Part 5BFreshwater fisheries
Spawning fish
26ZJOffences relating to spawning fish
Every person commits an offence who—
- contravenes section 26ZJA(3):
- without authorisation, disturbs or injures the eggs or larvae of any freshwater fish:
- without authorisation, takes or has possession of the eggs or larvae of any freshwater fish:
- disturbs any sports fish that are congregating or have congregated to spawn:
- with any spear, gaff, speargun, net, trap, or similar device takes any sports fish from any river or stream where sports fish are congregating or have congregated for spawning:
- while in the vicinity of any river or stream where sports fish are congregating or have congregated for spawning, has possession or control of any spear, gaff, speargun, trap, or similar device or material suitable for the taking of any sports fish, in circumstances likely to result in the taking of sports fish.
Subsection (1)(a) to (c) does not apply to the taking of freshwater fish subsequently found to contain eggs or larvae.
Subsection (1)(d) to (f) does not apply to actions taken by a fish and game ranger.
In this section, authorisation means an authorisation given under section 26ZJA(4) or (5).
Notes
- Section 26ZJ: replaced, on , by section 9 of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).