It is a defence in proceedings for an offence under this Division in respect of a person taking, or possessing, more than the maximum number of rock lobster specified in this Division for a fishing region if –

(a) the person is one of two or more non-commercial fishers on a non-commercial fishing trip for rock lobster on a vessel; and

(b) the person and one or more other persons use a rock lobster pot on the non-commercial fishing trip to catch rock lobster; and

(c) when set, each rock lobster pot used on the non-commercial fishing trip is set no further than 250 metres from each other rock lobster pot set on the trip; and

(d) while on the non-commercial fishing trip, the person only gives rock lobster taken on the trip if the rock lobster –

(i) was caught in the person's rock lobster pot during the trip; and

(ii) is given to another person referred to in paragraph (b) in respect of the trip; and

(e) each rock lobster taken on the non-commercial fishing trip is marked under these rules by a person referred to in paragraph (b) ; and

(f) after the rock lobster is so marked, each person referred to in paragraph (b) does not have more than the bag limit, as specified in Schedule 1 , for the fishing region where the non-commercial fishing trip occurs.