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s 15

Meaning of regulated fishing activity

In force
Part 2Marine genetic resources and digital sequence information
Division 1Preliminary
Subdivision BKey concepts relating to this Part

15 Meaning of regulated fishing activity

(1)

An activity is a regulated fishing activity if:

(a)

the activity is a fishing activity; and

(b)

an international agreement relating to fishing imposes obligations or confers rights in relation to the activity.

(2)

For the purposes of paragraph (1)(a), fishing activity means:

(a)

an activity that constitutes fishing; or

(b)

an activity carried out solely in support of, or in preparation for, fishing; or

(c)

any other activity prescribed by the rules to be a fishing activity.

Interpretation

(3)

In this section:

fish includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms.

fishing means:

(a)

searching for, or taking, fish; or

(b)

attempting to search for, or take, fish; or

(c)

engaging in any other activities that can reasonably be expected to result in the locating, or taking, of fish; or

(d)

placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons; or

(e)

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 launch, vessel or floating craft of any description); or

(f)

the processing, carrying or transhipping of fish that have been taken.

(4)

For the purposes of paragraph (d) of the definition of fishing in subsection (3), fish aggregating device means:

(a)

a man‑made structure that, when in, or brought into, physical contact with the seabed or when floating, is used solely for the purpose of attracting populations of fish so as to facilitate the taking of those fish; or

(b)

any electronic or other equipment designed or intended to be ancillary to, or associated with, such a structure while it is being used, or in order to facilitate the use of the structure, for that purpose;

but does not include a net, trap or other equipment for taking, catching or capturing fish.

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