After rule 137 of the Principal Rules, the following Division is inserted:

Division 2A - Mussel spat collection fishery

137A.     Taking and possessing mussel spat

(1)  A person must not set mussel spat collectors in State waters or take or have possession of mussel spat unless –

(a) the mussel spat is taken for the purposes of mussel farming; and

(b) that person is the holder of a fishing licence (mussel spat collection); and

(c) that person has the written approval of the Secretary to set mussel spat collectors in a specified area of State waters for that purpose.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply if –

(a) the mussel spat collectors are set within the area of a marine farm lease; and

(b) the marine farming licence relating to that area authorises the farming of mussels.

137B.   Authority of fishing licence (mussel spat collection)

A fishing licence (mussel spat collection) only authorises the holder to –

(a) set mussel spat collectors in State waters; and

(b) take and have possession of mussel spat.

137C.   Selling and buying mussel spat

(1)  A person must not sell or give mussel spat to a person who is not the holder of a marine farming licence in respect of mussel farming.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not buy, take or receive mussel spat from a person who is not –

(a) the holder of a marine farming licence in respect of mussel farming; or

(b) the holder of a fishing licence (mussel spat collection).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.