Amendment of List of Exempt Native Specimens - Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery, WA (25/02/2009)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the biodiversity, and to establish a framework for the conservation of native species and ecosystems. One of the mechanisms through which the Act achieves this is by regulating the trade of native specimens, distinguishing between regulated and exempt specimens. This legislative instrument, F2009L00720, amends the List of Exempt Native Specimens under Section 303DC of the EPBC Act. The problem it addresses is the need to facilitate the export of certain fish and invertebrate specimens from a specific fishery while ensuring compliance with the broader ecological sustainability criteria outlined in the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. Enacted by the Delegate of the Minister for Environment, Heritage and the Arts, the policy objective of this amendment is to align with the sustainability guidelines and facilitate lawful trade until 26 March 2009, while also ensuring appropriate consultation with relevant stakeholders and consideration of public comments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as expressed in the legislative instrument F2009L00720, pertains specifically to specimens of fish or invertebrates taken in the Western Australian Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery, under the Western Australian Fish Resources Management Act 1994, provided they are not species listed under Part 13 of the EPBC Act. These specimens are exempt from the trade control provisions that apply to regulated native specimens, thereby facilitating their export. The inclusion of these specimens on the list of exempt native specimens is conditional on their lawful acquisition and is set to remain in effect until 26 March 2009. This legislative amendment ensures the continued export of these specimens while adhering to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries, which provide a framework for assessing the ecological sustainability of fisheries management arrangements.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes provisions for the management of native specimens, particularly through the list of exempt native specimens under Section 303DB. This legislative instrument amends the list by adding certain specimens derived from fish or invertebrates, provided they are taken in the Western Australian Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery, unless these species are listed under Part 13 of the EPBC Act (Section 303DC). The inclusion of these specimens on the list exempts them from the trade control provisions applicable to regulated native specimens, effectively allowing their export until 26 March 2009, subject to specific conditions (Section 303DC(1)(b)). These conditions require that the specimens must have been taken lawfully and are included on the list until the specified date. Under the amended EPBC Act, there are specific obligations placed on parties involved in the management and export of these specimens. The inclusion of specimens on the list of exempt native specimens requires that they be derived from lawful fishing activities, ensuring compliance with both state and federal fisheries management regulations (Section 303DC(1)(b)). Furthermore, there is a requirement for consultation with relevant stakeholders, including state ministers and other relevant authorities, prior to making amendments to the list (Section 303DC(3)). This ensures that the decision to exempt these specimens is made with due consideration of ecological sustainability and management practices. The legislation also outlines potential consequences for non-compliance with the provisions outlined in the Act. Although specific penalties are not detailed in the explanatory statement, breaches of the EPBC Act can lead to civil and criminal penalties. These can include fines and imprisonment, as stipulated under the general provisions of the Act. For instance, unauthorised trade in native specimens can attract substantial penalties, reflecting the importance of adhering to the regulations designed to protect biodiversity and ensure sustainable practices. In summary, the legislative instrument amends the EPBC Act to exempt certain fish and invertebrate specimens from trade control provisions, subject to conditions of lawful taking and a specified duration. It imposes obligations on parties to ensure compliance with lawful fishing practices and mandates consultation with relevant authorities. Failure to comply with these provisions can result in civil or criminal penalties, highlighting the importance of adherence to the regulations designed to protect Australia's biodiversity.