Document ID: chunk:federal_register_of_legislation:F2018L00322:front:0:p32
Version: federal_register_of_legislation:F2018L00322
Segment Type: other
Provision Reference: 
Character Range: 93272–96482

management) and Section 4.2.3.9.

Commercial fishing vessels may stop and anchor in a:
 1. Special Purpose Zone (Trawl) (VI);
 2. Multiple Use Zone (VI);
 3. Habitat Protection Zone (IV);
 4. Recreational Use Zone (IV); or
 5. National Park Zone (II) in anchoring areas determined under r.12.56 of the EPBC Regulations in accordance with Section 4.2.1.1.
Note: This Section does not prevent stopping and anchoring in an IUCN category (Ia) zone or outside a determined anchoring area in an IUCN category (II) zone due to circumstances of force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.

Fishing gear must be kept stowed and secured at all times during transit through, or while stopping and anchoring in, a zone in which fishing activities are not authorised.

Fishing gear that is:
 1. specified in Sections 4.2.3.3 and 4.2.3.4;
 2. not specified in a class approval or activity licence as gear that may be used; or
 3. prohibited by a determination under r.12.34 of the EPBC Regulations,
must be kept stowed and secured at all times during transit through, or while stopping and anchoring in, zones in which that gear is not allowed.

Following consultation with the relevant fisheries management agencies and the commercial fishing industry, the Director may require all commercial fishing vessels transiting or conducting fishing activities in the North-west Network to carry an operating vessel identification and monitoring system.
Note: At the commencement of this plan vessel identification and monitoring systems were required on all vessels operating in Commonwealth managed fisheries. The conditions of a class approval or activity licence issued under Section 4.4 (Authorisation of allowable activities) may require the use of vessel identification and monitoring systems on all commercial fishing vessels operating in the North-west Network.

The Director may make determinations under r.12.34 of the EPBC Regulations relating to the conduct of commercial fishing.

Commercial pearling
The prescriptions in this Section set out the rules for commercial pearling in the North-west Network. These are summarised in Table 4.5.
Commercial pearling is managed under Western Australian laws relating to those activities (Pearling Act 1990). These laws apply to the extent that they can operate consistently with the EPBC Act and EPBC Regulations and this plan.
Research in connection with commercial pearling will be managed in accordance with Section 4.2.11 (Research and monitoring).
Table 4.5 Summary of prescriptions for commercial pearling activities in the North-west Network
COMMERCIAL PEARLING  Special Purpose Zone (Trawl)  Multiple Use Zone  Habitat          Recreational Use Zone  National Park Zone  Sanctuary Zone
Activity             VI                            VI                 Protection Zone  IV                     II                  Ia
                                                                      IV
Pearling             A                             A                  A                x                      x                   x

x Activity is not allowed.
A Authorisation required. Activity is