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(1) Except otherwise provided in this Act, a person shall not, without a permission in writing from the Commission, possess or control fishing gear which is prohibited for use in the fishery waters, unless the gear is located at least two kilometres inland from a shoreline.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not less than

(a) $5,000 and not more than $500,000 in respect of a local industrial or semi industrial vessel or a foreign fishing vessel, or

(b) fifty penalty units and not more than five hundred penalty units in any other case.