241   Engaging in commercial fishing activities

(1)  In this Part, commercial fishing activities means fishing activities for commercial purposes.

(2)  For the purposes of this Part, a person is presumed to be engaged in commercial fishing activities (unless the person proves the contrary):

(a)  if the person is in any waters on a licensed fishing boat, or

(b)  if the person is in possession of a quantity of fish in any particular circumstances that exceed the quantity of fish that a person who is not a commercial fisher is entitled to be in possession of in similar circumstances, or

(c)  if the person is in possession in any particular circumstances of fishing gear or other equipment (or any quantity of fishing gear or other equipment) that can be lawfully used only by a commercial fisher in any circumstances or in similar circumstances, or

(c1)  if the person is in possession in any particular circumstances of fishing gear or other equipment that cannot be lawfully used by either a commercial fisher or recreational fisher (in any circumstances or in the particular circumstances) and the fishing gear or other equipment is reasonably capable of being used in those circumstances to take a quantity of fish that exceeds the quantity of fish that a recreational fisher is entitled to take in the waters concerned, or

(d)  in any other case provided by the regulations.