Fisheries Act · 2024 Revised Edition · Part · Jurisdiction and Evidence
Section 56A
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (2), where —
any fish;
any fishing appliance or other equipment for fishing; or
any equipment for photography, filming or sound recording, is found on board a vessel in any marine reserve or marine park, the fish, fishing appliance or equipment, or photography, filming or sound recording equipment, shall be presumed, unless the contrary is proved —
to have been caught; or
to have been used for fishing, photography, filming or sound recording, in any marine reserve or marine park without a licence, as the case may be.
Where the vessel is stopped, boarded and searched under
vessel
“vessel” means any boat, ship or other water-going craft and includes a hovercraft.
Part 13 and it shows proof that —
the fish on board are held in a sealed hold; or
the fishing appliance or equipment, or photography, filming or sound recording equipment, are properly stowed and secured on the vessel so that they are not easily available for fishing or for undertaking photography, filming or sound recording, as the case may be, this shall constitute a defence in proceedings for an offence against this Act.
Fisheries 40
Terms defined in s 2
fish
Defined · s 2“fish” means any aquatic animal or plant life, whether sedentary or not, and includes all species of fin fish, crustacean, molluscs, aquatic mammals or their eggs or spawn, fry, fingerling, spat or young, but does not include any species of otters, turtles or their eggs;
fishing
Defined · s 2“fishing” means — (a) the catching, taking or killing of fish by any method; (b) the attempted catching, taking or killing of fish; (c) engaging in any activity which can reasonably be expected to result in the catching, taking or killing of fish; or (d) any operation in support of or in preparation for, any activity described in paragraph (a), (b) or (c), but does not include sportsfishing;
fishing appliance
Defined · s 2“fishing appliance” includes a fishing net, fishing trap, fishing stakes and any gear, with or without floats, buoys or sinkers, designed for capturing fish and includes any such gear of hook-and-line type;
marine park
Defined · s 2“marine park” means any area established as a marine park under section 26(1)(b);
marine reserve
Defined · s 2“marine reserve” means any area established as a marine reserve under section 26(1)(a);
vessel
Defined · s 2“vessel” means any boat, ship or other water-going craft and includes a hovercraft.
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