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Fisheries Act 1996

Miscellaneous provisions - Provisions relating to notices

312: Prohibition on taking southern scallops for sale outside scallop season

You could also call this:

"No selling southern scallops outside of scallop season."

Illustration for Fisheries Act 1996

You cannot take southern scallops to sell when it is not scallop season. You also cannot take scallops to sell from areas outside the southern scallop fishery. The Minister can decide when the scallop season starts and ends, and can change the season while it is happening. If you break these rules, you can get in trouble and have to pay a penalty, which is explained in section 252(5). The Minister's decisions about the scallop season are published according to the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM399965.

Topics:
Environment and resources > Farming and fishing
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Part 16Miscellaneous provisions
Provisions relating to notices

312Prohibition on taking southern scallops for sale outside scallop season

  1. No person shall take any scallops from the southern scallop fishery, for the purpose of sale, except during the southern scallop season.

  2. No person shall take any scallops, for the purpose of sale, from any part of fishery management area 7 that is outside the southern scallop fishery.

  3. For the purposes of this Part, the Minister may from time to time, by notice,—

  4. specify any southern scallop season before the season commences:
    1. vary any southern scallop season while it is current.

      1. Every person commits an offence and is liable to the penalty set out in section 252(5) who contravenes subsection (1) or subsection (2).

      2. A notice under subsection (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

      Notes
      • Section 312(3): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section 312(4): added, on , by section 25 of the Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).
      • Section 312(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).