Fisheries (Commercial Fisheries) Regulation 2019
sec.77Exception—moving boat without fishing
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sec.77 Exception—moving boat without fishing
It is an exception if— the boat is detected by vessel tracking equipment or manually reported as having moved during the relevant day; and the conditions mentioned in subsection (2) have been complied with. For subsection (1) (b) , the conditions are as follows— the movement is, or is part of, any of the following journeys— from a defined port area to another defined port area; from a defined port area to a place outside the fishery area of the east coast trawl fishery; from a place outside the fishery area of the east coast trawl fishery to a defined port area; from a place outside the fishery area of the east coast trawl fishery to another place outside the fishery area of the east coast trawl fishery; the holder of the licence or person in control of the boat gave the chief executive notice of the following about the journey before it started— the date and time the journey will start; the place the journey will start; the proposed destination; the estimated date and time of arrival at the destination; if the movement involves entering or leaving the fishery area of the east coast trawl fishery—each entry or leaving; the reason for the journey; if any fish taken outside the fishery area of the east coast trawl fishery are on board the boat—the holder of the licence or person in control of the boat gave the chief executive notice of the number or weight of each species of permitted fish before the fish were brought into the area; the journey complies, or substantially complies, with the journey stated in the notice; during the whole of the journey— no fish taken by the use of a trawl net in the fishery area of the east coast trawl fishery are on board the boat; and section 80 of the Act is complied with for the boat; and all trawl nets on board the boat are stored inboard the boat and are not suspended from a mast or boom. Subsection (2) (e) (iii) does not apply if the journey is from a defined port area to the nearest northerly or southerly defined port area. Also— the holder of the licence or person in control may, during the journey, by notice to the chief executive ( amendment notice ), amend a detail given under subsection (2) (b) (iii) , (iv) or (v) ; and from the giving of the amendment notice, the condition mentioned in subsection (2) (d) is complied with if the rest of the journey complies, or substantially complies, with the notice given under subsection (2) (b) , as amended under the amendment notice. In this section— permitted fish see schedule 2 , section 4 . (sec.77-ssec.1) It is an exception if— the boat is detected by vessel tracking equipment or manually reported as having moved during the relevant day; and the conditions mentioned in subsection (2) have been complied with. (sec.77-ssec.2) For subsection (1) (b) , the conditions are as follows— the movement is, or is part of, any of the following journeys— from a defined port area to another defined port area; from a defined port area to a place outside the fishery area of the east coast trawl fishery; from a place outside the fishery area of the east coast trawl fishery to a defined port area; from a place outside the fishery area of the east coast trawl fishery to another place outside the fishery area of the east coast trawl fishery; the holder of the licence or person in control of the boat gave the chief executive notice of the following about the journey before it started— the date and time the journey will start; the place the journey will start; the proposed destination; the estimated date and time of arrival at the destination; if the movement involves entering or leaving the fishery area of the east coast trawl fishery—each entry or leaving; the reason for the journey; if any fish taken outside the fishery area of the east coast trawl fishery are on board the boat—the holder of the licence or person in control of the boat gave the chief executive notice of the number or weight of each species of permitted fish before the fish were brought into the area; the journey complies, or substantially complies, with the journey stated in the notice; during the whole of the journey— no fish taken by the use of a trawl net in the fishery area of the east coast trawl fishery are on board the boat; and section 80 of the Act is complied with for the boat; and all trawl nets on board the boat are stored inboard the boat and are not suspended from a mast or boom. (sec.77-ssec.3) Subsection (2) (e) (iii) does not apply if the journey is from a defined port area to the nearest northerly or southerly defined port area. (sec.77-ssec.4) Also— the holder of the licence or person in control may, during the journey, by notice to the chief executive ( amendment notice ), amend a detail given under subsection (2) (b) (iii) , (iv) or (v) ; and from the giving of the amendment notice, the condition mentioned in subsection (2) (d) is complied with if the rest of the journey complies, or substantially complies, with the notice given under subsection (2) (b) , as amended under the amendment notice. (sec.77-ssec.5) In this section— permitted fish see schedule 2 , section 4 .