South Australian Current Regulations

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FISHERIES MANAGEMENT (GENERAL) REGULATIONS 2017 - REG 18

18—Mutilation of certain fish

        (1)         This regulation applies to—

            (a)         shark of any species belonging to the class Chondrichthyes; and

            (b)         fish of a class specified in Schedule 2.

        (2)         If fish of a class to which this regulation applies are taken in the course of fishing from a boat, a person must not mutilate those fish before they are brought ashore or landed on a jetty, pier or other landing place.

Maximum penalty: $2 500.

Expiation fee: $210.

        (3)         In proceedings for an offence against subregulation (2), it will be presumed, in the absence of proof to the contrary, that any mutilated fish on a boat have been mutilated by the person in charge of the boat unless that person proves that some other person mutilated them and that the person made reasonable efforts to prevent the mutilation.

        (4)         This regulation does not apply in relation to fish on a boat that, within 24 hours of their mutilation, are to be—

            (a)         consumed as food on that boat; or

            (b)         used as bait in the course of a fishing activity in which persons on that boat intend, and are lawfully entitled, to engage in.

        (5)         In this regulation—

"mutilate", in relation to fish, means to divide, cut up, mangle or dismember fish in any way but does not include—

            (a)         the removal of the guts or scales of fish; or

            (b)         in the case of shark—

                  (i)         the removal of the head, pelvic fins and claspers; or

                  (ii)         the removal of the tail at the sub-terminal notch, leaving the caudal lobe attached to the body.



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