a) taken, bought, sold or in his or her possession during an open season for the fishery in respect of the fish; or(b) scallop spat taken under a fishing licence (scallop spat collection); or(c) mussel spat taken under a fishing licence (mussel spat collection); or(d) taken from a marine farm (i) by the holder of a marine farming licence or a permit relating to marine farming; or(ii) in accordance with such a licence or permit.