Determination Relating to Fishing Other Than Commercial Fishing Ashmore Reef Marine Park

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations) were enacted to provide comprehensive protection for the environment and biodiversity across Australia, aligning with the objectives of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The Regulations address the need to manage and protect Australia's biodiversity and its interactions with the environment, ensuring sustainable use and conservation. This particular determination, issued in 2018 under subregulation 12.35(3) by the Acting Director of National Parks, pertains specifically to the Ashmore Reef Marine Park. It aims to regulate recreational fishing activities within the designated Recreational Use Zone of the Park to safeguard certain marine species and maintain ecological balance. The policy objective is to ensure that fishing practices do not negatively impact the biodiversity and health of the marine environment, while still allowing for recreational activities within specified limits.

Scope and Application

The determination under subregulation 12.35(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 applies specifically to the Recreational Use Zone within the Ashmore Reef Marine Park. This area, as delineated in Schedule 2 and Schedule 4 of the North-west Marine Parks Network Management Plan 2018, permits fishing activities other than commercial fishing. The regulation mandates that only ray-finned fish (Class Actinopterygii) may be taken within this zone, excluding any ray or shark species (Class Chondrichthyes) or other types of fish. Additionally, certain kinds of ray-finned fish, as specified in the attached Schedule, are prohibited from being taken. The determination also incorporates the fishing limits prescribed by the relevant laws of the State of Western Australia, which govern aspects such as the types of fish that may be taken, the daily possession limits, the size restrictions of fish, and the limits on the number and size of fish fillets that may be possessed. This ensures a cohesive regulatory framework governing fishing activities in the Recreational Use Zone of the Ashmore Reef Marine Park.

Key Provisions

The main operative sections of this determination (subregulation 12.35(3)) specify that within the Recreational Use Zone of the Ashmore Reef Marine Park, only ray-finned fish (Class Actinopterygii) may be taken, subject to certain exceptions (section 1). However, specific kinds of ray-finned fish are prohibited from being taken, as detailed in the accompanying schedule (section 2). The regulation further states that, except as noted, the fishing limits prescribed by relevant Western Australian laws must be followed, including those regarding the type of fish that may be taken, the number and size of fish that may be possessed, and the number and size of fillets that may be carried (section 3). This includes restrictions on taking any ray or shark species (Class Chondrichthyes) or other types of fish (section 4). The obligations imposed by this determination are clear: only ray-finned fish may be targeted for fishing within the specified zone, and even then, certain species are off-limits as detailed in the schedule. Fishers must adhere to the fishing limits set by Western Australian laws, which dictate the types of fish that can be taken, the maximum number and size of fish that can be possessed, and the number and size of fillets that can be carried. These requirements ensure that fishing activities are conducted in a manner that is sustainable and in compliance with existing state regulations. Failure to comply with the provisions of this determination can result in legal consequences. While the specific penalties are not detailed in the determination itself, breaches of the Environment Protection and Biodiversity Conservation Act 1999 or the regulations can lead to both civil and criminal penalties. Civil penalties can include fines, and in some cases, criminal penalties can include imprisonment. The exact penalties would depend on the specific nature and severity of the breach, as well as any relevant state laws that apply. It is important for fishers to be aware of and comply with these regulations to avoid any legal repercussions.