Amendment of List of Exempt Native Specimens - Queensland East Coast Inshore Fin Fish Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation was introduced to address the gap in comprehensive environmental protection and management by establishing a framework that considers the impact of activities on the environment. The EPBC Act is administered by the Commonwealth Government, specifically under the authority of the Minister for the Environment. The policy objective of this Act is to ensure that the environment, including wildlife, is protected from significant impacts arising from proposed activities. In the context of the provided amendment, the Act was used to adjust the list of exempt native specimens, ensuring that certain specimens taken in specific fisheries are still subject to certain conditions to maintain regulatory oversight and compliance with international wildlife trade agreements.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the Gazette C2015G01600, pertains to the regulation of native specimens, particularly those derived from fish or invertebrates taken in the Queensland East Coast Inshore Fin Fish Fishery. This amendment applies to individuals and entities engaged in the harvesting, trading, or transportation of native specimens within Australia's jurisdiction. The Act extends its reach to ensure that these activities comply with both national and international conservation standards, specifically excluding specimens listed under Part 13 of the EPBC Act and those on Australia's CITES list. It mandates that specimens must be lawfully taken and must be part of an approved wildlife trade operation as declared under section 303FN of the EPBC Act. This amendment further refines the regulatory framework, ensuring stricter oversight and adherence to conservation measures for the specified fishery.

Key Provisions

The amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), published on 30 September 2015, involves a significant alteration to the list of exempt native specimens under section 303DB. This change, detailed in the Gazette C2015G01600, primarily affects specimens derived from fish or invertebrates taken in the Queensland East Coast Inshore Fin Fish Fishery, as defined under the Queensland Fisheries Act 1994. The amendment revokes previous conditions attached to these specimens, subject to the exclusion of those belonging to species listed under Part 13 of the EPBC Act and those listed under section 303CA (Australia’s CITES list). Instead, it imposes new conditions, including that the specimens must have been taken lawfully and that they must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. Under the revised conditions, the entities and parties involved, primarily those engaged in the Queensland East Coast Inshore Fin Fish Fishery, must ensure that any specimens of fish or invertebrate origin comply with the specified legal and operational frameworks. This means that these specimens must not only be obtained in accordance with the relevant state laws but also be declared as part of an approved wildlife trade operation. This requirement ensures that the trade of these specimens aligns with the broader objectives of biodiversity conservation and sustainable use of natural resources. Failure to comply with the new conditions could result in significant consequences. The EPBC Act imposes both civil and criminal penalties for non-compliance with its provisions. While the specific penalties for breaches related to this particular amendment are not detailed in the text, generally, the Act allows for substantial fines and potential imprisonment. The exact penalties may vary depending on the severity and circumstances of the breach, but they are intended to enforce strict adherence to the conservation and trade regulations established by the Act. The seriousness of these penalties underscores the importance of compliance for all parties involved in the trade of native specimens.