Document ID: chunk:federal_register_of_legislation:F2025N00072:body:0
Version: federal_register_of_legislation:F2025N00072
Segment Type: other
Provision Reference: 
Character Range: 0–3010

Environment Protection and Biodiversity Conservation Regulations 2000
Sub-regulation 12.34(3)
HEARD ISLAND AND MCDONALD ISLANDS MARINE RESERVE
DETERMINATION OF REQUIRED COMMERCIAL FISHING PRACTICES
STOWING AND SECURING FISHING GEAR DURING TRANSIT THROUGH UNAPPROVED AREAS
I, PHILLIP BOXALL, Acting Head of Division, Australian Antarctic, Department of Climate Change, Energy, the Environment and Water, as delegate of the Director of National Parks, pursuant to sub-regulation 12.34(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 HEREBY DETERMINE that for the Heard Island and McDonald Islands (HIMI) Marine Reserve as defined in the Environment Protection and Biodiversity Conservation (Heard Island and McDonald Islands Marine Reserve) Proclamation 2002:
 1.       A person must not cause a commercial fishing vessel with fishing gear to transit through a part of the HIMI Marine Reserve in which fishing operations are not authorised unless all fishing gear on the vessel is stowed and secured.
 2.       A person must not cause a commercial fishing vessel with fishing gear to transit through a part of the HIMI Marine Reserve in which use of a particular gear type is not authorised, unless that gear type is stowed and secured.
 3.       Commercial fishing vessels transiting through zones assigned to IUCN category 1a or II as defined in the Environment Protection and Biodiversity Conservation (Heard Island and McDonald Islands Marine Reserve) Proclamation 2002, must travel at a speed greater than 5 knots.
In this determination:
Heard Island and McDonald Islands Marine Reserve is the area defined in the Environment Protection and Biodiversity Conservation (Heard Island and McDonald Islands Marine Reserve) Proclamation 2002.
Note, the Environment Protection and Biodiversity Conservation (Heard Island and McDonald Islands Marine Reserve) Proclamation 2002 was amended by the Environment Protection and Biodiversity Conservation (Heard Island and McDonald Islands Marine Reserve) Amendment Proclamation 2024.
Stowed and secured means that all fishing apparatus, including nets and lines, are rendered inoperative in zones where fishing is not authorised, including that the apparatus is onboard the vessel and otherwise completely out of the water.
Transit means the en route passage of a vessel through a marine reserve, 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.
Vessel is defined as a ship, boat, tender, raft or pontoon or any other thing capable of carrying persons or goods through or on water and includes a floating structure and hovercraft.
This determination commences on 25 January 2025 and remains in effect until it is revoked or amended.
Dated 24 January 2025

Phillip Boxall
Acting Head of Division, Australian Antarctic Division
Delegate of the Director of National Parks