Determination Prohibiting Use of Recreational Vessels with Fishing Equipment Not Stowed and Secured Coral Sea Marine Park – Zones Assigned to IUCN Category II (National Park)

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide a comprehensive framework for the protection of the environment and biodiversity in Australia. This notifiable instrument, F2018N00100, was introduced to address the issue of recreational fishing practices that could potentially harm the marine ecosystem, particularly in areas designated as national parks under the International Union for Conservation of Nature (IUCN) category II within the Coral Sea Marine Park. The regulations were established by the Australian Parliament to safeguard the country's environment and biodiversity, with a specific policy objective of ensuring sustainable use and conservation of marine resources. This determination, made by Jason Mundy, the Acting Director of National Parks, under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, prohibits the use of recreational vessels with fishing equipment not stowed and secured in certain zones of the Coral Sea Marine Park. This measure aims to protect the marine environment and biodiversity within these zones, which are classified as national parks. The determination revokes a previous determination made in 2013, updating the areas subject to the prohibition to better align with the Coral Sea Marine Park Management Plan 2018.

Scope and Application

The determination made under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000 applies specifically to the zones within the Coral Sea Marine Park that have been designated as IUCN Category II (National Park). These zones, detailed in Schedule 2 and described in Schedule 4 of the Coral Sea Marine Park Management Plan 2018, include the areas listed in the attached Schedule. The prohibition pertains to the use of recreational vessels engaged in recreational fishing where the fishing equipment is not stowed and secured. This means that any fishing equipment must be completely removed from the water, onboard the vessel, and all fishing lines must be unrigged, with all tackle removed, including hooks and lures. This regulation aims to protect the marine environment and biodiversity within these sensitive national park zones. The application of this determination is revoked from the previous prohibition announced on 14 December 2013, which covered a different part of the Coral Sea Marine Park.

Key Provisions

The key operative sections of the determination under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, specify the prohibition of using certain recreational vessels in specific zones of the Coral Sea Marine Park (section 1). These zones, assigned to the IUCN Category II (National Park), are outlined in Schedule 2 and Schedule 4 of the Coral Sea Marine Park Management Plan 2018 and are identified by specific zone numbers and clauses (Schedule). The regulation prohibits the use of recreational vessels with fishing equipment not stowed and secured in these designated zones at all times. The obligations imposed by this Act include ensuring that all recreational fishing activities within the specified zones adhere to the requirement that fishing equipment must be stowed and secured. This means that fishing equipment must be out of the water, onboard the vessel, and all fishing lines must be unrigged, meaning that all tackle, including hooks and lures, must be removed from the lines (section 1). This regulation applies to all vessels used for recreational fishing within the mentioned zones, ensuring a standard approach to protecting marine environments. Breach of this regulation can lead to civil and criminal consequences. While the specific penalties are not detailed in the text, breaches of the Environment Protection and Biodiversity Conservation Regulations 2000 can generally result in significant fines and potential imprisonment. These penalties are intended to enforce compliance and protect the ecological integrity of the Coral Sea Marine Park. The enforcement of these provisions is critical to maintaining the protected status of the marine park and ensuring that the biodiversity within these zones is preserved.