5Meaning of travelling directly – non-commercial fishing

5 Meaning of travelling directly – non-commercial fishing

(1)  For the purposes of these rules, a vessel being used for a non-commercial fishing trip under these rules is travelling directly if the vessel is travelling to or from a fishing zone, or to or from an open area, by the most practical and direct route.

(2)  Despite subrule (1) , a vessel on a non-commercial fishing trip is still travelling 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.