19—Provisions relating to abalone fishing
(1) A person must not
remove from the shell abalone taken under a licence in respect of the
Southern Zone Abalone Fishery unless the abalone is removed on land at the
premises of a registered fish processor in the course of the business of the
fish processor.
Maximum penalty: $2 500.
(2) An unlicensed
person who takes abalone in the waters of the State must bring the abalone to
a position above the waterline before the abalone is removed from its shell.
Maximum penalty: $2 500.
Expiation fee: $210.
(3) A person who takes
abalone in the waters of the State must have attached to the person an
effective and accurate measuring device suitable for measuring abalone.
Maximum penalty: $2 500.
Expiation fee: $210.
(4) A person who takes
abalone in the waters of the State must measure each abalone by using a device
of a kind referred to in subregulation (3) immediately after detaching
the abalone from the rock or other place to which it was attached and must
immediately, with care, replace on that rock or other place to which the
abalone had been attached any abalone that is undersize.
Maximum penalty: $2 500.
Expiation fee: $210.
(5) Subject to
subregulation (6), a person must not have possession, control or custody
of abalone that has been removed from its shell.
Maximum penalty: $2 500.
Expiation fee: $210.
(6)
Subregulation (5) does not apply to a person who has possession, control
or custody abalone that has been removed from its shell if—
(a)
being an unlicensed person, the person has complied with
subregulation (2); or
(b) the
person is acting during the course of the person's work or employment at the
premises of a registered fish processor that are situated on land; or
(c) the
abalone has previously been delivered to and processed at the premises of a
registered fish processor that are situated on land; or
(d) the
abalone was taken under a licence in respect of the Central Zone
Abalone Fishery or Western Zone Abalone Fishery.
(7) In this
regulation—
"land" does not include land below waters.