Determination Prohibiting Use of Recreational Vessels with Fishing Equipment Not Stowed and Secured South-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 to address the need for comprehensive environmental protection and biodiversity conservation across Australia. These regulations were introduced by the Australian Parliament to provide a legal framework that ensures the protection of the environment and biodiversity, including the establishment and management of marine parks. The regulations aim to enforce stringent measures to prevent ecological damage and ensure the preservation of natural habitats. The policy objective of the Environment Protection and Biodiversity Conservation Regulations 2000 is to safeguard the environment and biodiversity through effective regulation and management of activities that may impact these areas. The regulations empower the government to manage and protect biodiversity, ensuring sustainable use of natural resources and minimising harm to the environment. This determination, made by the Acting Director of National Parks under subregulation 12.56(2), specifically targets the prohibition of recreational vessels with unstowed and unsecured fishing equipment in designated marine parks to protect marine ecosystems and ensure the safety of both the environment and users.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically under subregulation 12.56(2), mandate a prohibition on the use of recreational vessels with fishing equipment not stowed and secured in designated marine parks within the South-West Network of Marine Parks in Australia. This prohibition applies to specific parks and zones assigned to the IUCN category II (National Park) and includes parks such as Murat Marine Park and specific zones within Western Kangaroo Island, Western Eyre, Great Australian Bight, Twilight, Eastern Recherche, South-west Corner, Bremer, Geographe, Perth Canyon, Two Rocks, Jurien, and Abrolhos Marine Parks. The regulation applies to all persons engaging in recreational fishing within these areas, ensuring that fishing equipment is stowed and secured at all times to prevent potential harm to the marine environment and wildlife. This determination extends to vessels used for recreational purposes, excluding commercial fishing activities, and it is enforced across the jurisdictional boundaries of the Commonwealth of Australia as per the specified schedules and descriptions in the South-west Marine Parks Network Management Plan 2018. The regulation is detailed in the schedules of the determination, outlining the specific marine park zones affected by this prohibition.

Key Provisions

The operative sections of the determination prohibit the use of recreational vessels with fishing equipment not stowed and secured in specified marine parks and park zones within the South-west Network of Marine Parks. These parks and zones are designated as IUCN Category II (National Park) and include Murat Marine Park and specific zones within Western Kangaroo Island, Western Eyre, Great Australian Bight, Twilight, Eastern Recherche, South-west Corner, Bremer, Geographe, Perth Canyon, Two Rocks, Jurien, and Abrolhos Marine Parks. The prohibition applies to vessels used in recreational fishing where the fishing equipment is not stowed and secured, meaning it is not in contact with the water, onboard the vessel, and all fishing lines are unrigged, with all tackle, including hooks and lures, removed from the line (subreg. 12.56(2)). The determination imposes obligations on individuals and entities to ensure that their recreational fishing activities comply with these regulations. Specifically, recreational fishers must ensure that their fishing equipment is stowed and secured at all times while on the specified marine parks and park zones. This includes ensuring that fishing lines are unrigged and all tackle is removed from the line. The regulations are designed to protect marine environments and biodiversity within these protected areas. Breach of these regulations may result in civil or criminal consequences. While the specific penalties are not detailed within this determination, it is known that under the Environment Protection and Biodiversity Conservation Act 1999, penalties for non-compliance can include fines and potential imprisonment. The exact penalties would be determined by the courts based on the severity and circumstances of the breach. Compliance with these regulations is essential to avoid legal repercussions and to contribute to the conservation efforts within these marine parks.