A person must not be in possession of scallops that are smaller than the minimum size unless –

(a) the person is the holder of a fishing licence (scallop spat collection) and is in possession only of scallop spat; or

(b) the person is the holder of a fishing licence (scallop), has taken the scallops with a scallop dredge, and the scallops that are smaller than the minimum size constitute no more than 15% of the total amount of scallops in the person's possession; or

(c) the person has bought or received the scallops that are smaller than the minimum size from a fish merchant or retail outlet; or

(d) the person is complying with a marine farming licence authorising the marine farming of scallops.

Penalty:   Grade 3 penalty.