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(1) Any submerged stationary fishing gear or surface drifting gear shall bear conspicuous surface marks using brightly colored buoys, flags or floating poles and night lighted markers all of which must be visible in clear weather at a distance of at least one nautical mile; but in the case of nets, the markers shall be placed at intervals of twenty-five metres along the full length of the net.

(2) A person who C9ntravenes subsection (1) commits an offence and is liable on summary conviction to a tine of

(a) not more than two hundred and fifty penalty units in respect of an artisanal fishing activity, or

(b) not less than $1,000 and not more than $10,000 in respect of any other fishing vessel.