(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.