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.]