Determination of commercial fishing practices North Network of Marine Parks

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to ensure the protection of the environment and biodiversity, particularly in relation to activities that may have a significant impact on listed threatened species and ecological communities. This notifiable instrument was introduced to address the need for clear guidelines and regulations in managing commercial fishing practices within the North Network of Marine Parks. The regulations were enacted by the Australian Government under the authority of the Environment Protection and Biodiversity Conservation Act 1999. The primary policy objective of this determination is to protect and conserve marine biodiversity within these parks, ensuring that commercial fishing activities do not adversely affect the sensitive ecosystems present. This is achieved by specifying the speed limits for vessels, regulating the processing and transshipment of fish, and mandating the stowage and securing of fishing gear in unauthorised zones. This determination by Jason Mundy, Acting Director of National Parks, aims to provide a structured approach to managing commercial fishing activities in the specified marine parks. The regulations outlined ensure that fishing practices are conducted in a manner that minimises their impact on the environment, thereby supporting the overarching goal of biodiversity conservation. The specified zones, such as those assigned to IUCN category II, are given particular attention to enforce stricter controls and safeguard these critical areas. By enforcing these regulations, the government seeks to balance the needs of commercial fishing with the imperative to protect and preserve Australia's unique marine biodiversity.

Scope and Application

The determination under sub-regulation 12.34(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 applies to commercial fishing practices within the North Network of Marine Parks, specifically in the zones assigned to IUCN category II (national park) in the Oceanic Shoals, Gulf of Carpentaria, and West Cape York Marine Parks. This regulation governs the activities of vessels and fishing practices to ensure the protection of these sensitive marine environments. The requirement for vessels to travel at a speed greater than 5 knots within IUCN category II zones is intended to reduce the risk of accidental damage to the marine habitat. Additionally, the regulation stipulates that fish may only be processed or transhipped in zones where the specific gear type or fishing method is authorised, thereby ensuring compliance with the North Marine Parks Network Management Plan 2018 or the Class Approval issued by the Director of National Parks. Furthermore, vessels must have their fishing gear stowed and secured when transiting or stopping and anchoring in areas where fishing or the use of fishing gear is not permitted. These provisions do not apply to activities conducted under an authorisation issued by the Director of National Parks, providing a clear exemption for certain authorised operations. The regulation's jurisdictional reach encompasses the specified marine parks within the North Network, applying Commonwealth-level oversight to protect these ecologically significant areas.

Key Provisions

The determination under sub-regulation 12.34(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 specifies the commercial fishing practices that must be observed within the North Network of Marine Parks (Schedule 1). One of the main requirements is that vessels (excluding those engaged in cage towing) must travel at a speed greater than 5 knots when transiting zones assigned to IUCN category II (national park) within these Marine Parks (Schedule 2). Additionally, the processing or transshipment of fish is only permissible in zones where the specific gear type or fishing method used is authorised by the North Marine Parks Network Management Plan 2018 or by a Class Approval issued by the Director of National Parks. This authorisation is crucial for ensuring that fishing activities comply with the regulations designed to protect the marine environment. Vessels that are transiting or stopping and anchoring in areas where fishing or the use of fishing gear is not authorised must have all fishing gear stowed and secured at all times. The obligations imposed by this determination include ensuring that vessels adhere to the speed limits when in IUCN category II zones, and that fishing activities are conducted only in areas where such activities are specifically authorised. The definition of "stowed and secured" means that all fishing apparatus, including nets and lines, must be rendered inoperative and completely out of the water, with all such apparatus kept inboard. This ensures that fishing gear does not pose any environmental risk when vessels are in unauthorised areas. Furthermore, "transiting" is defined as the continuous and expeditious passage of a vessel through an area, with stops only permissible in response to emergencies or to render assistance to persons, aircraft, or vessels in danger or distress. Failure to comply with the provisions of this determination can result in various civil and criminal consequences. While the specific penalties are not detailed in the text, breaches of the Environment Protection and Biodiversity Conservation Act 1999 and its regulations can result in substantial fines and, in some cases, imprisonment. The Act provides for penalties that can be severe, reflecting the importance of protecting Australia's marine environment and biodiversity. The exact penalties would be determined by the courts based on the nature and severity of the breach, but they can include significant financial penalties for corporations and individuals alike.