(1)  For the purpose of these rules, a person is taken to be transiting an area of State waters ( "transit zone" ) if, at the relevant time –

(a) the person is on board a fishing vessel inside the transit zone; and

(b) the fishing vessel is proceeding directly from port to engage in lawful fishing in waters outside the transit zone or is returning directly to port after engaging in lawful fishing in waters outside the transit zone; and

(c) the fishing vessel has not engaged in rock lobster fishing within the transit zone on that fishing trip.

(2)  Without limiting the generality of subrule (1)(c) , a fishing vessel is taken to have engaged in rock lobster fishing for the purposes of that subrule if any person has set a rock lobster pot from the vessel.

(3)  For the purposes of subrule (2) , a person is taken to have set a rock lobster pot if any part of the rock lobster pot, or any buoy, rope or other thing attached to the rock lobster pot, is in or touching the water.

(4)  In this rule –

fishing vessel includes any auxiliary craft used or intended to be used in conjunction with the fishing vessel.