(1)  This rule applies if a person holding a fishing licence (scallop) –

(a) allows the licence to expire; and

(b) does not, within the period of 12 months commencing on the date of the expiry, apply under section 77 of the Act for the grant of a further licence of the same kind.

(2)  The person is not eligible to be granted a further fishing licence (scallop).