Amendment of List of Exempt Native Specimens - Eastern Tuna and Billfish Fishery (26/08/2014) (inclusion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the environment, particularly biodiversity, by providing a framework for the conservation of Australia's biodiversity and ecological processes. The Act was introduced to fill a critical gap in environmental protection by offering a national approach to the management and conservation of the environment, including native species and ecosystems. The Parliament of Australia is the enacting body for the EPBC Act, and the policy objective is to ensure the protection of the environment, including biodiversity, through the regulation of activities that may have a significant impact on the environment. This specific amendment to the EPBC Act, issued under the authority of the Minister for the Environment, aims to include certain specimens derived from fish or invertebrates taken in the Eastern Tuna and Billfish Fishery, as defined in the Eastern Tuna and Billfish Fishery Management Plan 2010, into the list of exempt native specimens. This amendment is subject to the condition that the specimens were taken lawfully and are included in the list until 22 August 2019. This change seeks to provide a streamlined process for the trade and transport of these specimens while ensuring compliance with existing legal frameworks and conservation objectives.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various persons and entities involved in activities that may impact on matters of national environmental significance. Specifically, the Act regulates the trade and movement of native specimens, including fish and invertebrate species, to protect biodiversity and ensure sustainable use. This particular amendment to the list of exempt native specimens under section 303DB of the EPBC Act pertains to specimens taken in the Eastern Tuna and Billfish Fishery, as outlined in the Eastern Tuna and Billfish Fishery Management Plan 2010. The amendment exempts certain fish and invertebrate specimens from the regulatory requirements under the Act, provided they are taken lawfully and are not listed under Part 13 of the EPBC Act or section 303CA of the EPBC Act (Australia’s CITES list). This exemption is conditional and will remain in effect until 22 August 2019, ensuring a specific timeframe for compliance and monitoring within the fishery. The geographic reach of this amendment is national, as the EPBC Act operates under the Commonwealth jurisdiction to oversee environmental protection across Australia.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is amended to include a new entry on the list of exempt native specimens under section 303DB (1). This amendment, introduced by the Gazette (C2014G01448) and executed by Paul Murphy, the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, adds specimens derived from fish or invertebrates taken in the Eastern Tuna and Billfish Fishery. This addition is subject to specific exclusions, such as specimens belonging to species listed under Part 13 of the EPBC Act and those listed under section 303CA (Australia’s CITES list). The inclusion is valid only until 22 August 2019, and the specimens must be taken lawfully to be exempt. The Act imposes several obligations and requirements on the parties involved. Firstly, any specimens taken in the Eastern Tuna and Billfish Fishery must comply with the definitions and management plans under the Commonwealth Fisheries Management Act 1991. This means that the fishing activities must adhere to the regulations set out in the Eastern Tuna and Billfish Fishery Management Plan 2010. Additionally, entities involved in the trade or transportation of these specimens must ensure that the specimens are derived from lawful catches and do not belong to any listed species or taxa that are protected under the EPBC Act or CITES. Compliance with these conditions is necessary to benefit from the exemption provided by the Act. Breach of the provisions outlined in the EPBC Act, particularly concerning the illegal taking of specimens or failure to adhere to the specified conditions, can result in significant consequences. The Act provides for both civil and criminal penalties for non-compliance. Under section 514 of the EPBC Act, a person found guilty of an offence may face fines and imprisonment. For corporations, the penalties can be more severe, with fines reaching up to $210,000 for serious offences and $10,500 for lesser ones. Individuals found guilty may face fines up to $21,000 or imprisonment for up to one year, or both, for similar breaches. These penalties underscore the seriousness with which the Act treats non-compliance, ensuring that the regulations designed to protect native species and their habitats are upheld.