Document ID: chunk:federal_register_of_legislation:F2025L00100:front:0:p40
Version: federal_register_of_legislation:F2025L00100
Segment Type: other
Provision Reference: 
Character Range: 126399–129729

(Macquarie) (IV), and are subject to the prescriptions in this section (4.3.2).

       4.3.2.2               Commercial fishing activities (including fish processing and the towing of caught fish) may be carried out in the South-east Network under:

         a)      a permit issued under Section 4.5.2 (Permits)

         b)      a class approval issued under Section 4.5.3 (Class approvals)

         c)      an activity licence issued under Section 4.5.4 (Activity licences and leases) to a person who is not covered by a class approval.

       4.3.2.3               Without limiting prescription 4.3.2.2, all commercial fishing activities must also comply with:

         a)      the prescriptions in Section 4.3.1 (General use, access and waste management), where applicable,

         b)      any determinations made under regulation 12.34 of the EPBC Regulations, and

         c)      any commercial fishing concession issued under Commonwealth, state or territory fisheries laws to the extent those laws are capable of operating concurrently with this plan.

       4.3.2.4               All commercial fishing vessels are required to provide real-time location data when operating or transiting through an Australian Marine Park in accordance with the conditions of the relevant class approval.

       4.3.2.5               Where commercial fishing activities involve the below, the following prescriptions apply:

         a)      The following fishing gear must not be used anywhere in the network:

              i.            Danish seine

              ii.            net (pelagic)

              iii.            scallop dredging

              iv.            trawl (demersal).

         b)      Towing of caught fish and fish processing may be carried out in all zones except a Sanctuary Zone (IUCN Ia), in accordance with any conditions in an approval granted under Section 4.5.

         c)      Longline (demersal, auto-longline) and traps and pots may only be used in a Multiple Use Zone (VI) and Habitat Protection Zone (Macquarie) (IV).

         d)      Hand collection, hand net, longline (pelagic), minor line, purse seine and midwater trawl may only be used in a Multiple Use Zone (VI) and Habitat Protection Zone (IV).

         e)      dropline, net (demersal) and trotline may only be used in a Multiple Use
         Zone (VI).

       4.3.2.6               Fishing gear that is:

         a)      not allowed in the South-east Network (4.3.2.5(a)) or a certain zone within the South-east Network (4.3.2.5(c)(e))

         b)      not specified in a permit, class approval or activity licence as gear that may be used, or

         c)      prohibited by a determination under regulation 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.

4.3.3     Commercial aquaculture

This section (4.3.3) sets out the rules for commercial aquaculture in the South-east Network. These are summarised in Table 4.5.

Commercial aquaculture in the region is managed under Victorian, Tasmanian and South Australian laws. These laws apply to the extent that they can operate consistently with the
EPBC Act, the EPBC Regulations and this plan.

Commercial intensive aquaculture is