FISHERIES MANAGEMENT ACT 1991 - SECT 13 Driftnet fishing

FISHERIES MANAGEMENT ACT 1991 - SECT 13

  (1)   A person must not engage in driftnet fishing activities in the AFZ.

Penalty:   500 penalty units.

  (1A)   In subsection   (1), strict liability applies to the physical element of circumstance, that the relevant conduct is engaged in within the AFZ.

Note:   For strict liability, see section   6.1 of the Criminal Code .

  (2)   An Australian citizen must not engage in driftnet fishing activities outside the AFZ.

Penalty:   500 penalty units.

  (3)   A body corporate that is incorporated in Australia or carries on activities mainly in Australia must not engage in driftnet fishing activities outside the AFZ.

Penalty:   2,500 penalty units.

  (4)   A person must not, outside the AFZ, engage in driftnet fishing activities from an Australian boat.

Penalty:   500 penalty units.

  (4A)   In subsections   (2), (3) and (4), strict liability applies to the physical element of circumstance, that the relevant conduct is engaged in outside the AFZ.

Note:   For strict liability, see section   6.1 of the Criminal Code .

  (5)   In subsection   (1):

"driftnet" means a gillnet or other net or a combination of nets that is more than 2.5 kilometres in length, or such shorter length as is prescribed, the purpose of which is to enmesh, entrap or entangle fish by drifting on the surface of or in the water.

"driftnet fishing activities" means:

  (a)   taking fish with the use of a driftnet; or

  (b)   engaging in any other activity that can reasonably be expected to result in the taking of fish with the use of a driftnet, including searching for and locating fish to be taken by that method; or

  (c)   any operations at sea in support of, or in preparation for any activity described in this definition, including operations of placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons; or

  (d)   aircraft use relating to the activities described in this definition except for flights in emergencies involving the health or safety of crew members or the safety of a boat; or

  (e)   transporting, transhipping and processing any driftnet catch, and co - operation in the provision of food, fuel and other supplies for boats equipped for or engaged in driftnet fishing.