**COPY: ARMA - Quick Reference (Section 138 and 139)

Copy Noted March 2020

ARMA (Aquaculture Resources Management Act)

138. Impeding lawful fishing activities

(1) A person who, without reasonable excuse, impedes a lawful fishing activity commits an offence.

Penalty: a fine of $10 000.


(2) For the purposes of subsection (1), a person impedes a lawful fishing activity if the person does one or more of the following —

(a) prevents a person from lawfully undertaking fishing or aquaculture;

(b) hinders a person who is lawfully undertaking fishing or aquaculture;

(c) places or leaves anything that obstructs the use of fishing nets in an area or waters that is or are used regularly or intermittently for net fishing.

(3) If a court convicts a person of an offence against subsection (1), the court may, in addition to any penalty imposed under that subsection, order the person to pay compensation for any damage or loss caused by the offence to any person.


139. Interfering with fishing or aquaculture gear

(1) A person who, without reasonable excuse, interferes with fishing or aquaculture gear commits an offence.

Penalty: a fine of $60 000 and imprisonment for 9 months.


(2) For the purposes of subsection (1), a person interferes with fishing or aquaculture gear if the person does one or more of the following —

(a) removes aquatic organisms from fishing or aquaculture gear;

(b) interferes with the operation of fishing or aquaculture gear;

(c) removes fishing or aquaculture gear from a place where it is being used;

(d) appropriates fishing or aquaculture gear for the person’s own use;

(e) damages or otherwise modifies fishing or aquaculture gear.

**Copy provided by DPIRD February 2020 for reference purposes only.


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