Determination of commercial fishing practices North-west Network of Marine Parks

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000, as amended by F2018N00081, aim to address the protection and sustainable management of marine environments, particularly in the context of commercial fishing practices within designated marine parks. This notifiable instrument was introduced to provide specific guidelines for commercial fishing in the north-west network of marine parks, ensuring that such activities do not adversely affect the conservation objectives of these protected areas. The regulations were enacted by the Australian Government and are administered by the Director of National Parks, who has the authority to issue determinations under sub-regulation 12.34(3) of the principal regulations. The policy objective is to balance the needs of commercial fishing with the imperative to conserve and protect the marine biodiversity and ecosystems within these parks, as outlined in the North-west Marine Parks Network Management Plan 2018.

Scope and Application

The determination under sub-regulation 12.34(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 sets specific guidelines for commercial fishing practices within the North-West Network of Marine Parks in Australia. The regulation applies to all vessels engaged in commercial fishing activities, excluding those involved in cage towing, that transit or operate within the designated IUCN category II national park zones of the marine parks listed in Schedule 1. These zones include specific areas within the Ningaloo, Gascoyne, Dampier, Mermaid Reef, Argo-Rowley Terrace, and Kimberley Marine Parks, as detailed in Schedule 2. The regulations mandate that vessels must travel at a speed greater than 5 knots when transiting these areas and require that all fishing gear be stowed and secured when vessels are in zones where fishing is not authorised. Fish processing or transshipment is permitted only in zones where the gear type or fishing method is authorised by the North-west Marine Parks Network Management Plan 2018 or a Class Approval issued by the Director of National Parks. These stipulations do not apply to commercial fishing practices conducted under an authorisation from the Director of National Parks.

Key Provisions

The key operative sections of this determination revolve around the management of commercial fishing practices within the North-West Network of Marine Parks. Section 12.34(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 provides the legal basis for this determination. Under this authority, vessels transiting IUCN category II marine parks or zones must travel at a speed greater than 5 knots (sub-regulation 12.34(3)(a)). Furthermore, fish processing and transshipment are only permitted in zones where the specific gear type or fishing method is authorised by the North-west Marine Parks Network Management Plan 2018 or a Class Approval issued by the Director of National Parks (sub-regulation 12.34(3)(b)). Additionally, vessels in areas where fishing is not authorised must have all fishing gear stowed and secured at all times (sub-regulation 12.34(3)(c)). These provisions apply to all commercial fishing activities within the specified marine parks unless conducted under an authorisation by the Director of National Parks. The obligations imposed by this determination on commercial fishing parties include adhering to the speed limit when transiting IUCN category II marine parks or zones, ensuring that all fishing activities comply with the North-west Marine Parks Network Management Plan 2018 or a Class Approval, and maintaining their fishing gear in a stowed and secured state in unauthorised zones. The term 'stowed and secured' explicitly requires all fishing apparatus to be rendered inoperative, stored inboard, and completely out of the water. This is critical to prevent any inadvertent fishing activities in restricted zones. Additionally, vessels must ensure that their transit through these areas is continuous and expeditious, stopping only in cases of emergency or to provide assistance. Failure to comply with the provisions of this determination can result in several consequences. The determination does not explicitly outline the penalties for breaches but refers to the broader regulatory framework under the Environment Protection and Biodiversity Conservation Act 1999. Under this Act, breaches can lead to civil penalties, including fines that can be substantial depending on the severity of the offence. In more severe cases, criminal penalties, including imprisonment, may be imposed. The exact penalties would be determined by the courts based on the specifics of the breach, but they can include fines of up to $66,000 for individuals and $330,000 for corporations, as well as potential imprisonment terms.