4Meaning of transiting directly – commercial fishing

4 Meaning of transiting directly – commercial fishing

(1)  For the purposes of these rules, a vessel being used for a fishing trip under these rules is transiting directly if the vessel –

(a) is travelling to, or from, the fishing zone specified in the pre-fishing report for the trip (the relevant fishing zone) by the most practical and direct route; and

(b) while not at anchor, is travelling at a speed of at least 3 knots on the route referred to in paragraph (a) .

(2)  For the purposes of these rules, a vessel is not transiting directly to, or from, a relevant fishing zone if fishing for rock lobster, including the setting or retrieving of pots, occurs outside the relevant fishing zone.

(3)  Despite subrule (1) , a vessel on a fishing trip is still transiting directly if the vessel deviates from the direct route, for the trip under that subrule, for one or more of the following reasons:

(a) to assist a person, or vessel, in danger or distress, whether or not that assistance was requested;

(b) to avoid a serious danger to the vessel or its crew that is on or near, or is anticipated to be on or near, the direct route for the vessel;

(c) to prevent serious damage to the vessel, or injury or loss of life of its crew;

(d) due to a failure, malfunction or defect of the vessel that prevents the vessel from taking the direct route;

(e) to anchor the vessel for a purpose other than fishing for rock lobster.