Document ID: chunk:federal_register_of_legislation:F2018L00322:front:0:p31
Version: federal_register_of_legislation:F2018L00322
Segment Type: other
Provision Reference: 
Character Range: 90548–93522

(Ia).
Note: Anchoring by commercial fishing vessels is allowed except in the National Park Zone (II) or the Sanctuary Zone (Ia). Anchoring in the National Park Zone (II) is prohibited except in anchoring areas determined under r.12.56 of the EPBC Regulations. These requirements do not prevent stopping and anchoring due to circumstances of force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.
Prescriptions

Commercial fishing activities may be conducted in the North-west Network in accordance with and subject to:
 1. a class approval issued under Section 4.4.2 (Class approvals); or
 2. an activity licence issued under Section 4.4.3 (Activity licences and leases) to a person who is not covered by a class approval; and
 3. the following prescriptions in this Section;
 4. the prescriptions in Section 4.2.1 (General use, access, and waste management); and
 5. any determinations made under r.12.34 of the EPBC Regulations.

Commercial fishing activities may be conducted in a:
 1. Special Purpose Zone (Trawl) (VI);
 2. Multiple Use Zone (VI); or
 3. Habitat Protection Zone (IV).

Subject to Section 4.2.3.5 the following fishing gear must not be used:
 1. Longline (demersal, auto-longline);
 2. Net (demersal, pelagic);
 3. Trawl (demersal, midwater) except in the Special Purpose Zone (Trawl) (VI); or
 4. Trotline.

Traps and pots must not be used in a Habitat Protection Zone (IV).

Subject to satisfactory assessment under Section 4.3.1 (Decision-making), expert advice, and consultation with fisheries management agencies and the commercial fishing industry, the Director may authorise the use of:
 1. any fishing gear specified in Section 4.2.3.3 in a Special Purpose Zone (Trawl) (VI) or Multiple Use Zone (VI); and
 2. pelagic fishing gear specified in Section 4.2.3.3 in a Habitat Protection Zone (IV).

Fishing gear or methods not specified in a commercial fishing class approval or activity licence, or its conditions, must not be used.
Note: A class approval or activity licence may be varied under Section 4.4 (Authorisation of allowable activities) to specify additional fishing methods and gear types following satisfactory assessment in accordance with Section 4.3.1 (Decision-making).

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.

Commercial fishing vessels may transit through the North-west Network, except through a Sanctuary Zone (Ia), subject to compliance with the prescriptions in Section 4.2.1 (General use, access, and waste 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)