Determination Prohibiting Use of Recreational Vessels with Fishing Equipment not Stowed and Secured in the South-East Network

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to address the need for stringent environmental protection and conservation measures, particularly concerning biodiversity. This notifiable instrument, introduced by the Director of National Parks under sub-regulation 12.56 (2) of these Regulations, aims to enhance the protection of marine ecosystems within the South-east Network Marine Parks. The policy objective behind this determination is to prohibit the use of recreational vessels with fishing equipment not stowed and secured in specific zones of various marine parks to safeguard marine life and habitats. This measure is designed to ensure that recreational fishing activities do not disrupt the delicate balance of marine environments, thereby supporting the overarching goal of preserving Australia's unique biodiversity.

Scope and Application

This notifiable instrument pertains to the Environment Protection and Biodiversity Conservation Regulations 2000 and applies to recreational fishing within specific marine parks in Australia's South-east Marine Parks Network. The regulation targets recreational vessels that are not compliant with the requirement to have fishing equipment stowed and secured. Specifically, the prohibition applies to the Special Purpose Zone (IUCN VI) within the Zeehan Marine Park, the National Park Zones (IUCN II) within several other marine parks, and the Sanctuary Zone (IUCN 1a) within the Macquarie Island Marine Park, as designated in the South-east Marine Parks Network Management Plan 2025. The purpose of this regulation is to ensure the protection and conservation of marine biodiversity and habitats by preventing the unintentional harm caused by unsecured fishing equipment. This determination is applicable to any individual or entity engaged in recreational fishing within the specified zones and becomes effective from 17 February 2025. The regulation is enforced under the authority of Ronald (Ricky) Archer, the Director of National Parks.

Key Provisions

The determination under sub-regulation 12.56 (2) of the Environment Protection and Biodiversity Conservation Regulations 2000 (section 12.56(2)) prohibits the use of recreational vessels with fishing equipment not stowed and secured in specific marine park zones. This includes the Special Purpose Zone (IUCN VI) within the Zeehan Marine Park, the National Park Zones (IUCN II) within several marine parks, and the Sanctuary Zone (IUCN 1a) within the Macquarie Island Marine Park (section 1). These areas are identified in marine park maps in Schedule 3 of the South-east Marine Parks Network Management Plan 2025. Recreational fishing, as defined in the determination, refers to fishing activities that are not commercial in nature (section 1). The term "fishing equipment" encompasses any equipment intended to attract or capture fish or other aquatic animals (section 1). The determination specifies that "stowed and secured" means the fishing equipment should not be in contact with the water, must be onboard the vessel, and all fishing lines should be unrigged (section 1). An "unrigged fishing line" refers to a line from which all tackle, including hooks and lures, has been removed (section 1). The obligations imposed by this determination are clear: any person using recreational vessels in the specified marine park zones must ensure that their fishing equipment is properly stowed and secured. This means that the equipment must not be in contact with the water, must remain onboard the vessel, and all fishing lines must be unrigged (section 1). This requirement is intended to protect the marine environment and wildlife by preventing accidental entanglement or disturbance of aquatic life. The determination applies to all recreational fishing activities within the outlined marine park zones (section 1). Breaching the provisions of this determination can result in legal consequences. While the specific penalties are not detailed in the determination itself, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides the framework for enforcement. Under the EPBC Act, contravening a prohibition can lead to both civil and criminal penalties. Civil penalties can include substantial fines, with the maximum penalty potentially reaching up to $66,000 for individuals and $330,000 for corporations, depending on the severity and circumstances of the breach (section 545). Additionally, criminal penalties may apply, which can result in fines of up to $660,000 and imprisonment for up to five years for individuals, and up to $3.3 million and five years imprisonment for corporations (section 546). These penalties underscore the importance of compliance with the determination to avoid serious legal ramifications.