72Dumping of fish prohibited

1. A commercial fisher must not return to or abandon in the sea or any other waters any fish or other animal that is aquatic life that is subject to the quota management system, except as provided in subsection (2) or (3).

2. A commercial fisher who takes any fish or other animal that is aquatic life subject to the quota management system must, if required by an instrument made under section 72A(2)(c),—

3. immediately return it to, or abandon it in, the sea or waters from which it was taken; and
4. comply with the conditions and requirements (if any) specified in that instrument.

5. A commercial fisher who takes any fish or other animal that is aquatic life subject to the quota management system may return it to, or abandon it in, the sea or waters from which it was taken if—

6. the return is permitted by an instrument made under section 72A(2)(a) or (b); and
7. they comply with the conditions and requirements (if any) specified in that instrument.

8. Every person commits an offence and is liable to the applicable penalty imposed by section 252(3A), (5)(ba), or (5A) if the person,—

9. in contravention of subsection (1), in respect of fish or another animal that is aquatic life not listed in an instrument made under section 72A(2)(c), returns or abandons—
   1. 50 or fewer fish or other animals that are aquatic life in any 24-hour period; or
   2. more than 50 fish or other animals that are aquatic life in any 24-hour period; or
10. in contravention of subsection (2)(a), fails to return or abandon—
    1. 50 or fewer fish or other animals that are aquatic life in any 24-hour period; or
    2. more than 50 fish or other animals that are aquatic life in any 24-hour period; or
11. in contravention of subsection (2)(b), fails to comply with conditions or requirements in respect of the return or abandonment of—
    1. 50 or fewer fish or other animals that are aquatic life in any 24-hour period; or
    2. more than 50 fish or other animals that are aquatic life in any 24-hour period; or
12. in contravention of subsection (3)(b), fails to comply with conditions or requirements in respect of the return or abandonment of—
    1. 50 or fewer fish or other animals that are aquatic life in any 24-hour period; or
    2. more than 50 fish or other animals that are aquatic life in any 24-hour period.

13. Without limiting the application of section 241, it is a defence to any offence under subsection (4) if—

14. the return was a return of parts of fish, aquatic life, or seaweed lawfully processed on a vessel; or
15. the fish, aquatic life, or seaweed was returned or abandoned to ensure the safety of the vessel or any crew member; or
16. the commercial fisher believed on reasonable grounds that the return or abandonment of the fish or other animal that is aquatic life was necessary to ensure the safety of—
    1. a marine mammal (as defined in section 2(1) of the Marine Mammals Protection Act 1978); or
    2. fish of the species of Chordata listed in Schedule 7A of the Wildlife Act 1953 as Chondrichthyes (cartilaginous fishes); or
    3. any other protected species specified by the Minister in an instrument made under this paragraph.
17. the following provisions were complied with, namely,—
    1. a fishery officer or observer was present when the fish, aquatic life, or seaweed was taken; and
    2. the fishery officer or observer authorised the return or abandonment of the fish, aquatic life, or seaweed; and
    3. the commercial fisher returned or abandoned the fish, aquatic life, or seaweed under the supervision of the fishery officer or observer, and complied with any directions of the fishery officer or observer; and
    4. the amount of fish, aquatic life, or seaweed was included in the returns for the appropriate period that are required to be made by the commercial fisher under this Act.

18. Any fish, aquatic life, or seaweed returned or abandoned in accordance with subsection (5)(c) shall be included in the commercial fisher's reported catch for the purposes of section 76.

19. In proceedings for an offence relating to a contravention of subsection (4),—

20. the prosecutor need not assert in the charging document that the exceptions set out in subsection (2) or (3) or the defence in subsection (5)(ba) do not apply; and
21. the burden of proving that any of the exceptions set out in subsection (2) or (3) or the defence in subsection (5)(ba) applies lies on the defendant.

22. An instrument made under subsection (5)(ba)(iii) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).