40. A holder of a fishing pond licence may not keep fish in captivity for purposes other than recreational fishing.
Despite the first paragraph, if there is an exceptional surplus of fish at the time the pond is closed for winter or within 15 days preceding the expiry of the licence, the holder of a permanent fishing pond licence may, after informing the Minister in writing, sell the remaining fish either live or dead. The holder of a temporary or mobile fishing pond licence may, on ceasing activities, sell or give the live remaining fish to the holder of an aquaculture licence or a permanent fishing pond licence.