17Meanings of utilisation activity and utilised marine genetic resources

17  Meanings of utilisation activity and utilised marine genetic resources

 (1) A utilisation activity is an activity constituting the utilisation of:

 (a) one or more marine genetic resources collected in an area beyond national jurisdiction; or

 (b) digital sequence information of one or more marine genetic resources collected in an area beyond national jurisdiction.

 (2) The marine genetic resources covered by paragraph (1)(a) or (b) (as the case requires) are the utilised marine genetic resources in relation to the activity.

 (3) However, an activity is not a utilisation activity if:

 (a) the activity is a regulated fishing activity; or

 (b) all of the following apply:

 (i) the activity constitutes the utilisation of one or more marine genetic resources, or digital sequence information of one or more marine genetic resources;

 (ii) each of those marine genetic resources was collected during a regulated fishing activity;

 (iii) the activity is carried out for the purposes of a regulated fishing activity.