Document ID: chunk:federal_register_of_legislation:F2008B00493:body:0:p3
Version: federal_register_of_legislation:F2008B00493
Segment Type: other
Provision Reference: 
Character Range: 5054–7761

southern
region of the Marine Park (from Cape Bedford to Hervey Bay), which includes
the Area. The Authority considers the Area to be the most important dugong
habitat in the region.

Dugongs feed on intertidal seagrass meadows in the Area. These meadows
are also harvested for fish by fishers using mesh nets, in which at least 12
dugongs are believed to have drowned in 1994 and 1995.

Further information about dugongs, and their conservation, is set out in the
Preface (Recovery plan for dugongs in Shoalwater Bay).

3. Endangered species—dugong

For paragraph 39Y (b) of the Act, the Authority considers that
Dugong dugon (commonly known as dugong) is an endangered species in the
Area.

4. Management of use

For paragraph 39Y (c) of the Act, the Authority considers that the
netting of fish is an activity that must be managed in the Area on the basis of
ecologically sustainable use.

[Note: Section 39Y of the Act sets out the objects of plans of management. Those objects are:

(a) to ensure, for particular areas of the Marine Park in which the Authority considers
 that nature conservation values, cultural and heritage values, or scientific values
 are, or may be, threatened, that appropriate proposals are developed to reduce or
 eliminate the threats; and

(b)  to ensure that species and ecological communities that are, or may become,
 vulnerable or endangered are managed to enable their recovery and continued
 protection and conservation; and

(c) to ensure that activities within areas of the Marine Park are managed on the basis
 of ecologically sustainable use; and

(d) to provide a basis for managing the uses of a particular area of the Marine Park
 that may conflict with other uses of the area or with the values of the area; and

(e) to provide for the management of areas of the Marine Park in conjunction with
 community groups in circumstances where those groups have a special interest
 in the areas concerned; and

(f) to enable people using the Marine Park to participate in a wide range of
 recreational activities.]

PART 3  RELEVANT PERMISSIONS

5. Collecting dugong

5.1 The Authority must not grant a person a relevant permission to enter
into or use a zone in the Area for the purpose of collecting dugong, unless the
collecting is for the conduct of research.

5.2 However, the Authority may grant a person a relevant permission to
enter into or use a zone in the Area for the purpose of traditional hunting and
gathering (including the traditional hunting and gathering of dugong).

PART 4  ENFORCEMENT PROVISIONS

INTRODUCTORY NOTES TO PART 4
1.  Regulations may be made providing for giving effect to the enforcement
provisions of a plan of management or to