Document ID: chunk:federal_register_of_legislation:F2018N00090:body:0:p1
Version: federal_register_of_legislation:F2018N00090
Segment Type: other
Provision Reference: 
Character Range: 0–2895

Environment Protection and Biodiversity Conservation Regulations 2000
Sub-regulation 12.34(3)

DETERMINATION OF COMMERCIAL FISHING PRACTICES
TEMPERATE EAST NETWORK OF MARINE PARKS

I, Jason Mundy, Acting Director of National Parks, under sub-regulation 12.34(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 HEREBY DETERMINE that for each of the Marine Parks in the Network, being the Marine Parks listed in Schedule 1 hereto, the following practices in commercial fishing are to be followed:

     1. vessels (other than vessels engaged in cage towing) transiting a Marine Park, or zone within a Marine Park, that is assigned to IUCN category II (national park), as described in Schedule 2 hereto, must travel at a speed greater than 5 knots; and

     2. fish may only be processed or transhipped in zones in which use of a gear type or fishing method for the taking of that fish is authorised by the Temperate East Marine Parks Network Management Plan 2018 or the Class Approval issued by the Director of National Parks for commercial fishing in the Network; and

      3. vessels transiting or stopping and anchoring in zones in which fishing, or use of fishing gear on board the vessel, is not authorised by the Temperate East Marine Parks Network Management Plan 2018 or the Class Approval issued by the Director of National Parks for commercial fishing in the Network, must have the fishing gear stowed and secured at all times.

Note: Paragraphs (b) and (c) do not apply to commercial fishing practices conducted in accordance with an authorisation issued by the Director of National Parks.

In this determination:

stowed and secured means all fishing apparatus, including nets and lines, are rendered inoperative, including that the apparatus is inboard the vessel, and otherwise completely out of the water; and

transiting means the continuous and expeditious passage of a vessel through an area whereby the vessel does not stop for any reason other than in response to an emergency or to render assistance to persons, aircraft or vessels in danger or distress.

Dated this 27 th day of June 2018

SIGNED

Jason Mundy
SCHEDULE 1
TEMPERATE EAST NETWORK OF MARINE PARKS
    Gifford Marine Park
    Norfolk Marine Park
    Lord Howe Marine Park
    Central Eastern Marine Park
    Solitary Islands Marine Park
    Cod Grounds Marine Park
    Hunter Marine Park
    Jervis Marine Park

SCHEDULE 2
IUCN II PARKS AND ZONES
Cod Grounds Marine Park, and the zones within Norfolk, Lord Howe, Central Eastern, and Solitary Islands Marine Parks that are assigned to IUCN category II (national park), being the areas shown in marine park maps in Schedule 2 and described in Schedule 4 to the Temperate East Marine Parks Network Management Plan 2018, as specified below:
Marine Park                   Zone Number/s                Clause describing the