Document ID: chunk:federal_register_of_legislation:F2017C00604:clause:2_12
Version: federal_register_of_legislation:F2017C00604
Segment Type: clause
Provision Reference: sch 2 cl 12
Character Range: 120001–122279

12  To prohibit the use of large‑scale driftnets on the high seas in the IOTC Area
12.1  Unless subclause 12.5 applies, a person using a boat in the IOTC Area for fishing for tuna and tuna‑like species must comply with subclauses 12.2, 12.3 and 12.4.
12.2  The person must not have on board the boat a gillnet that:
 (a) is more than 2.5 kilometres in length; and
 (b) has any of the following purposes:
 (i) to enmesh fish by drifting on the surface of the water column;
 (ii) to enmesh fish by drifting in the water column;
 (iii) to entrap fish by drifting on the surface of the water column;
 (iv) to entrap fish by drifting in the water column;
 (v) to entangle fish by drifting on the surface of the water column;
 (vi) to entangle fish by drifting in the water column.
12.3  The person must not have on board the boat a net other than a gillnet that:
 (a) is more than 2.5 kilometres in length; and
 (b) has any of the following purposes:
 (i) to enmesh fish by drifting on the surface of the water column;
 (ii) to enmesh fish by drifting in the water column;
 (iii) to entrap fish by drifting on the surface of the water column;
 (iv) to entrap fish by drifting in the water column;
 (v) to entangle fish by drifting on the surface of the water column;
 (vi) to entangle fish by drifting in the water column.
12.4  The person must not have on board the boat a combination of nets that:
 (a) is more than 2.5 kilometres in length; and
 (b) has any of the following purposes:
 (i) to enmesh fish by drifting on the surface of the water column;
 (ii) to enmesh fish by drifting in the water column;
 (iii) to entrap fish by drifting on the surface of the water column;
 (iv) to entrap fish by drifting in the water column;
 (v) to entangle fish by drifting on the surface of the water column;
 (vi) to entangle fish by drifting in the water column.
12.5  If the boat is authorised to use large‑scale driftnets in the economic exclusive zone of the Flag State of the boat, the person using the boat must ensure that, if any net of a type mentioned in subclause 12.2, 12.3 or 12.4 is on board the boat, the net is:
 (a) stowed so that the net is not readily available to be used for fishing; or
 (b) secured so that the net is not readily available to be used for fishing.