(1)  In this rule –

non-commercial scallop fisher means –

(a) the holder of a fishing licence (recreational scallop); or

(b) an Aborigine engaging in an Aboriginal activity.

(2)  Rule 15(2) does not apply to a person taking, in an area of State waters, more than the amount of scallops specified under rule 15 for that area of State waters (excess scallops), if –

(a) the excess scallops are taken during a non-commercial fishing trip in the non-commercial scallop fishery; and

(b) the person is one of two or more non-commercial scallop fishers on the trip; and

(c) the excess scallops are given to –

(i) one non-commercial scallop fisher per non-commercial fishing trip who is present on the trip but does not, during the trip, take any scallops; or

(ii) a non-commercial scallop fisher who is present on the non-commercial fishing trip but has not, during that trip, taken the whole of the amount of scallops specified under rule 15 in respect of that fisher –

provided that at no stage the giving of the excess scallops results in any person possessing more than the amount of scallops specified under rule 15 ; and

(d) at no stage does the amount of scallops taken, on a non-commercial fishing trip, exceed the lesser of the following amounts:

(i) 5 times the amount of scallops specified under rule 15 for that area of State waters;

(ii) the sum of the amount of scallops specified under rule 15 for that area of State waters multiplied by the number of non-commercial scallop fishers present on the trip.

(3)  For the avoidance of doubt, nothing in subrule (2) authorises a non-commercial scallop fisher to, in any one day, receive or be in possession of more than the amount of scallops specified under rule 15 for the area of State waters where the non-commercial fishing trip specified in subrule (2) occurs.

(4)  A person in charge of a vessel used for a non-commercial fishing trip in the non-commercial scallop fishery, must ensure that, at any time, there are no more scallops, on that vessel during the trip, than the amount of scallops specified under subrule (2)(d) .

Penalty:  Grade 3 penalty.