Determination Prohibiting Use of Recreational Vessels with Fishing Equipment Not Stowed and Secured Temperate East 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 protect Australia's environment and biodiversity by providing a framework for the assessment and approval of activities that may have a significant impact on the environment, including the establishment of marine parks. This notifiable instrument, F2018N00086, was introduced to address the issue of recreational fishing vessels with unstowed and unsecured fishing equipment in specific marine parks. The instrument was made by the Acting Director of National Parks under the authority granted by subregulation 12.56(2) of the Regulations. The policy objective of this determination is to protect marine ecosystems and prevent potential harm to aquatic life caused by fishing equipment not being stowed and secured while in recreational use. This legislative instrument specifically targets the use of recreational fishing vessels with unstowed and unsecured fishing equipment in the Temperate East Network of Marine Parks, which includes the Cod Grounds Marine Park and certain zones within the Norfolk, Lord Howe, Central Eastern, and Solitary Islands Marine Parks assigned to IUCN Category II (National Park). The intent is to ensure that fishing activities do not adversely affect the marine environment by prohibiting the use of such vessels in these areas at all times. This measure aims to maintain the ecological integrity of the marine parks and safeguard the biodiversity they protect.

Scope and Application

The determination under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000 applies to all recreational vessels being used for fishing in specific areas within the Temperate East Network of Marine Parks, particularly those zones assigned to IUCN Category II (National Park). These areas include the Cod Grounds Marine Park, and particular zones within the Norfolk, Lord Howe, Central Eastern, and Solitary Islands Marine Parks. The prohibition targets vessels used for recreational fishing when the fishing equipment is not stowed and secured, meaning it is in contact with the water, not onboard the vessel, or if the fishing lines are rigged. This applies to anyone operating a recreational fishing vessel within the specified marine parks and zones at all times. The geographic reach of this legislation is limited to the waters within the designated marine parks under the Temperate East Network, and no specific exclusions, exemptions, or thresholds are mentioned in the text. The application of this determination can potentially be extended or modified through subordinate instruments, such as amendments to the Temperate East Marine Parks Network Management Plan 2018.

Key Provisions

The main operative sections of this determination (F2018N00086) under the Environment Protection and Biodiversity Conservation Regulations 2000 (subregulation 12.56(2)) prohibit the use of recreational vessels with fishing equipment not stowed and secured in designated areas of the Temperate East Network of Marine Parks. Specifically, this prohibition applies to the Cod Grounds Marine Park and to certain zones within the Norfolk, Lord Howe, Central Eastern, and Solitary Islands Marine Parks that are classified as IUCN category II (national park). These areas are precisely defined in Schedule 2 and Schedule 4 of the Temperate East Marine Parks Network Management Plan 2018, and are shown in the marine park maps detailed in the Schedule to this determination. Recreational fishing refers to any fishing activity that is not commercial, while fishing equipment includes any device designed to attract or capture fish or other aquatic animals. The term 'stowed and secured' means that all fishing equipment must be onboard the vessel, not in contact with the water, and with all fishing lines unrigged. 'Unrigged fishing line' means that all tackle, including hooks and lures, must be removed from the line. The Act imposes several obligations and requirements on the parties and entities it governs. For instance, it mandates that any recreational vessel operating in the specified areas must ensure that all fishing equipment is stowed and secured at all times. This includes keeping all fishing equipment onboard the vessel, ensuring it is not in contact with the water, and unrigging all fishing lines by removing all tackle, including hooks and lures. The determination also revokes previous determinations made on 14 December 2013 that similarly prohibited the use of recreational vessels with unstowed and unsecured fishing equipment in parts of the Cod Grounds Marine Park, the Lord Howe Marine Park, and the Solitary Islands Marine Park. These previous determinations were published in the Gazette and provide a historical context for the current regulations. Breaching the provisions of this determination can result in various civil and criminal consequences. While the specific penalties are not detailed in the text provided, under the Environment Protection and Biodiversity Conservation Act 1999, penalties for contravening the regulations can include substantial fines. For corporations, the maximum penalty for each offence can be up to AUD 210,000, while individuals can face penalties of up to AUD 21,000. Additionally, repeated or serious breaches may lead to more severe consequences, including potential imprisonment. The precise penalties depend on the nature and severity of the breach, as well as any relevant precedents set by courts. It is essential for individuals and entities to adhere strictly to the regulations to avoid these potential penalties and to contribute to the conservation efforts within these marine parks.