Environment Protection and Biodiversity Conservation Regulations 2000
Sub-regulation 12.34 (3)
SOUTH-EAST MARINE PARKS
DETERMINATION OF REQUIRED FISHING PRACTICES
STOWING AND SECURING FISHING GEAR DURING TRANSIT AND CAGE TOWING THROUGH UNAUTHORISED AREAS
I, RONALD (RICKY) ARCHER, Director of National Parks acting pursuant to sub-regulation 12.34(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 HEREBY DETERMINE that for each of the Marine Parks listed in the Schedule to this determination, the following commercial fishing practices are to be followed:
1. Transit, including transit by a vessel engaged in cage towing, is prohibited in the Macquarie Island Marine Park Sanctuary Zone (Ia); and
2. Transit by a fishing vessel through the listed Marine Parks in which:
a. commercial fishing operations are not authorised; or,
b. the use of a particular gear type (which is on board) is not authorised;
must be:
c. at a speed greater than 5 knots (unless engaged in cage towing); and
d. with all fishing gear, or the particular fishing gear, kept stowed and secured.
AND I HEREBY REVOKE the previous determinations relating to:
3. Stowing and securing of fishing gear during transit through unapproved areas, notified in the Gazette (F2023N00193) and published on 30 June 2023.
4. Prohibition of Commercial Fishing Practices in the National Park Zone and Sanctuary Zone of the Macquarie Island Marine Park, notified in the Gazette (F2023N00194) and published on 30 June 2023.
5. Prohibiting the use of vessels engaged in cage towing, notified in the Gazette (F2023N00192) and published on 30 June 2023.
In this determination:
Cage towing means a vessel towing a cage that is suitable for caging fish.
Stowed and secured means all fishing equipment, including nets and lines, are on-board the vessel, and not in contact with the water.
Transit means the en-route passage of a vessel through a marine park, whereby the transit is in a straight direction as fast as reasonably practical, and the vessel does not stop for any reason other than in response to an emergency or to undertake an activity authorised by law or permit.
This determination commences on 17 February 2025 and remains in effect until it is revoked or amended.
Ronald (Ricky) Archer
Director of National Parks
Date: 17 February 2025
SCHEDULE
LISTED MARINE PARKS*
Apollo Marine Park
Beagle Marine Park
Boags Marine Park
East Gippsland Marine Park
Flinders Marine Park
Franklin Marine Park
Freycinet Marine Park
Huon Marine Park
Murray Marine Park
Macquarie Island Marine Park
Nelson Marine Park
South Tasman Rise Marine Park
Tasman Fracture Marine Park
Zeehan Marine Park
Overview
The Environment Protection and Biodiversity Conservation Regulations 2000, enacted by the Australian Parliament, address the protection of Australia's marine biodiversity and environment. These regulations aim to ensure the sustainable use and conservation of Australia's marine resources by setting stringent requirements for various activities, including fishing practices. This particular regulation, determined by Ronald (Ricky) Archer, Director of National Parks, seeks to further refine the rules concerning the stowing and securing of fishing gear during transit and the prohibition of certain fishing practices in specific marine park zones. By enforcing these measures, the regulation aims to reduce environmental impact and protect sensitive marine ecosystems, thereby contributing to the overarching policy objective of biodiversity conservation.
Scope and Application
The Environment Protection and Biodiversity Conservation Regulations 2000, as amended by this determination, apply to commercial fishing practices in specific marine parks. These regulations are enforced by Ronald (Ricky) Archer, the Director of National Parks, and cover the conduct of commercial fishing operations in various marine parks listed in the Schedule. The determination specifically mandates that transit, including transit by a vessel engaged in cage towing, is prohibited in the Macquarie Island Marine Park Sanctuary Zone. Additionally, it requires that any transit by a fishing vessel through listed marine parks, where commercial fishing operations or the use of a particular gear type are not authorised, must be conducted at a speed greater than 5 knots, unless engaged in cage towing, and with all fishing gear, or the particular fishing gear, stowed and secured. This determination revokes previous regulations concerning the stowing and securing of fishing gear during transit through unapproved areas and the prohibition of certain commercial fishing practices in the Macquarie Island Marine Park. The regulations apply to all vessels and operators involved in commercial fishing activities within the specified marine parks and come into effect from 17 February 2025.
Key Provisions
The key provisions of this determination, under sub-regulation 12.34(3) of the Environment Protection and Biodiversity Conservation Regulations 2000, establish specific fishing practices for commercial vessels transiting through various marine parks (paragraphs 1-2). Transit, including cage towing, is prohibited within the Macquarie Island Marine Park Sanctuary Zone (Ia). For other listed marine parks, commercial vessels must adhere to certain conditions when transiting through areas where commercial fishing operations or the use of specific fishing gear is not authorised. These conditions include maintaining a speed greater than 5 knots and ensuring that all fishing gear or the specific gear in question is stowed and secured on board (paragraphs 1(c)-(d) and 2(a)-(b)). The determination also revokes previous determinations regarding stowing and securing fishing gear in unapproved areas, prohibitions on commercial fishing practices in the Macquarie Island Marine Park, and the prohibition on the use of vessels engaged in cage towing (paragraphs 3-5).
The obligations imposed by this determination on the parties or entities it governs primarily revolve around ensuring compliance with the specified transit conditions within the designated marine parks (paragraphs 1-2). Commercial fishing vessels must refrain from transit in the Macquarie Island Marine Park Sanctuary Zone and, in other listed marine parks, must adhere to the prescribed speed limits and stowage requirements when transiting through areas where commercial fishing or the use of specific fishing gear is not authorised. These obligations are designed to protect the marine environment and maintain the integrity of the protected areas. Failure to comply with these requirements may result in legal consequences.
The determination does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, under the Environment Protection and Biodiversity Conservation Act 1999, breaches of the regulations or determinations may result in civil or criminal penalties. For civil penalties, the maximum penalty can be up to $330,000 for individuals and $1.65 million for corporations, depending on the severity of the breach. Criminal penalties may also apply, with maximum fines of up to $660,000 for individuals and $3.3 million for corporations, along with potential imprisonment terms for serious offences. Compliance with the determination is essential to avoid these potential consequences and to contribute to the preservation of Australia's marine environment.