Determination of Commercial Fishing Practices Coral Sea Marine Park

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000, enacted by the Parliament of Australia, aim to protect the nation's biodiversity and environment through stringent regulations. This legislation was introduced to address the need for comprehensive protection of ecosystems, particularly those of national and global significance. One such area of focus is the Coral Sea Marine Park, which was established to preserve its unique marine biodiversity. The determination under sub-regulation 12.34(3) by Jason Mundy, Acting Director of National Parks, outlines specific commercial fishing practices within the IUCN category II zones of the Coral Sea Marine Park. These regulations mandate that vessels must travel at speeds greater than 5 knots when transiting certain protected areas and that fishing gear must be stowed and secured when not in authorised zones. The policy objective is to ensure that commercial fishing activities do not adversely impact the fragile marine ecosystems of the Coral Sea.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically sub-regulation 12.34(3), pertain to the regulation of commercial fishing practices within the Coral Sea Marine Park. This determination applies to all commercial fishing vessels operating within the designated IUCN category II zones of the Coral Sea Marine Park, except for vessels engaged in cage towing. The regulations mandate that vessels must travel at a speed greater than 5 knots when transiting through these protected areas, ensuring minimal environmental impact. Furthermore, fish may only be processed or transhipped in zones where the specific gear type or fishing method is authorised by the Coral Sea Marine Park Management Plan 2018 or by a Class Approval issued by the Director of National Parks. Vessels navigating or anchoring in areas where fishing is not permitted must ensure that all fishing gear is stowed and secured, meaning all fishing apparatus must be rendered inoperative and completely out of the water at all times. These provisions do not apply to activities conducted under an authorisation issued by the Director of National Parks.

Key Provisions

The main operative sections of this determination under sub-regulation 12.34(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 set specific practices for commercial fishing in the Coral Sea Marine Park. According to section 1, vessels other than those engaged in cage towing must travel at a speed greater than 5 knots when transiting a zone assigned to IUCN category II within the Marine Park. Section 2 stipulates that fish may only be processed or transhipped in zones where the use of a particular gear type or fishing method is authorised by the Coral Sea Marine Park Management Plan 2018 or a Class Approval issued by the Director of National Parks. Section 3 mandates that vessels must have their fishing gear stowed and secured at all times when transiting or stopping and anchoring in zones where fishing or the use of fishing gear on board is not authorised by the same documents. Notably, these sections do not apply to commercial fishing practices conducted in accordance with an authorisation issued by the Director of National Parks. The obligations and requirements imposed by this determination on parties and entities involved in commercial fishing within the Coral Sea Marine Park are stringent. Vessels must adhere to speed limits when transiting IUCN category II zones, ensuring that they travel at a speed greater than 5 knots. Additionally, fish processing and transshipment activities are strictly confined to zones where the specific fishing methods and gear types are authorised. For vessels operating in zones where fishing or the use of fishing gear is not permitted, fishing apparatus must be stowed and secured, meaning that all fishing nets and lines must be rendered inoperative, stored inboard, and completely out of the water. This includes ensuring that any fishing gear on board is stowed and secured at all times when the vessel is transiting or stopping and anchoring in restricted zones, unless an authorisation has been obtained from the Director of National Parks. Failure to comply with the provisions of this determination can result in serious consequences. The determination does not explicitly outline specific offences, penalties, or consequences for breach within its text. However, breaches of the Environment Protection and Biodiversity Conservation Regulations 2000, under which this determination is made, can lead to both civil and criminal penalties. Civil penalties can include fines up to a significant amount, depending on the severity and nature of the breach, while criminal penalties can result in fines and imprisonment for individuals found guilty of contravening the regulations. The exact penalties would be determined in accordance with the broader legislative framework governing environmental protection and biodiversity conservation in Australia.