Booderee National Park Determination Relating to Fishing Other Than Commercial Fishing 2025

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations) were enacted to provide a comprehensive regulatory framework for the protection of the environment and biodiversity in Australia. This legislation was introduced to address the need for coordinated and effective management of environmental impacts across different jurisdictions and sectors, particularly in relation to activities that may have a significant impact on nationally and internationally significant environmental values. The EPBC Act and its Regulations are administered by the Australian Government, with the objective of ensuring that the impacts of proposed actions on the environment are properly assessed and managed. In 2025, a notifiable instrument was introduced under subregulation 12.35 (3) of the EPBC Regulations, specifically addressing fishing activities in Booderee National Park. This determination was made by Peter Donohoe, Branch Head of Booderee and Uluru-Kata Tjuta National Parks in the Parks Australia Division of the Department of Climate Change, Energy, the Environment and Water, and aims to protect certain fish species and prohibit fishing in specific areas of the Park to preserve its ecological integrity and support sustainable use of its resources.

Scope and Application

The Booderee National Park Fishing Determination 2025 pertains to the regulation of fishing activities within the Booderee National Park, applying to all individuals and entities engaged in fishing, whether recreational or otherwise, within the specified waters of the park. The jurisdictional scope of this determination is under the Commonwealth, pursuant to the Environment Protection and Biodiversity Conservation Regulations 2000. It specifically restricts certain fishing activities to protect the biodiversity and ecological integrity of the park. The determination applies to the waters within the park, excluding areas explicitly listed in Schedule 1 where fishing is prohibited. This includes specific marine and freshwater zones, as detailed in the accompanying maps. Certain fish species are protected and cannot be taken, as listed in Schedule 2, while other fish species may be taken subject to specified limits on quantity and size, as outlined in Schedule 4. The determination also includes additional conditions for fishing activities, such as the prohibition of fish tethering and requirements for marking stored fish, as specified in Schedule 5. Any previous determinations relating to fishing in the park are revoked by this instrument, which comes into effect the day after its registration.

Key Provisions

The Booderee National Park Determination 2025, issued under the authority of the Environment Protection and Biodiversity Conservation Regulations 2000, outlines specific rules for fishing activities within the Park. According to section 1 of the determination, fishing is prohibited in certain water areas specified in Schedule 1, including freshwater areas, the marine component of the Nature Conservation Zone, the Botanic Gardens Zone, Bowen Island and Adjacent Waters Special Purposes Zone, and the HMAS Creswell Waterfront Special Purposes Zone. Section 2 prohibits the taking of certain kinds of fish listed in Schedule 2, which includes various shark species, specific gropers, and other endangered species. Conversely, section 3 allows the taking of other kinds of fish listed in Schedule 3, which includes most finfish and certain squid species, subject to the conditions specified in Schedule 4. Under this determination, fishing is subject to various conditions and limits. Section 4 specifies the maximum number of fish a person can take per day and the size limits for each species. For example, a person can take up to two Australian Bass per day, with only one fish over 35 cm, or up to ten rock blackfish, with a minimum size of 30 cm. Section 5 further stipulates that the tethering of fish is prohibited and requires that if a person stores fish in a freezer, the fish must be stored in bags clearly marked with the owner's name. Additionally, fishing must be conducted using only a rod and line with a single hook or lure, or a handheld line with a single hook or lure. Failure to comply with the provisions of this determination may result in penalties. Although the specific penalties are not detailed within the determination itself, breaches of the Environment Protection and Biodiversity Conservation Act 1999, under which these regulations operate, can lead to significant civil and criminal penalties. These may include fines of up to $66,000 for individuals and $330,000 for corporations, as well as potential imprisonment for serious offences. The exact penalties depend on the nature and severity of the breach.