FISHERIES ACT 1995 - SECT 67 Fishing closures
FISHERIES ACT 1995 - SECT 67
Fishing closures(1) A regulation or fisheries notice may—
S. 67(1)(a) amended by No. 21/2011 s. 3.
(a) fix open and closed seasons for
fish; or
(b) prohibit the taking, landing, processing, selling or possessing of fish or fishing bait or a specified species of fish or fishing bait; or
(c) prohibit the use of specified fishing methods.
(2) A prohibition under subsection (1)—
(a) may be absolute or conditional;
(b) may apply in respect of any specified species of fish or fishing bait;
(c) may apply to any waters or to specified waters or areas;
(d) may apply for such period as is specified including—
(i) specified times of the day;
(ii) specified periods of a week, month or year;
(iii) specified periods of more than a year;
(e) may apply in respect of specified classes of fishery licences;
(f) may apply either generally or in specified circumstances or to specified people or classes of people.
(3) A person must not contravene a prohibition under subsection (1).
Penalty: 100 penalty units or imprisonment for 6 months or both.
(4) In addition to the penalty under subsection (3), the regulations or a fisheries notice may provide that, in respect of a specified species of fish, a person is liable to a further penalty—
(a) for a first offence, not exceeding ½ penalty unit for each fish of that species taken, landed, sold or possessed;
S. 67(4)(b) amended by No. 35/2019 s. 8(8).
(b) for a subsequent offence, not exceeding one penalty unit for each fish of that species taken, landed, sold or possessed.
(5) Despite subsection (3), a person may sell or process a fish in a closed season for fish of that species if he or she can prove that the fish was not taken in contravention of a prohibition under subsection (1).
(6) Subsection (5) does not apply to a person in relation to a particular prohibition if the regulation or fisheries notice creating the prohibition expressly prohibits the sale or processing of fish of that species during the closed season.
S. 68 substituted by No. 5/1997
s. 9.