In these regulations –

abalone has the same meaning as in the Fisheries (Abalone) Rules 2009 ;

Act means the Living Marine Resources Management Act 1995 ;

commercial licence means a licence issued for commercial purposes;

first offence means a first offence against any fisheries regulation or fisheries rule;

fisheries regulation means a regulation made and in force under the Act;

fisheries rule means a rule made and in force under Part 3 or 5 of the Act;

fish trap has the same meaning as in the Fisheries (Scalefish) Rules 2004 ;

giant crab has the same meaning as in the Fisheries (Giant Crab) Rules 2006 ;

level 1 offence means an offence that involves –

(a) less than –

(i) 10 rock lobsters; or

(ii) 2 giant crabs; or

(iii) 100 scallops; or

(iv) 5 sharks; or

(v) 20 abalone; or

(vi) 20 kilograms of abalone; or

(vii) 20 fish of any other species; or

(b) less than –

(i) 3 rock lobster pots; or

(ii) 4 rock lobster rings; or

(iii) 3 fish traps; or

(c) less than 1% of the total number of rock lobster, giant crab, abalone or scallops taken by, or in the possession of, the person convicted of the offence if the person was operating under a subsisting commercial licence for that species when the offence was committed;

level 2 offence means an offence that involves –

(a) not less than –

(i) 10 rock lobsters; or

(ii) 2 giant crabs; or

(iii) 100 scallops; or

(iv) 5 sharks; or

(v) 20 abalone; or

(vi) 20 kilograms of abalone; or

(vii) 20 fish of any other species; or

(b) not less than –

(i) 3 rock lobster pots; or

(ii) 4 rock lobster rings; or

(iii) 3 fish traps; or

(c) not less than 1% of the total number of rock lobster, giant crab, abalone or scallops taken by, or in the possession of, the person convicted of the offence if the person was operating under a subsisting commercial licence for that species when the offence was committed;

rock lobster has the same meaning as in the Fisheries (Rock Lobster) Rules 2006 ;

rock lobster pot has the same meaning as in the Fisheries (Rock Lobster) Rules 2006 ;

rock lobster ring has the same meaning as in the Fisheries (Rock Lobster) Rules 2006 ;

scallop has the same meaning as in the Fisheries (Scallop) Rules 2010 ;

second offence means a second offence against any fisheries regulation or fisheries rule, whether or not the first offence was in respect of the same regulation or rule;

shark has the same meaning as in Schedule 1 to the Fisheries (Scalefish) Rules 2004 ;

third or subsequent offence means the third or subsequent offence against any fisheries regulation or fisheries rule, whether or not the first and second offences were in respect of the same regulation or rule.