Determination Relating to Fishing Other Than Commercial Fishing Coral Sea Marine Park

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to address the need for a comprehensive framework to protect and conserve Australia's biodiversity and environment, particularly focusing on the regulation of activities that may have significant impacts on listed threatened species, ecological communities, and heritage places. This regulatory instrument is an expression of the federal government's commitment to preserving the nation's natural heritage and ensuring that environmental considerations are integrated into decision-making processes. The Regulations provide a structured approach to managing activities that could potentially harm biodiversity, including fishing practices within designated marine parks. The policy objective is to safeguard the environment and biodiversity through stringent controls and regulations that support sustainable use and conservation. The determination relating to fishing other than commercial fishing in the Coral Sea Marine Park, made under subregulation 12.35(3) of the Environment Protection and Biodiversity Conservation Regulations 2000, further refines these protections by setting specific catch limits and regulations for certain fish species within designated zones of the park. This measure is aimed at ensuring that recreational fishing activities do not adversely affect the marine ecosystem, thereby contributing to the overall goal of maintaining the ecological integrity of the Coral Sea Marine Park. The enacting authority, in this case, the Acting Director of National Parks, has established these regulations to balance the needs of recreational fishers with the imperative to protect marine biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically subregulation 12.35(3), apply to the Special Purpose Zone (Trawl), Habitat Protection Zone, and Habitat Protection Zone (Reefs) within the Coral Sea Marine Park, areas designated in Schedules 2 and 4 of the Coral Sea Marine Park Management Plan 2018. These regulations govern the fishing activities that occur in these zones, particularly those that are not considered commercial fishing. The determinations set out in the regulations apply to any person engaging in fishing within these zones and are subject to the fishing limits prescribed by the relevant laws of the State of Queensland. These laws dictate the types of fish that can be taken or must not be taken, the maximum number of fish that can be possessed in a day, and the minimum or maximum size of fish or fillets that can be possessed. Additionally, for specific kinds of fish or fish species listed in the Schedule to the determination, the maximum number of fish that can be possessed in a day is set at 5 for each specified fish or species. This regulation extends to all persons involved in fishing activities within the specified zones of the Coral Sea Marine Park.

Key Provisions

This determination (F2018N00089) under subregulation 12.35(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 sets out specific regulations for fishing activities in the Coral Sea Marine Park. For the Special Purpose Zone (Trawl), Habitat Protection Zone, and Habitat Protection Zone (Reefs), the determination stipulates that the Queensland state laws regarding fishing, including species restrictions, quantity limits, size limits, and fillet limits, will apply. The regulation also introduces a specific limit on the number of fish of certain species that can be possessed by a person in a day, which is set at a maximum of five for the species listed in the attached schedule. The obligations under this determination require compliance with the Queensland state laws as they apply to the park area. This includes adhering to the specified limits on the types of fish that can be taken, the quantity and size limits for fish and their fillets, and the additional limit of five for certain species as detailed in the schedule. The regulation emphasises the need to follow these laws to ensure sustainable fishing practices and the protection of marine biodiversity within the park. Failure to comply with the provisions of this determination may result in various consequences. Although the document does not explicitly outline the penalties for breaches, the Environment Protection and Biodiversity Conservation Act 1999 and the Environment Protection and Biodiversity Conservation Regulations 2000 provide a framework for penalties. Generally, breaches of these regulations can lead to civil or criminal penalties, which may include fines and, in some cases, imprisonment. The specific penalties would be determined by the courts based on the nature and severity of the breach, but they can be substantial, reflecting the importance of protecting the marine environment.