(1)  A person must not, in State waters, take or be in possession of scallops, during an open season unless –

(a) the person is –

(i) the holder of a fishing licence (scallop); and

(ii) authorised to participate in the scallop fishery during that open season; or

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

(c) the person is an Aborigine engaged in an Aboriginal activity.

Penalty:  Grade 3 penalty.

(2)  It is a defence in proceedings for an offence under subrule (1) if the defendant establishes that –

(a) at the relevant time, he or she was acting under the authority of –

(i) a marine farming licence authorising the marine farming of scallops; or

(ii) a fishing licence (scallop spat collection); or

(b) the scallops or scallop meat were purchased from a fish merchant or retail outlet.