(1)  In this rule –

deckhand , in relation to a vessel and any scallops, means a person who was on board the vessel as crew during the fishing trip in which the scallops were taken;

trading vessel means a vessel, other than a fishing vessel, that is used or is intended to be used, wholly or principally –

(a) to carry passengers or cargo for hire or reward; or

(b) to provide services to ships or shipping, whether for reward or otherwise.

(2)  A person in State waters must not –

(a) remove a scallop from its enclosing shell; or

(b) be in possession of scallop meat.

Penalty:   Grade 2 penalty.

(3)  Subrule (2) does not apply if –

(a) the scallop meat is on a trading vessel and the scallop meat –

(i) is being prepared for cooking or is being cooked or consumed; or

(ii) has been processed in processing premises; or

(b) the scallop meat is on a vessel that is being used for a recreational purpose and –

(i) there is no more than 3 kilograms of scallop meat in total on the vessel; and

(ii) the scallop meat has been purchased from a fish merchant or retail outlet.

(4)  Subrule (2) does not apply to the holder of a fishing licence (recreational scallop) if –

(a) he or she is in possession of the scallop meat while on board a vessel; and

(b) none of the scallop meat is landed; and

(c) the shells of all scallops from which the scallop meat has been removed are landed; and

(d) those shells are included in the daily maximum amount of scallops permitted under rule 15(2).

(5)  Subrule (2) does not apply to the holder of a fishing licence (scallop) if –

(a) he or she is on board a vessel; and

(b) the scallop is removed from its enclosing shell before the vessel is in the immediate proximity of a port of landing; and

(c) there is, in total, no more than 5 kilograms of scallop meat on board the vessel.

(6)  The holder of a fishing licence (scallop) may keep, or transfer to a deckhand, scallop meat that has been removed from its enclosing shell in accordance with subrule (5) once the vessel that the holder is on has entered a port of landing.

(7)  The holder of a fishing licence (scallop) must provide a scallop sales receipt for scallop meat kept, or transferred, under subrule (6) to the person keeping or receiving the scallop meat, being a receipt specifying –

(a) the date and time when the scallop meat is unloaded; and

(b) the accurate weight of the scallop meat kept or transferred under subrule (6) ; and

(c) the name of the person receiving any scallop meat kept or transferred under subrule (6) .

Penalty:   Grade 2 penalty.

(8)  A person who is in possession of scallop meat kept or transferred in accordance with subrule (6) must –

(a) keep the receipt provided under subrule (7) whilst the person is in possession of the scallop meat; and

(b) not sell or transfer that scallop meat.

Penalty:   Grade 2 penalty.

(9)  The holder of a fishing licence (scallop) who has kept, or transferred, scallop meat in accordance with subrule (6) must keep a copy of the receipt provided under subrule (7) , in good condition, for at least 5 years after the scallop meat was kept or transferred.

Penalty:   Grade 2 penalty.