Determination Prohibiting Use of Recreational Vessels With Fishing Equipment Not Stowed and Secured North-West Network of Marine Parks– Parks and Park Zones Assigned to IUCN Category II (National Park)

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted by the Parliament of Australia to address the need for comprehensive protection of Australia's environment and biodiversity, particularly in areas of national significance. The Regulations provide a framework for the management of activities that may have a significant impact on the environment, including the establishment of marine parks. This notifiable instrument, issued by Jason Mundy, the Acting Director of National Parks under the authority of subregulation 12.56(2), serves to further refine the management of specific marine park zones within the North-west Network of Marine Parks. It aims to ensure the protection of these national park areas, which are classified under IUCN Category II, by prohibiting the use of recreational vessels with fishing equipment not stowed and secured in certain designated zones. The policy objective is to protect marine ecosystems and maintain the ecological integrity of these national park areas.

Scope and Application

The determination applies to the specified marine parks within the North-West Network of Marine Parks, specifically those zones assigned to IUCN category II (national park), which include Mermaid Reef Marine Park and certain zones within Ningaloo, Gascoyne, Dampier, Argo-Rowley Terrace and Kimberley Marine Parks. The regulation targets recreational vessels being used in connection with recreational fishing, where the fishing equipment is not stowed and secured. This means that any fishing equipment that is in contact with the water, or that has lines still rigged with tackle, hooks, or lures, is prohibited from being used in these designated areas at all times. The scope of the determination is confined to the areas outlined in Schedule 2 and described in Schedule 4 to the North-west Marine Parks Network Management Plan 2018, as detailed in the attached schedule. The regulation extends to revoke the previous determination made in 2013 concerning the Mermaid Reef Marine Park. This determination is intended to protect and manage the marine environment within these national parks by ensuring fishing activities do not adversely affect the ecosystem.

Key Provisions

The main operative sections of this legislation, as set forth in subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, establish a prohibition on the use of recreational vessels with fishing equipment that is not stowed and secured in specific marine parks within the North-West Network. These parks include the Mermaid Reef Marine Park and the designated IUCN category II (national park) zones within the Ningaloo, Gascoyne, Dampier, Argo-Rowley Terrace, and Kimberley Marine Parks. The specific boundaries and descriptions of these areas are detailed in Schedule 2 and Schedule 4 of the North-west Marine Parks Network Management Plan 2018, and they are further identified in the Schedule to this determination. The Act imposes specific obligations on marine park users, particularly those engaged in recreational fishing. It mandates that all fishing equipment used in these designated areas must be stowed and secured at all times, meaning it must not be in contact with the water, must be onboard the vessel, and all fishing lines must be unrigged. This ensures that fishing equipment does not pose a risk to marine life or the environment while not in use. Failure to comply with these requirements can result in significant legal consequences. Breach of the provisions outlined in this determination can lead to civil and criminal penalties. Under the Environment Protection and Biodiversity Conservation Act 1999, individuals and entities found in violation of the regulations may face fines and potential imprisonment. The maximum penalty for contravening these regulations is significant, reflecting the importance of protecting these marine ecosystems. Specifically, for individuals, the maximum penalty can include fines up to $1.1 million or imprisonment for up to five years, or both. For corporations, the fines can be even higher, up to $5.5 million, underscoring the seriousness with which breaches of these environmental protections are treated. These stringent measures are designed to deter non-compliance and to ensure the preservation of these critical marine habitats.