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FISH RESOURCES MANAGEMENT ACT 1994 - SECT 51

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 51

51 .         Possession limits for fish, regulations and offences as to

        (1)         The regulations may specify the maximum quantity of fish of a specified class that a person may have in possession in specified circumstances (the possession limit ).

        (2)         A person must not have in the person’s possession in any such circumstances more than the possession limit of those fish.

        Penalty: As provided in sections 52 and 222.

        (3)         Subsection (2) applies irrespective of the period over which the fish were taken.

        (4)         It is a defence in proceedings for an offence against subsection (2) for the person charged to prove that —

            (a)         the fish were taken for a commercial purpose in accordance with an authorisation; or

            (b)         the fish were kept, bred, hatched, cultured or harvested in accordance with an aquaculture licence; or

            (c)         the person has any other defence prescribed in the regulations.

        (5)         The regulations may specify different possession limits in relation to —

            (a)         different areas of the State; or

            (b)         different classes of persons; or

            (c)         different circumstances.

        (6)         This section does not authorise the possession of fish in contravention of any other provision of this Act.

        [Section 51 amended: No. 43 of 2011 s. 15.]