Document ID: chunk:federal_register_of_legislation:C2004A00815:clause:1_38ca
Version: federal_register_of_legislation:C2004A00815
Segment Type: clause
Provision Reference: sch 1 cl 38CA
Character Range: 3804–5278

38CA  Zones to be used only for permitted fishing

 (1) A person is guilty of an offence if:
 (a) the person intentionally or negligently uses or enters a zone for the purpose of fishing; and
 (b) that fishing is not permitted under the zoning plan that relates to the zone.

Penalty: 2,000 penalty units.

 (2) In this section:

boat means launch, vessel or floating craft of any description.

fish includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.

fishing means any of the following:
 (a) searching for, or taking, fish;
 (b) attempting to search for, or take, fish;
 (c) engaging in any other activities that can reasonably be expected to result in the locating, or taking, of fish;
 (d) placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons;
 (e) any operations at sea directly in support of, or in preparation for, any activity described in this definition;
 (f) aircraft use relating to any activity described in this definition except flights in emergencies involving the health or safety of crew members or the safety of a boat;
 (g) the processing, carrying or transhipping of fish that have been taken.

processing, in relation to fish, includes the work of cutting up, dismembering, cleaning, sorting, packing or freezing.

take, in relation to fish, means catch, capture, take or harvest.