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(1) Subject to subsection (3), a person shall not fish for marine mammals in the fishery waters.

(2) A marine mammal caught accidentally shall be released immediately and returned to the waters from which it was taken with the least possible injury.

(3) The Director with the approval of the Council may give a written authorisation to fish for marine mammals in a limited manner.

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

(a) $50,000 and not more than $1 million in respect of a local industrial or semi-industrial vessel or a foreign fishing vessel, or

(b) five hundred penalty units in any other case.