(1)  Subject to subrule (2) , a person must not set a scallop spat collector or take or have possession of scallop spat unless –

(a) the person is the holder, or supervisor, of a fishing licence (scallop spat collection); and

(b) the scallop spat is taken by, or in possession of, the person for the purposes of scallop farming; and

(c) the person has the written approval of the Secretary to set scallop spat collectors for that purpose; and

(d) the scallop spat is taken in accordance with the written approval of the Secretary.

Penalty:  Grade 2 penalty.

(2)  A person may set a scallop spat collector if –

(a) the scallop spat collector is set within the area of a marine farm lease that relates to a species of scallop; and

(b) the marine farming licence relating to that area authorises the farming of that species of scallop.