(1) Subject to
subregulation (2), a person, other than a person authorised to take
abalone under a managed fishery licence, must not —
(a) on
the seaward side of the high water mark; or
(b) in
the waters of any estuary, river or inlet, or in the entrance to any of those
waters; or
(c)
within 200 m of, and on the landward side of, the high water mark,
remove the shell, or
cause or permit the shell to be removed, from an abalone.
Penalty: a fine of $5 000 and the penalty
provided in section 222 of the Act.
(2A) A person, other
than a person authorised to take abalone under a managed fishery licence, must
not bring onto land, or attempt to bring onto land, an abalone from which the
shell has been removed.
Penalty: a fine of $5 000 and the penalty
provided in section 222 of the Act.
(2)
Subregulation (1)(c) does not apply to a person if that
person —
(a)
removes an abalone from its shell, or permits an abalone to be removed from
its shell, within an area described in the Table to this regulation; and
(b)
immediately takes the abalone from which the shell has been removed from that
area to an area which is more than 200 m on the landward side of the high
water mark.
Table
The fish cleaning facility situated approximately 40 m in an easterly
direction from the intersection of Wharton Road and Road No. 17027
(access road to the Duke of Orleans Caravan Park) at the Duke of Orleans Bay. |
[Regulation 41 amended: Gazette
19 Jun 1998 p. 3263; 4 Nov 2005 p. 5311;
2 Aug 2011 p. 3167; 2 Nov 2011 p. 4621.]