Amendment of List of Exempt Native Specimens – Queensland Commercial Trawl (Fin Fish) Fishery, May 2020.

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2020L00633 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Amendment of List of Exempt Native Specimens – Queensland Commercial Trawl (Fin Fish) Fishery

(Issued by the authority of the delegate of the Minister for the Environment specified in the enabling legislation)

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) places certain obligations on the Commonwealth to protect and conserve Australia’s native wildlife by regulating international trade in order to protect targeted species against over exploitation and to protect Australian and international ecosystems.

Section 303DB of the EPBC Act provides for the establishment of a list of exempt native specimens (the list). Specimens included in the list are exempt from the trade control provisions that apply to regulated native specimens.

Purpose and operation

On 19 December 2019 the Queensland Department of Agriculture and Fisheries (QDAF) applied for assessment of the Queensland Commercial Trawl (Fin Fish) Fishery under the EPBC Act. In assessing this application, the Department of Agriculture, Water and the Environment (the Department) sought additional information from QDAF on the management arrangements for the fishery.

The purpose of this instrument is to revoke the conditions to which the inclusion of the following item in the list registered on 13 February 2020 is subject. This extends export approval for the fishery for three months, while the Department completes its assessment:

  • Specimen that are, or are derived from, fish or invertebrates taken in the Queensland Commercial Trawl (Fin Fish) Fishery as defined in the management regime in force under the Fisheries Act 1994 (Queensland) and Fisheries (General) Regulation 2019, Fisheries (Commercial Fisheries) Regulation 2019, Fisheries Declaration 2019 and Fisheries Quota Declaration 2019 (Queensland), but not including:
  1. specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s list of Migratory Species), or
  2. specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s list of Marine Species), or
  3. specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
  4. specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List).

and impose the following conditions to which the inclusion of the specimens in the list is subject:

  • The specimen, or the fish or invertebrate from which it is derived, was taken lawfully and the specimens are included in the list until 31 August 2020.

Revoking the conditions and imposing the above conditions will allow continued export of these specimens without the need for export permits until 31 August 2020. A link to the instrument is accessible via the Department of the Environment and Energy’s (the Department’s) website at http://www.environment.gov.au/marine/fisheries/qld/commercial-trawl.

Incorporation

All Queensland legislation referred to in the instrument is incorporated as in force at the time this instrument commences. All Queensland legislation incorporated by reference in the instrument can be freely accessed on the Queensland Legislation website: https://www.legislation.qld.gov.au/ (as of May 2020).

Commonwealth Acts and disallowable instruments (or instruments which were disallowable under Commonwealth legislation at any time before 1 January 2005) referred to in this instrument are incorporated as in force from time to time (section 14 of the Legislation Act 2003). However, references to Commonwealth instruments which are exempt from disallowance are incorporated as in force at the time this instrument commences (section 14 of the Legislation Act 2003).

All Commonwealth legislation can be freely accessed at the Federal Register of Legislation – https://www.legislation.gov.au/.

Specimens that may be included in the list

The list established under section 303DB(1) of the EPBC Act must not include a specimen that belongs to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species).

The list established under section 303DB(1) of the EPBC Act must not include a specimen that belongs to an eligible listed threatened species unless the conditions in subsection 303DB(6) are satisfied. Under the EPBC Act, eligible listed threatened species are those species listed in the extinct, extinct in the wild, critically endangered, endangered, or vulnerable categories established under section 178 of the EPBC Act (see sections 303BC and 528 of the EPBC Act. 

Those specimens that belong to species listed in the conservation dependent category of the EPBC Act are not eligible listed threatened species and may therefore be included in the list, subject to the conditions provided in the notation.

In accordance with section 303CA of the EPBC Act, specimens that are derived from taxa that are listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are not included in the list.

Assessment of specimens

In determining to include the specimens in the list, the Minister’s delegate had regard to the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’. These guidelines establish the criteria for assessment of the ecological sustainability of the relevant fishery’s management arrangements.

Consultation

Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for the Environment must consult such other Commonwealth minister or ministers and such other minister or ministers of each state and self-governing territory, as the minister considers appropriate. The minister may also consult with such other persons and organisations as the minister considers appropriate.

The Queensland Department of Agriculture and Fisheries has been consulted and supports amending the list to include product derived from the Queensland Commercial Trawl (Fin Fish) Fishery.

This instrument is a legislative instrument for the purposes of the Legislation Act 2003.

The instrument commences the day after it is registered.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Amendment of List of Exempt Native Specimens – Queensland Commercial Trawl (Fin Fish) Fishery

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Purpose and operation

On 19 December 2019 the Queensland Department of Agriculture and Fisheries (QDAF) applied for assessment of the Queensland Commercial Trawl (Fin Fish) Fishery under the EPBC Act. In assessing this application, the Department of Agriculture, Water and the Environment (the Department) sought additional information from QDAF on the management arrangements for the fishery.

