South-East Marine Parks Determination of Required 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 a comprehensive regulatory framework for the protection of the environment and biodiversity, particularly in areas of national significance. These regulations were introduced to address the need for stringent controls on activities that could potentially harm Australia's unique ecosystems, including marine environments. Enacted by the Parliament of Australia, these regulations aim to preserve the nation's biodiversity and protect areas of outstanding environmental importance. The policy objective of these regulations is to ensure that commercial activities, including fishing, are conducted in a manner that minimises adverse impacts on the environment and biodiversity, thereby safeguarding natural resources for future generations. The notifiable instrument, F2023N00193, pertains to the stowing and securing of fishing gear during transit through unapproved areas within designated marine parks. This regulation was introduced to mitigate the risks associated with the unintentional deployment of fishing gear in sensitive marine environments, where commercial fishing operations may not be authorised. By mandating that fishing gear be stowed and secured during transit, the regulation seeks to prevent ecological damage and preserve the integrity of marine ecosystems within the specified parks. This determination came into effect on 1 July 2023, superseding the previous determination related to fishing gear stowage, which was published on 2 February 2018.

Scope and Application

This determination applies to the specified Marine Parks listed in the Schedule, namely 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, and Zeehan Marine Park. It governs the conduct of commercial fishing vessels, particularly their transit practices, within these marine areas where commercial fishing operations are not authorised or where specific gear types are not permitted. The requirements pertain to the stowing and securing of all fishing gear, including nets and lines, during the transit of vessels through these unapproved areas, ensuring that no fishing equipment is in contact with the water. This regulation is applicable from 1 July 2023 and replaces the previous determination published in the Gazette on 2 February 2018. The determination is a specific application of sub-regulation 12.34(3) of the Environment Protection and Biodiversity Conservation Regulations 2000, with its scope limited to the named marine parks and the outlined fishing practices during transit.

Key Provisions

The key provisions of this determination revolve around the requirements for commercial fishing practices when transiting through certain marine parks in Australia. According to section 1, commercial fishing vessels must ensure that all fishing gear is stowed and secured when moving through marine parks where such operations are not authorised (sub-regulation 12.34(3)). Additionally, if the use of a specific type of fishing gear is not permitted in a particular marine park, that gear must also be stowed and secured during transit (sub-regulation 12.34(3)). The term "stowed and secured" is defined to mean that all fishing equipment, including nets and lines, must be on board the vessel and not in contact with the water. The term "transit" refers to the passage of a vessel through a marine park in a straight direction as fast as reasonably practical, without stopping for any reason other than in response to an emergency or to undertake an activity authorised by law or permit. These provisions impose obligations on commercial fishing operators to ensure compliance with the stowing and securing requirements when transiting through the listed marine parks. This includes securing all fishing gear on board the vessel to prevent it from coming into contact with the water. The determination also revokes the previous determination relating to the stowing and securing of fishing gear during transit through unapproved areas, which was notified in the Gazette (F2018N00010) and published on 2 February 2018. Breaching these provisions may result in both civil and criminal consequences. While the determination does not explicitly state the penalties for non-compliance, it is likely that such breaches would be subject to the general provisions of the Environment Protection and Biodiversity Conservation Act 1999. Under this act, a person who commits an offence against a provision of the regulations may be subject to a fine of up to $222,200 for an individual and $1,111,000 for a body corporate, as well as potential imprisonment for up to five years. Furthermore, any person who causes harm to the environment as a result of a breach of the regulations may be liable for compensation to the Commonwealth or any person who has suffered loss or damage as a result of the breach. It is important for commercial fishing operators to be aware of these obligations and requirements to avoid any potential legal or financial consequences.