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Fisheries Act 1996

Miscellaneous provisions - Provisions relating to notices

313: Closure of southern scallop fishery

You could also call this:

"Rules to Close the Southern Scallop Fishery to Help it Survive"

Illustration for Fisheries Act 1996

The chief executive can close part of the southern scallop fishery to commercial fishing. This is to help the fishery or make sure scallops are harvested efficiently. You can find the penalty for taking scallops when it is closed in section 252(5). The chief executive does this by putting out a notice. The closure lasts for the rest of the scallop season. If you are a commercial fisher and you take scallops when it is closed, you commit an offence. A notice like this is called secondary legislation, which has its own publication requirements, as explained in Part 3 of the Legislation Act 2019.

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Part 16Miscellaneous provisions
Provisions relating to notices

313Closure of southern scallop fishery

  1. If the chief executive is satisfied that, for the purpose of enhancing the southern scallop fishery or ensuring that scallop stocks are harvested efficiently, any part or parts of the fishery ought to be closed to commercial fishing, he or she may from time to time, by notice, prohibit commercial fishers from taking scallops from such part or parts of the fishery as may be specified in the notice.

  2. Every prohibition under subsection (1) shall have effect for the remainder of the southern scallop season to which it applies.

  3. Every commercial fisher commits an offence and is liable to the penalty set out in section 252(5) who takes any scallop in contravention of a prohibition made under subsection (1).

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

Notes
  • Section 313(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
  • Section 313(3): added, on , by section 26 of the Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).
  • Section 313(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).