Overview

The Determination Prohibiting Use of Recreational Vessels with Fishing Equipment Not Stowed and Secured Part of the Cod Grounds Commonwealth Marine Reserve, issued in 2013, addresses the issue of ensuring the protection and conservation of marine ecosystems within the designated area of the former Cod Grounds Commonwealth Marine Reserve. This determination was enacted to specifically prevent recreational fishing vessels from operating with unstowed and unsecured fishing equipment in the specified waters, thereby reducing potential harm to marine life and habitats. The enactment was authorised by Charlton Clark, Assistant Secretary of the Commonwealth Marine Reserves Branch under the Environment Protection and Biodiversity Conservation Regulations 2000, with the primary policy objective being the preservation of marine biodiversity within the Commonwealth Marine Reserve. The revocation of the previous prohibition determination on 17 November 2012 aimed to refine and clarify the regulations to better protect the marine environment.

Scope and Application

The Determination Prohibiting Use of Recreational Vessels with Fishing Equipment Not Stowed and Secured is an enactment under the Environment Protection and Biodiversity Conservation Regulations 2000, applicable to recreational fishing vessels within a specified part of the Cod Grounds Commonwealth Marine Reserve. This legislation applies to individuals and entities engaging in recreational fishing within the demarcated area of the former Cod Grounds Commonwealth Marine Reserve in the Tasman Sea. The prohibition targets vessels where fishing equipment is not stowed and secured, meaning that fishing lines must be unrigged and the equipment must not be in contact with the water. This regulation aims to ensure the safety of marine activities and the protection of marine life by preventing fishing equipment from causing harm to the aquatic environment. The geographic reach of this Act is limited to the area within a circle of 1000 metres radius centered at the specified latitude and longitude coordinates in the Tasman Sea, adhering to the Geocentric Datum of Australia 1994 (GDA94). Any exemptions or thresholds are not explicitly stated in the text, but the application of the Act is confined to the defined area of the former Cod Grounds Commonwealth Marine Reserve. The scope of the Act may be extended or modified through subordinate instruments, although such provisions are not detailed in the provided text.

Key Provisions

The determination under the Environment Protection and Biodiversity Conservation Regulations 2000 prohibits the use of recreational vessels with fishing equipment not stowed and secured in a specified part of the Cod Grounds Commonwealth Marine Reserve (section 1). This area is defined in the Schedule as a circle with a radius of 1000 metres, centred at specific latitude and longitude coordinates in the Tasman Sea (Schedule 1). "Recreational fishing" refers to fishing activities that are not commercial (section 1(a)), and "fishing equipment" means any equipment designed to attract or capture fish or other aquatic animals (section 1(b)). The term "stowed and secured" means that the fishing equipment must be onboard the vessel, not in contact with the water, and all fishing lines must be unrigged, with all tackle removed (section 1(c) and (d)). Additionally, the determination revokes a previous prohibition on recreational vessels with fishing gear on board and in use, which took effect on 17 November 2012 (section 1). This Act imposes obligations on recreational fishing vessel operators within the specified area of the Cod Grounds Commonwealth Marine Reserve to ensure that all fishing equipment is stowed and secured at all times. This includes ensuring that fishing equipment is not in contact with the water, is onboard the vessel, and all fishing lines are unrigged (section 1). Failure to comply with these requirements could result in legal consequences, as the Act prohibits the use of recreational vessels with fishing equipment not meeting these criteria within the designated area. The determination specifies potential civil and criminal consequences for breaches of the Act. While the Gazette does not explicitly state maximum penalties, breaches of regulations under the Environment Protection and Biodiversity Conservation Act 1999 can attract fines and imprisonment. For example, under section 508 of the Act, a person who contravenes a direction or condition of an approval can be fined up to $1.1 million or imprisoned for up to five years, or both, for an individual, and higher penalties apply for corporations. Therefore, operators who fail to comply with the requirement to stow and secure fishing equipment within the specified area of the Cod Grounds Commonwealth Marine Reserve may face significant penalties if found in breach of the Act.