A person must not take scallops that are smaller than the minimum size from State waters unless –

(a) the person is the holder of a fishing licence (scallop spat collection) and takes only scallop spat; or

(b) the person is the holder of a fishing licence (scallop) and the scallops taken that are smaller than the minimum size constitute no more than 15% of the total amount of scallops taken by the person; or

(c) the person is complying with a marine farming licence authorising the marine farming of scallops.

Penalty:  Grade 3 penalty.