Amendment of List of Exempt Native Specimens - Australian salmon taken by the Richey Fishing Company in the Tasmanian Scalefish Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of legislation enacted to address the protection of the environment, particularly biodiversity, and to regulate activities that may have significant impacts on the environment. This Act was introduced to fill a gap in the regulation of activities that could potentially harm the environment and biodiversity, ensuring that such activities are managed sustainably and responsibly. The Act is administered by the Commonwealth Government and aims to protect and conserve the nation’s biodiversity, through various mechanisms including the regulation of wildlife trade and the establishment of protected areas. In this context, the 2016 amendment to the list of exempt native specimens under the EPBC Act ensures that certain native species, such as the Australian salmon (Arripis trutta), can be managed within regulated frameworks, provided they are taken lawfully and are part of an approved wildlife trade operation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the protection of biodiversity and the management of activities that have, or are likely to have, a significant impact on matters of national environmental significance. This Act operates on a national level, extending across the Commonwealth of Australia, and applies to various entities, including individuals, corporations, and government bodies. It encompasses a wide range of conduct and transactions, particularly those that may affect biodiversity or lead to the extinction of species. In this particular amendment, the focus is on the regulation of native specimens, specifically Australian salmon (Arripis trutta) taken by the Richey Fishing Company in the Tasmanian Scalefish Fishery. This amendment includes these specimens in the list of exempt native specimens under the EPBC Act, subject to specific conditions, such as lawful taking and compliance with wildlife trade operation declarations. The amendment is an exercise of the powers delegated under the EPBC Act, reflecting a nuanced approach to balancing conservation needs with commercial activities.

Key Provisions

The main operative sections of this amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are sections 303DC(1) and 303DB. Section 303DC(1) empowers the Delegate of the Minister for the Environment to amend the list of exempt native specimens, while section 303DB establishes the list itself. This amendment adds Australian salmon (Arripis trutta) taken by the Richey Fishing Company in the Tasmanian Scalefish Fishery to the list of exempt native specimens, subject to specific conditions (s303DB). The conditions are that the specimens must be taken lawfully and must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act (s303DC(1)). The Act imposes certain obligations and requirements on the parties involved. Firstly, the Richey Fishing Company must ensure that all Australian salmon taken are lawfully obtained, which likely means adhering to all relevant fishing regulations and obtaining necessary permits (s303DC(1)). Secondly, the specimens must be part of an approved wildlife trade operation, which requires the company to comply with all the conditions of the declaration under section 303FN of the EPBC Act (s303DB, s303FN). This might include maintaining records, following specific trade practices, and ensuring that the trade does not negatively impact the conservation of the species. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the amendment itself. However, failure to comply with the conditions under which the Australian salmon are exempt from certain provisions of the EPBC Act could result in legal action. Breach of the conditions might lead to revocation of the exemption, which could, in turn, result in the specimens no longer being exempt from other regulatory provisions. Additionally, unlawful taking of fish or failure to adhere to the approved wildlife trade operation declaration could lead to separate penalties under other sections of the EPBC Act or other relevant legislation. These penalties could include fines and other enforcement actions as stipulated by the respective legislation.