Fish Habitat Protection Areas
Fish and their habitats can now have special protection and management in Western Australian waters with the establishment of a Fish Habitat Protection Area (FHPA).
These areas can be set aside under section 115 of the Fish Resources Management Act 1994 (FRMA) for the following purposes:
- the conservation and protection of fish, fish breeding areas, fish fossils or the aquatic eco-system;
- the culture and propagation of fish and experimental purposes related to that culture and propagation; or
- the management of fish and activities relating to the appreciation or observation of fish.
 |
| Baldchin Grouper (Choerodon Rubescens) |
Under the FRMA fish can include a range of organisms such as fin fish, crustaceans, molluscs, corals, seagrasses and algae at all stages of their life cycles.
However, it does not include mammals, birds, amphibians or reptiles - these are protected under the Wildlife Conservation Act.
Management of a FHPA must be designed and carried out to achieve the purposes outlined above and cannot be used to achieve other objectives. For example, the Minister could regulate to control the taking of rock lobsters by commercial or recreational fishers, or to prevent the construction of jetties or moorings which might damage coral or other fragile marine formations.
However, regulations could not be introduced to control wind surfing or general boating activity unless it could be demonstrated that they were required to protect fish or their habitats.
Management of fish can involve a number of different activities, including research, to develop an understanding of a range of species and their dependence on the aquatic environment.
This understanding enables the Department of Fisheries to work with the community and advisory committees. Together, they can make recommendations to the Minister about issues such as daily bag and size limits on recreational fishing, closure of seasons and the allocation of resources between commercial and recreational fishers.
The provision in the FRMA enabling the culture of fish allows aquaculture activities to be included in the planning and management process for a proposed FHPA.
 |
| Blue Swimmer Crab (Portunus pelagicus) |
For example, the plan for management could require the Department of Fisheries to advertise all fish culturing activities before any proposals are considered or approved. This would enable interested people to obtain the information they require to judge the effect of these activities on fish populations and habitat.
The provision for the appreciation or observation of fish recognises their unique value and enables the Department of Fisheries to provide resources to encourage public interest in the conservation and management of fish and their habitats.
Plan for Management
The Minister and the Department of Fisheries can undertake much of the work outlined above using the powers conferred by the FRMA without the proclamation of a FHPA.
The Minister can regulate to protect any species of fish or close areas to fishing should this be necessary to protect any fish stock. In addition, the Department of Fisheries has ongoing community awareness and involvement programs.
 |
| WA Dhufish (Glaucosoma hebraicum) |
However, the setting aside of a FHPA requires a management planning and public involvement process. This enables interested groups and individuals to have a direct say in how the area should be managed to protect fisheries values. This process reduces the risk of ad hoc decisions. The preparation of a draft plan for management would enable the public to make a contribution to the development of management aims and objectives and the preparation of strategies prepared to deal with issues.
After the draft plan has been completed the public will have an opportunity to comment before the Minister determines if he should proceed with proclamation of an FHPA.
After proclamation the Department of Fisheries must manage the FHPA in accordance with the plan of management.
Who Manages a Fish Habitat Protection Area?
Areas set aside as FHPAs are controlled by the Minister for Fisheries. He may appoint a Management Advisory Committee to advise him about the management of the area. Alternatively he may vest a FHPA in a body corporate which would confer responsibility for management on that body. the Department of Fisheries would retain direct responsibility for enforcing regulations.
FHPs and Marine Parks
Fish Habitat Protection Areas and Marine Parks cannot exist in the same area, as their rules and management differ. If a Marine Park exists in an area, a FHPA cannot also be created there. If a FHPA is already in place when a Marine Park is established, the FHPA will be cancelled.
The Department of Fisheries also manages recreational and commercial fishing, aquaculture and pearling in Marine Parks. This management is in accordance with a management plan for fish resources prepared by the Department of Fisheries in consultation with the community and the Department of Conservation and Land Management. If a Fish Habitat Protection Area were to be replaced by a Marine Park, the management plan for the FHPA would be adapted to fulfil this purpose.
| Top |