The purpose of this instrument is to revoke the conditions to which the inclusion of the following item in the list registered on 13 February 2020 is subject. This extends export approval for the fishery for three months, while the Department completes its assessment:

  • Specimen that are, or are derived from, fish or invertebrates taken in the Queensland Commercial Trawl (Fin Fish) Fishery as defined in the management regime in force under the Fisheries Act 1994 (Queensland) and Fisheries (General) Regulation 2019, Fisheries (Commercial Fisheries) Regulation 2019, Fisheries Declaration 2019 and Fisheries Quota Declaration 2019 (Queensland), but not including:
  1. specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s list of Migratory Species), or
  2. specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s list of Marine Species), or
  3. specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
  4. specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List).

and impose the following conditions to which the inclusion of the specimens in the list is subject:

  • The specimen, or the fish or invertebrate from which it is derived, was taken lawfully and the specimens are included in the list until 31 August 2020.

Revoking the conditions and imposing the above conditions will allow continued export of these specimens without the need for export permits until 31 August 2020. A link to the instrument is accessible via the Department’s website at http://www.environment.gov.au/marine/fisheries/qld/commercial-trawl.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

SIGNED

Louise Vickery

Assistant Secretary

Environment Approvals and Wildlife Trade Branch

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a unified approach to the protection and conservation of Australia’s native wildlife, including regulating international trade to prevent over exploitation and protect ecosystems. The Act places obligations on the Commonwealth to manage and conserve biodiversity and heritage places, including the regulation of international trade in native species. The Act's policy objective is to ensure that the management of native species and ecosystems is ecologically sustainable and aligns with international obligations. The instrument under review amends the List of Exempt Native Specimens, extending export approval for the Queensland Commercial Trawl (Fin Fish) Fishery until 31 August 2020. This change allows continued export of specimens from the fishery without the need for export permits while the Department of Agriculture, Water and the Environment completes its assessment of the fishery’s management arrangements. The instrument revokes previous conditions and imposes new conditions, ensuring that specimens taken lawfully are included in the list until 31 August 2020, while excluding certain taxa, including those listed under the EPBC Act and CITES. This amendment is aimed at facilitating the assessment process and ensuring compliance with the EPBC Act's ecological sustainability criteria.

Scope and Application

The Amendment of List of Exempt Native Specimens – Queensland Commercial Trawl (Fin Fish) Fishery (F2020L00633) serves to modify the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This instrument specifically applies to specimens derived from fish or invertebrates caught in the Queensland Commercial Trawl (Fin Fish) Fishery, which must comply with the management regime established under the Fisheries Act 1994 (Queensland) and related regulations. However, the exemption does not cover specimens belonging to taxa listed under section 209 (Migratory Species) or section 248 (Marine Species) of the EPBC Act, eligible listed threatened species under section 303BC of the EPBC Act, or taxa listed under section 303CA (Australia’s CITES List). The purpose of this legislative instrument is to revoke existing conditions on the exemption and impose new conditions that allow the continued export of these specimens without the need for export permits until 31 August 2020. This amendment is confined to the Commonwealth jurisdiction and is designed to facilitate the Department of Agriculture, Water and the Environment's assessment of the fishery's management arrangements. The instrument is a legislative instrument under the Legislation Act 2003 and commences the day after it is registered.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) sets out the framework for the protection and conservation of Australia's native wildlife and ecosystems. Under this Act, Section 303DB provides for the establishment of a list of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The legislative instrument in question (F2020L00633) pertains to the amendment of this list to include specimens derived from the Queensland Commercial Trawl (Fin Fish) Fishery. Specifically, Section 303DB(6) of the EPBC Act is invoked to allow for the inclusion of these specimens in the list, subject to certain conditions. The main operative sections of the legislative instrument revoke existing conditions on the inclusion of specimens from the Queensland Commercial Trawl (Fin Fish) Fishery in the list of exempt native specimens. This amendment extends the export approval for these specimens until 31 August 2020, while the Department of Agriculture, Water and the Environment completes its assessment. The specimens included in the list must be derived lawfully from fish or invertebrates taken in the Queensland Commercial Trawl (Fin Fish) Fishery, as defined under relevant Queensland legislation, but must exclude specimens that belong to certain listed taxa. These include species listed under sections 209 (Australia’s List of Migratory Species), 248 (Australia’s List of Marine Species), 303BC (eligible listed threatened species), and 303CA (Australia’s CITES List) of the EPBC Act. The Act imposes several obligations on the parties involved. The specimens must be taken lawfully and must comply with the specified exclusions. The Queensland Department of Agriculture and Fisheries (QDAF) has a responsibility to provide necessary information and management arrangements to support the assessment process. Additionally, the Department of Agriculture, Water and the Environment is tasked with conducting the assessment and ensuring that the inclusion of these specimens in the list aligns with the ecological sustainability criteria outlined in the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’. There are no explicit offences or penalties mentioned in the legislative instrument for breach of its provisions. However, the consequences of non-compliance could include the revocation of the exemption, thereby necessitating export permits for the specimens. Given that the Act's overarching goal is to protect native wildlife and ecosystems, any activities that contravene the provisions of the EPBC Act, including the unauthorised export of specimens, could result in substantial penalties under other sections of the Act. For example, unauthorised trade in listed species can incur significant fines and imprisonment terms, as stipulated in other sections of the EPBC Act.

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