Marine Mammals Protection Act 1978 No 80 (as at 03 September 2007), Public Act

Act by section

9 Offence to take marine mammal without permit
  • (1) Every person commits an offence and is liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding $250,000, and to a further fine not exceeding $10,000 for every marine mammal in respect of which the offence was committed, who takes, has in possession, exports, imports, has on board any vessel, vehicle, aircraft, or hovercraft, or has control of any marine mammal, otherwise than under this Act or a permit.

    (2) Upon the conviction of any person for an offence against subsection (1) of this section, any marine mammal unlawfully taken, in possession, under the control of any person, or on board any vessel, vehicle, aircraft, or hovercraft, and all vessels, vehicles, aircraft, hovercraft, gear, nets, tackle, equipment, and apparatus used in respect of the commission of the offence shall be forfeit to the Crown, and shall be disposed of as the Minister thinks fit.

    The words District Court Judge have been substituted, as from 1 April 1980, for the word Magistrate pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).

    Subsection (1) was substituted, as from 1 October 1996, by section 316(1) Fisheries Act 1988 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).