(1) The master of a
catcher boat shall, subject to subregulation (2), ensure that pearl
oysters taken by diving from the catcher boat are placed in designated
containers within 20 minutes of the end of the dive during which that taking
took place.
Penalty: $1 000.
(1a) The master of a
catcher boat acting under subregulation (1) shall ensure that broodstock
are not placed in the same designated container as wildstock.
Penalty: $1 000.
(2) It is a defence to
a charge of committing an offence under subregulation (1) to show
that —
(a) a
threat to the safety of the crew of the catcher boat from which the relevant
dive was made prevented compliance with that subregulation; or
(b) the
catch of pearl oysters made during the relevant dive was so large that it was
not possible to comply with that subregulation in respect of all or any of the
pearl oysters in that catch.
[Regulation 22 amended: Gazette
17 Dec 1999 p. 6209.]