South-east Network of 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 address the need for comprehensive management and protection of Australia's biodiversity and the environment. This legislation was introduced by the Parliament of Australia, aiming to provide a regulatory framework that ensures the conservation and sustainable use of the nation's natural resources. The regulations were designed to fill a critical gap in protecting significant natural areas and biodiversity, which are essential for the ecological balance and health of the country. The South-east Network of Marine Parks Determination of Required Fishing Practices, gazetted on 2 February 2018, is an example of how these regulations are applied to specific marine environments, with a clear policy objective of ensuring that commercial fishing activities within designated network management zones are conducted in a manner that does not harm the protected marine ecosystems.

Scope and Application

The determination under sub-regulation 12.34(3) of the Environment Protection and Biodiversity Conservation Regulations 2000, made by Dr. Andrew Read as the Acting Assistant Secretary, applies to all commercial fishing vessels transiting through the specified marine parks in the South-East Network of Marine Parks. These marine parks are listed in the schedule of the determination. The requirement is that such vessels must have all fishing gear stowed and secured while passing through network management zones where commercial fishing operations or the use of particular gear types are not authorised. The term "stowed and secured" implies that all fishing equipment, including nets and lines, must be onboard the vessel and not in contact with the water. This applies to the transit of vessels through these marine parks, defined as en route passage in a straight direction at the fastest practical speed, without stopping except in emergencies or to undertake activities authorised by the South-east Commonwealth Marine Reserve Network Management Plan. This determination revokes the previous requirement published on 16 July 2013. The jurisdictional reach of this determination is confined to the marine parks listed in the Schedule and is intended to ensure compliance with the management practices outlined in the South-east Commonwealth Marine Reserve Network Management Plan.

Key Provisions

The main operative sections of the determination (sections 1 and 2) require that commercial fishing vessels must stow and secure all fishing gear when transiting through network management zones where commercial fishing is not authorised or where a particular type of fishing gear is not authorised. This means that all fishing equipment, including nets and lines, must be on board the vessel and not in contact with the water during transit. The term "transit" is defined as the en route passage of a vessel through a marine park, where the vessel travels in a straight direction as fast as reasonably practical and does not stop for any reason other than in response to an emergency or to undertake an activity authorised by the South-east Commonwealth Marine Reserve Network Management Plan. The obligations imposed on parties governed by this determination include adherence to the specified practices for commercial fishing within the South-East Network of Marine Parks. Fishing vessels must ensure that all fishing gear is stowed and secured when transiting through areas where commercial fishing is not authorised or where a particular type of fishing gear is not authorised. This requirement applies to all vessels, irrespective of the type of fishing gear they are carrying. The definition of "network management zone" and "stowed and secured" provided in the determination helps clarify the scope of these obligations. The determination also revokes a previous determination on the stowing and securing of fishing gear during transit through unapproved areas, indicating a need for updated compliance with the new requirements. In terms of consequences for non-compliance, the determination does not explicitly outline offences, penalties, or specific civil or criminal consequences. However, failure to comply with the requirements to stow and secure fishing gear during transit through network management zones may lead to enforcement actions under the Environment Protection and Biodiversity Conservation Act 1999 or relevant state legislation. These actions could include fines, vessel seizures, or other administrative penalties, although the exact penalties would depend on the applicable laws and the discretion of the enforcement authorities. The revocation of the previous determination signifies that adherence to the updated requirements is mandatory, and non-compliance may result in legal repercussions.