Heard Island and Mcdonald Islands Marine Reserve Determination of Required Commercial Fishing Practices Stowing and Securing Fishing Gear During Transit Through Unapproved Areas

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide comprehensive protection for Australia’s biodiversity and environment, ensuring that human activities do not lead to the extinction of species or significant damage to ecosystems. This regulation was introduced by the Australian Parliament to address the need for stringent environmental protection measures, particularly in unique and ecologically sensitive areas such as the Heard Island and McDonald Islands (HIMI) Marine Reserve. The policy objective of these regulations is to safeguard the delicate ecosystems of the HIMI Marine Reserve by controlling and restricting commercial fishing activities. This was achieved through a determination by Phillip Boxall, Acting Head of Division, Australian Antarctic Division, acting on behalf of the Director of National Parks, under the authority granted by the Environment Protection and Biodiversity Conservation Regulations 2000. The determination specifies strict practices for commercial fishing vessels, ensuring that fishing gear is stowed and secured during transit through areas where fishing is not authorised, and mandates specific speeds for vessels in highly protected zones.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, as amended and determined under sub-regulation 12.34(3), specifically apply to any person who causes a commercial fishing vessel with fishing gear to transit through parts of the Heard Island and McDonald Islands (HIMI) Marine Reserve where fishing operations are not authorised. The regulations mandate that such vessels must ensure all fishing gear is stowed and secured, meaning all fishing apparatus such as nets and lines must be rendered inoperative and completely out of the water. Additionally, vessels must travel at a speed greater than 5 knots when transiting through zones classified as IUCN category 1a or II. This determination applies to the entire HIMI Marine Reserve as defined in the Environment Protection and Biodiversity Conservation (Heard Island and McDonald Islands Marine Reserve) Proclamation 2002 and its subsequent amendments, including the 2024 amendment. The regulations extend their jurisdictional reach to any vessel, including ships, boats, tenders, rafts, pontoons, floating structures, and hovercraft, operating within the specified marine reserve areas. This determination takes effect from 25 January 2025 and remains in force until revoked or amended.

Key Provisions

The main provisions of this determination, under sub-regulation 12.34(3) of the Environment Protection and Biodiversity Conservation Regulations 2000, establish strict rules for commercial fishing vessels within the Heard Island and McDonald Islands (HIMI) Marine Reserve. Firstly, it is mandated that any commercial fishing vessel carrying fishing gear must not transit through parts of the HIMI Marine Reserve where fishing operations are not authorised unless all fishing gear on the vessel is stowed and secured (sub-regulation 12.34(3)). Secondly, if a vessel is transiting through areas where a particular type of fishing gear is not authorised, that gear must also be stowed and secured (sub-regulation 12.34(3)). Thirdly, vessels are required to travel at a speed greater than 5 knots when moving through zones designated as IUCN categories 1a or II (sub-regulation 12.34(3)). The obligations imposed by these provisions are designed to protect the marine environment and biodiversity within the HIMI Marine Reserve. Specifically, operators of commercial fishing vessels must ensure that all fishing gear is either stowed and secured or removed when transiting through restricted areas, thereby preventing accidental fishing or environmental harm. Additionally, the requirement to maintain a speed greater than 5 knots in certain zones aims to reduce the risk of collisions and other maritime incidents that could harm the reserve’s sensitive ecosystems. Breaches of these provisions can result in significant legal consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in the determination, it is reasonable to infer that violations could lead to enforcement actions under the Environment Protection and Biodiversity Conservation Act 1999. This may include fines or other penalties as prescribed by the Act, as well as potential civil or criminal liability for causing harm to the marine environment. The Act provides for substantial fines, with the maximum penalty for individuals being up to AUD 1.1 million and for corporations up to AUD 5.5 million, reflecting the serious nature of environmental offences. These measures ensure that operators comply with the regulations to safeguard the HIMI Marine Reserve.