Determination of Commercial Fishing Practices Temperate East Network of Marine Parks

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide a framework for the protection of the environment and biodiversity in Australia. These regulations address the problem of unsustainable commercial fishing practices within designated marine parks, particularly in areas classified as IUCN category II national parks. The regulations aim to balance conservation objectives with the needs of commercial fishing activities. Issued by the Acting Director of National Parks, Jason Mundy, the determination under sub-regulation 12.34(3) sets out specific practices for commercial fishing within the Temperate East Network of Marine Parks. This includes speed limits for vessels in national park zones, restrictions on fish processing and transshipment, and requirements for securing fishing gear when vessels are in unauthorised areas. The policy objective is to ensure that commercial fishing activities do not adversely impact the protected marine environments while still allowing for sustainable use of marine resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically under sub-regulation 12.34(3), establish certain conditions for commercial fishing practices within the Temperate East Network of Marine Parks. This regulation applies to all vessels engaged in commercial fishing within the specified Marine Parks, barring those solely involved in cage towing. The Act mandates that vessels moving through a Marine Park, or any designated zone within such a park, that falls under the IUCN category II classification must maintain a speed greater than 5 knots. Additionally, fish processing or transshipment can only occur in zones where the use of specific gear types or fishing methods has been authorised by the Temperate East Marine Parks Network Management Plan 2018 or by a Class Approval issued by the Director of National Parks for commercial fishing in the Network. Furthermore, vessels that are either transiting or have stopped and anchored in zones where fishing or the use of fishing gear on board is not permitted must ensure that all fishing gear is stowed and secured at all times. These provisions, however, do not apply to activities conducted under an authorisation granted by the Director of National Parks. The stipulations outlined in this determination are integral to preserving the ecological integrity of the designated marine parks and ensuring sustainable fishing practices.

Key Provisions

The determination under sub-regulation 12.34(3) of the Environment Protection and Biodiversity Conservation Regulations 2000, specifies that vessels must adhere to certain practices when engaged in commercial fishing within the Temperate East Network of Marine Parks (Regulation 12.34(3)). For instance, vessels that are not engaged in cage towing must travel at a speed greater than 5 knots when transiting through any Marine Park, or zones within a Marine Park, that has been assigned to IUCN category II (national park) (Schedule 2). Additionally, fish can only be processed or transhipped in zones where the specific gear type or fishing method used is authorised by either the Temperate East Marine Parks Network Management Plan 2018 or a Class Approval issued by the Director of National Parks for commercial fishing in the Network. Moreover, when vessels are transiting or stopping and anchoring in zones where fishing or the use of fishing gear on board the vessel is not authorised, the fishing gear must be stowed and secured at all times. However, it is important to note that these requirements do not apply to commercial fishing practices that are conducted in accordance with an authorisation issued by the Director of National Parks. The obligations and requirements imposed by this determination are primarily directed at commercial fishing vessels operating within the specified Marine Parks and their designated zones. These obligations include maintaining a speed greater than 5 knots when transiting certain areas, ensuring that fishing activities are only carried out in authorised zones, and that fishing gear is stowed and secured when not in use in non-authorised zones. The term "stowed and secured" is defined within the determination itself, stipulating that all fishing apparatus, including nets and lines, must be rendered inoperative, with the apparatus being kept inboard of the vessel and completely out of the water. This requirement ensures that fishing activities do not inadvertently impact the marine environment or interfere with other marine activities. Breach of any of the provisions outlined in this determination could result in civil or criminal consequences, although the specific penalties are not detailed in the text. Generally, under the Environment Protection and Biodiversity Conservation Act 1999, penalties for breaches can include substantial fines and, in some cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant state or territory laws that may also apply. It is important for commercial fishers to comply with these regulations to avoid any legal repercussions and to contribute to the conservation and sustainable use of the marine environment.