(1)  The Secretary, by notice in writing served on the supervisor of a fishing licence (vessel), who is operating under the licence a vessel that is fitted with an approved automatic location communicator, may direct the supervisor to keep the vessel clear of a specified area of State waters –

(a) if there is a management plan, for the fishery for which the vessel is intended to be used, that provides –

(i) for a vessel monitoring system to be used in that fishery; and

(ii) that the specified area is closed to fishing under rule 10 ; or

(b) if the specified area is closed to fishing under rule 10 ; or

(c) for any other reason that the Secretary considers appropriate.

(2)  The supervisor of a fishing licence (vessel), to which a notice under subrule (1) applies, must keep the vessel so fitted with a communicator clear of an area specified under subrule (1) .

Penalty:  Grade 3 penalty.

(3)  It is a defence in proceedings for an offence against subrule (2) if the defendant establishes that keeping the vessel clear of the specified area is likely to endanger any person or the vessel.