Document ID: chunk:federal_register_of_legislation:F2018L00326:front:0:p31
Version: federal_register_of_legislation:F2018L00326
Segment Type: other
Provision Reference: 
Character Range: 92123–95094

Exclusion) (VI).

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), Special Purpose Zone (VI), Special Purpose Zone (Mining Exclusion) (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 South-west Network 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. Special Purpose Zone (VI);
 3. Special Purpose Zone (Mining Exclusion) (VI);
 4. Multiple Use Zone (VI);
 5. Habitat Protection Zone (IV); or
 6. 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 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 South-west Network to carry an operating vessel identification and monitoring system.
Note: At the commencement of this plan vessel identification and