Document ID: chunk:federal_register_of_legislation:F2017C00604:clause:3_11
Version: federal_register_of_legislation:F2017C00604
Segment Type: clause
Provision Reference: sch 3 cl 11
Character Range: 146047–147545

11  Conservation and Management Measure to Prohibit the Use of Large Scale Driftnets on the High Seas in the Convention Area
11.1  Unless subclause 11.2 applies, a person using a boat to fish in the Convention Area must not:
 (a) use large‑scale driftnets on the high seas within the Convention Area; or
 (b) configure large‑scale driftnets for use on the high seas within the Convention Area; or
 (c) possess large‑scale driftnets on the high seas within the Convention Area.
11.2  Subclause 11.1 does not apply if the person using the boat can demonstrate that:
 (a) the boat is duly authorised to use large‑scale driftnets in waters under national jurisdiction; and
 (b) while the boat is on the high seas in the Convention Area:
 (i) each large‑scale driftnet; and
 (ii) any fishing equipment related to large‑scale driftnets;
  is stowed or secured in such a manner that each large‑scale driftnet or any related fishing equipment is not readily available to be used for fishing.
11.3  In this clause:
large‑scale driftnets means gillnets, other nets, or a combination of nets that:
 (a) are more than 2.5 kilometres in length; and
 (b) have any of the following purposes:
 (i) to enmesh fish;
 (ii) to entrap fish;
 (iii) to entangle fish;
by drifting on the surface of the water or in the water column.
configure means to have on board a boat fishing gear, either assembled or unassembled, that collectively would enable a person using the boat to deploy and retrieve large‑scale driftnets.