State marine reserves (marine parks)
The Department of Biodiversity, Conservation and Attractions (DBCA) is the lead agency responsible for the planning and management of state marine reserves, in collaboration with Traditional Owners. Marine parks and reserves are created under the Conservation and Land Management Act 1984.
Once a state marine reserve is implemented, the Department of Primary Industries and Regional Development (DPIRD) is responsible for legislating relevant fishing closures under the Fish Resources Management Act 1994, as well as undertaking marine park compliance and commercial fishing compensation processes. DPIRD collaborates with DBCA and Traditional Owners for the ongoing management of marine reserves, which includes education on permitted uses within the reserves, ensuring compliance with fishing rules, and undertaking research and monitoring of the condition of finfish, sharks, rays and invertebrates.
The purpose of a marine park is not to manage fisheries. Marine parks work alongside fisheries management and environmental protection laws to keep our aquatic environment and marine ecosystems healthy and resilient.
DPIRD uses a range of fisheries management tools to assist with the sustainable management of fish stocks and to achieve fisheries management objectives. These tools can be broadly categorised as either input controls or output controls including bag and size limits, licences, gear restrictions and closed seasons, used to manage all types of fishing.
While marine parks are not fisheries management tools, they work alongside fisheries management and environmental protection laws to keep our aquatic environment and marine ecosystems healthy and resilient.
Recreational fishing is not allowed in some marine protected areas (MPAs).
State Marine reserve (marine park) legislation
Explore the regions for a full list of MPAs
Australian marine parks
DPIRD works with Parks Australia on the collaborative management of the North-west Marine Parks Network and the South-west Marine Parks Network to progress compliance, education and research initiatives.
Fishing activities are prohibited in sanctuary zones (IUCN Ia) and national park zones (IUCN II) and fishing gear must be kept stowed and secured when in these zones.
Where recreational fishing is allowed in Australian Marine Parks off WA it must be done in accordance with the WA recreational fishing rules, including species, bag and size limits, seasonal closures, gear restrictions and licence requirements. Information about the zoning and fishing rules and restrictions in Australian marine parks is available.
Information about zoning and fishing rules in Australian marine parks
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North-west Marine Parks Network
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South-west Marine Parks Network
Marine park compensation
Information is available about compensation for financial loss as a result of a marine park being declared.
Marine park compensation FAQs
Commercial fishers may be entitled to compensation as a result of a marine park being declared. The process for determining whether compensation is payable is governed by the Fishing and Related Industries Compensation (Marine Reserves) Act 1997 (FRICMA). A key element of FRICMA is that a person is only eligible for compensation if they suffer a loss in the market value of their authorisation as a result of either:
- the reservation of an area of water as a marine park, or
- the implementation of the zoning scheme under the marine park management plan.
These are termed relevant events under FRICMA.
DPIRD will advise all licensees in fisheries impacted by a marine park and the Western Australian Fishing Industry Council (WAFIC) when it is time to apply for compensation. It will also be advertised in The West Australian newspaper.
You can make an application for compensation with respect to:
- an aquaculture lease
- an acquaculture licence
- a commercial fishing licence
- a fishing boat licence
- a fish processor's licence
- a farm lease
- a managed fishery licence
- an interim managed fishery licence
- a hatchery licence
- a hatchery permit
- a pearling lease, or
- a pearling permit.
DPIRD supports payment of fair and reasonable compensation to fishers who suffer loss in the market value of their authorisation as a result of a marine park coming into effect.
The first key step to the compensation process is determining wheather a person is entitled to compensation. The second key step is determining the amount of compensation payable. If agreement cannot be reached on either being entitled to, or the amount of, compensation the decision/s may be independently reviewed or made by the State Administrative Tribunal (SAT).
Step 1
Minister for Fisheries muct, as soon as possible, publish a notice inviting affected persons to apply for compensation.
Step 2
The Minister must determine whether or not the affected person is entitled to compensation, and notify that peron of the decision within 30 days of receiving an application.
Step 3
If the Minister for Fisheries determines the affected person is entitled to compensation then the Minister is to commence negotiations with the affected person with a view to settling the amount of compensation payable to the person, and setting out the terms of the agreement.
Step 4
If agreement cannot be reached on the amount payable within 60 days of the decision on being entitled to compensation is made, the affected person or the Minister may apply to the SAT to determine the amount of compensation payable.
DPIRD will work through applications on a fishery by fishery basis, though negotiations may occur concurrently for multiple fisheries.
The Minister will write to you advising whether they consider you are entitled to receive compensation. DPIRD will then commence negotiations with you on the Minister's behalf. At that point, you may be asked to provide any information you have in support of your application. Following negotiations with DPIRD, the Minister will enter into an agreement with you with respect to the quantum of compensation to be paid.
You can request a review by the State Administrative Tribunal if:
- the Minister determines that you are not entitled to compensation; and
- agreement on the amount of compensation to be paid is not reached within 60 days of a person being advised that they are entitled to compensation.
Fishing in a marine protected area?
Restrictions may apply to fishing activities in MPAs.
Learn more