Fisheries (Commercial Fisheries) Regulation 2019
sec.78Exception—moving boat to test fishing apparatus
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sec.78 Exception—moving boat to test fishing apparatus
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, a journey for the sole purpose of testing the operation of fishing apparatus; the destination for the journey is no more than 1n mile from where the journey started; the holder of the licence or person in control of the boat gave, at least 24 hours before the journey, the chief executive notice of the following about the journey— 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; the reason for the journey; the journey complies, or substantially complies, with the journey stated in the notice; during the whole of the journey— no fish are taken by the use of a trawl net in the fishery area of the east coast trawl fishery; and the cod ends of each trawl net on or attached to the boat are open; and section 80 of the Act is complied with for the boat. (sec.78-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.78-ssec.2) For subsection (1) (b) , the conditions are as follows— the movement is, or is part of, a journey for the sole purpose of testing the operation of fishing apparatus; the destination for the journey is no more than 1n mile from where the journey started; the holder of the licence or person in control of the boat gave, at least 24 hours before the journey, the chief executive notice of the following about the journey— 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; the reason for the journey; the journey complies, or substantially complies, with the journey stated in the notice; during the whole of the journey— no fish are taken by the use of a trawl net in the fishery area of the east coast trawl fishery; and the cod ends of each trawl net on or attached to the boat are open; and section 80 of the Act is complied with for the boat.
- (a) the boat is detected by vessel tracking equipment or manually reported as having moved during the relevant day; and
- (b) the conditions mentioned in subsection (2) have been complied with.
- (a) the movement is, or is part of, a journey for the sole purpose of testing the operation of fishing apparatus;
- (b) the destination for the journey is no more than 1n mile from where the journey started;
- (c) the holder of the licence or person in control of the boat gave, at least 24 hours before the journey, the chief executive notice of the following about the journey— (i) the date and time the journey will start; (ii) the place the journey will start; (iii) the proposed destination; (iv) the estimated date and time of arrival at the destination; (v) the reason for the journey;