Document ID: chunk:federal_register_of_legislation:F2018L00321:front:0:p32
Version: federal_register_of_legislation:F2018L00321
Segment Type: other
Provision Reference: 
Character Range: 94569–97993

authorised.

Fishing gear that is:
 1. specified in Sections 4.2.3.3 to 4.2.3.6;
 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 Temperate East Network to carry an operating vessel identification and monitoring system.
Note: At the commencement of this plan vessel identification and monitoring systems were required on all vessels operating in Commonwealth managed fisheries. The conditions of a class approval or activity licence issued under Section 4.4 (Authorisation of allowable activities) may require the use of vessel identification and monitoring systems on all commercial fishing vessels operating in the Temperate East Network.

The Director may make determinations under r.12.34 of the EPBC Regulations relating to the conduct of commercial fishing.

Commercial aquaculture
The prescriptions in this Section set out the rules for commercial aquaculture in the Temperate East Network. These are summarised in Table 4.5.
Commercial aquaculture is managed under Queensland or New South Wales laws. These laws apply to the extent that they can operate consistently with the EPBC Act and EPBC Regulations and this plan.
Research in connection with commercial aquaculture will be managed in accordance with Section 4.2.10 (Research and monitoring).
Table 4.5 Summary of prescriptions for commercial aquaculture activities in the Temperate East Network
                                 Special Purpose Zone (Trawl)  Special Purpose Zone (Norfolk)  Multiple Use Zone  Habitat          Habitat                      Recreational Use Zone  National Park Zone
COMMERCIAL AQUACULTURE Activity  VI                            VI                              VI                 Protection Zone  Protection Zone (Lord Howe)  IV                     II
                                                                                                                  IV               IV
Aquaculture                      A                             A                               A                  A                x                            x                      x

x Activity is not allowed.
A Authorisation required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.
Note: Transit and anchoring is allowed as part of activities authorised under this Section.
Note: Anchoring by commercial aquaculture vessels is allowed except in the National Park Zone (II). 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 aquaculture may be conducted in the Temperate East Network in accordance with and subject to:
 1. a class approval issued under Section