(1) A person, other
than a person who is the holder of a commercial fishing licence or an
aquaculture licence, must not —
(a) on
the seaward side of the high water mark, or within 200 m of, and on the
landward side of, the high water mark —
(i)
remove the shell, or cause or permit the shell to be
removed, from a cockle, ark shell, venus clam or other species of edible
mollusc; or
(ii)
be in possession of a cockle, ark shell, venus clam or
other species of edible mollusc from which the shell has been removed;
or
(b)
bring onto land, or attempt to bring onto land, a cockle, ark shell, a venus
clam or any other edible mollusc from which the shell has been removed.
(2)
Subregulation (1)(a) does not apply to a person who removes the shell, or
causes or permits the shell to be removed, from a cockle (ark shell), venus
clam or any other edible mollusc for the purpose of immediately consuming the
mollusc or using it as bait.
(3) This regulation
does not apply in respect of abalone or oyster.
Penalty: $2 000.
[Regulation 42 amended: Gazette
1 Oct 2003 p. 4302; 4 Nov 2005 p. 5311.]