73CDories in non‑fishing areas

#### 73C Dories in non‑fishing areas (1) The master of a primary commercial fishing vessel in association with which a dory is licensed or used commits an offence if the master does not have the dory under tow by, or otherwise attached to, the primary vessel when the dory is in a non‑fishing area of the Marine Park. Penalty: 50 penalty units. (2) A person who holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish commits an offence if a dory that is licensed or used in association with the primary vessel is not under tow by, or otherwise attached to, the primary vessel when the dory is in a non‑fishing area of the Marine Park. Penalty: 50 penalty units. (3) A person commits an offence if: (a) the person is in, or on, a dory that is in a non‑fishing area of the Marine Park; and (b) the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel in association with which the dory is licensed or used. Penalty: 50 penalty units. (4) An offence against subregulation (1), (2) or (3) is an offence of strict liability. > Note: For defences to a prosecution under subregulation (1), (2) or (3), see regulation 73D. (5) In this regulation: > non‑fishing area of the Marine Park means: (a) a zone described in the Zoning Plan as: (i) the Marine National Park Zone; or (ii) the Scientific Research Zone; or (iii) the Preservation Zone; or (b) any other area of the Marine Park where the taking of fish is not permitted. > take, in relation to fish, includes: (a) catch, capture, gather or obtain fish by any means; or (b) engage in conduct, or an operation, that results in the death of fish.