Document ID: chunk:federal_register_of_legislation:F2025L00071:body:0:p28
Version: federal_register_of_legislation:F2025L00071
Segment Type: other
Provision Reference: 
Character Range: 93200–96378

With the exception of Section 4.3.8 (Mining), persons conducting an activity in accordance with this plan under Sections 4.3.3 to 4.3.14 may anchor in the yellow Habitat Protection Zone (Cocos (Keeling) Islands). Other commercial ships may anchor only in areas determined as anchoring areas by a determination made by the Director under regulation 12.56 of the EPBC Regulations.
Note: This section does not prevent anchoring in any area of Cocos (Keeling) Islands Marine Park due to circumstances of distress or other unforeseen circumstances beyond the vessel's control or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.

    4.3.3     Commercial fishing
The prescriptions in this section set out the requirements for commercial fishing activities in Cocos (Keeling) Islands Marine Park, including the types of fishing gear and methods allowed. These are summarised in Table 4.1.
A key requirement is that commercial fishing in Cocos (Keeling) Islands Marine Park must be in accordance with a commercial fishing concession from the relevant fisheries management authority. The Director will prepare a class approval to facilitate the continuation of existing (at the time this plan is made) commercial fishing operations in the yellow Habitat Protection Zone (Cocos (Keeling) Islands).
Research in connection with commercial fishing activities will be managed in accordance with Section 4.3.10 (Research, monitoring and restoration).

Prescriptions
        1.                Commercial fishing is not allowed in the green National Park Zones.
        2.                Commercial fishing activities may be conducted in the yellow Habitat Protection Zone (Cocos (Keeling) Islands) in accordance with and subject to any determinations made by the Director under regulation 12.34 of the EPBC Regulations, and:
          1.       a permit issued under Section 4.5.1 (Permits); or
          2.       a class approval issued under Section 4.5.2 (Class approvals); or
          3.       an activity licence issued under Section 4.5.3 (Activity licences and leases) to a person who is not covered by a class approval.
        3.                Commercial fishing activities must be conducted in accordance with a commercial fishing concession issued under Commonwealth, state or territory fisheries laws to the extent those laws are capable of operating concurrently with this plan.
        4.                The Director requires the views of the community advisory committee to be considered by the responsible fisheries management authority before any significant new commercial fishing activities (for example, fishing with the methods of purse seine, pelagic longline or mid‑water trawl) can occur in Cocos (Keeling) Islands Marine Park.
        5.                The following fishing gear must not be used in Cocos (Keeling) Islands Marine Park, and, if carried onboard a commercial fishing vessel, must be kept stowed and secured at all times while in Cocos (Keeling) Islands Marine Park:
          1.       longline (demersal, auto-longline);
          2.       net (demersal), noting that this does not include menjala (set nets);