Determination of Commercial Fishing Practices South-west Network of Marine Parks

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000, amended by F2018N00080, were enacted to address the need for specific regulations governing commercial fishing practices within the South-West Network of Marine Parks in Australia. This notifiable instrument was introduced by the Acting Director of National Parks, Jason Mundy, under sub-regulation 12.34(3) of the primary Regulations, to ensure compliance with conservation objectives within these protected marine areas. The policy objective of these regulations is to protect and conserve marine biodiversity and habitats by setting clear guidelines for commercial fishing activities, thus balancing the interests of conservation with the needs of commercial fishers. The regulations specify that vessels must adhere to certain speed limits and gear restrictions when navigating through or operating in these marine parks, aiming to minimise the environmental impact of fishing activities.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, as amended by the notifiable instrument F2018N00080, apply to commercial fishing practices within the South-west Network of Marine Parks in Australia. This includes the various marine parks listed in Schedule 1 of the instrument, specifically those that fall under IUCN category II (national park) as outlined in Schedule 2. These regulations mandate that vessels transiting through or stopping in these designated areas must adhere to specific speed limits and gear stowage requirements, unless they hold an authorisation from the Director of National Parks. The regulations also specify conditions for the processing and transshipment of fish, which must comply with the South-west Marine Parks Network Management Plan 2018 or a Class Approval issued by the Director of National Parks. Notably, the regulations do not apply to practices conducted under an authorisation, providing an exemption for those who comply with the specified management plans and approvals. The instrument’s jurisdictional reach is confined to the defined marine parks within the South-west Network, ensuring targeted conservation efforts and sustainable fishing practices in these ecologically significant areas.

Key Provisions

The determination outlined in the Environment Protection and Biodiversity Conservation Regulations 2000, under sub-regulation 12.34(3), specifies the commercial fishing practices that must be adhered to in the South-west Network of Marine Parks. Firstly, any vessel, excluding those engaged in cage towing, that is transiting or within a Marine Park zone designated as IUCN category II (national park) must maintain a speed greater than 5 knots (sub-regulation 12.34(3)(a)). Secondly, fish processing or transshipment is only allowed in zones where the South-west Marine Parks Network Management Plan 2018 or a Class Approval issued by the Director of National Parks permits the specific gear type or fishing method being used (sub-regulation 12.34(3)(b)). Lastly, fishing gear must be stowed and secured when vessels are transiting or stopping and anchoring in areas where fishing or the use of fishing gear is not authorised, ensuring that all fishing apparatus, such as nets and lines, are rendered inoperative and stored completely out of the water (sub-regulation 12.34(3)(c)). These provisions do not apply to activities conducted under an authorisation issued by the Director of National Parks. The determination imposes several obligations on parties or entities involved in commercial fishing within the specified marine parks. These include the requirement for vessels to adhere to speed limits in designated IUCN category II zones, to ensure compliance with authorised fishing methods and gear types in specific zones for processing or transshipping fish, and to maintain fishing gear in a stowed and secured condition when not permitted to fish or use fishing gear. These obligations aim to protect the marine environment and ensure sustainable fishing practices within the network of marine parks. The term "stowed and secured" is defined to mean all fishing apparatus is rendered inoperative and completely out of the water, ensuring that fishing activities do not inadvertently harm marine ecosystems during transit or when not actively fishing. There are no specific offences, penalties, or civil/criminal consequences outlined in the determination itself. However, any breach of the Environment Protection and Biodiversity Conservation Act 1999 or the associated regulations could result in enforcement actions under the Act. Under the Act, offences may lead to significant penalties, including fines up to $666,000 for individuals and $3,330,000 for corporations, as well as potential imprisonment terms. The determination, by clarifying the permissible practices within the marine parks, supports the enforcement of these broader legislative provisions to protect the marine environment.