Amendment of List of Exempt Native Specimens - Tasmanian Scalefish Fishery (inclusion)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive legal framework to protect and manage Australia's environment and biodiversity. This Act provides mechanisms for the protection of the environment from significant impacts, particularly those associated with Commonwealth actions and activities. The Act also includes provisions for the regulation of international and interstate wildlife trade to prevent the extinction of species and ensure their sustainable use. The legislative amendment detailed in the gazette C2013G01950 adds Gould’s squid (Nototodarus gouldi) to the list of exempt native specimens under the EPBC Act. This amendment was made by Paul Murphy, the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, as a delegate of the Minister for the Environment, and it aims to facilitate the lawful taking of Gould’s squid by Rossglengary Pty Ltd T/A Aqua Marine in the Tasmanian Scalefish Fishery, while ensuring compliance with the provisions of the EPBC Act and other relevant fisheries management regimes. The policy objective of this amendment is to allow for the regulated and sustainable harvesting of Gould’s squid within the defined parameters of the Tasmanian Scalefish Fishery, ensuring that the activity is conducted in a manner that does not compromise the conservation status of the species. By including this species on the list of exempt native specimens, the amendment seeks to balance the needs of the fishery with the overarching goal of biodiversity conservation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities, including individuals, corporations, and other legal persons involved in activities that may impact the environment and biodiversity. In this instance, the amendment to the list of exempt native specimens concerns a specific entity, Rossglengary Pty Ltd T/A Aqua Marine Tasmania, operating within the confines of the Tasmanian Scalefish Fishery. This entity is subject to the regulations and conditions specified in the Tasmanian Living Marine Resources Management Act 1995 and the Tasmanian Fisheries (Scalefish) Rules 2004. The amendment extends to the specimens of Gould’s squid (Nototodarus gouldi) taken by this entity, provided they adhere to the stipulated conditions of lawful capture and compliance with the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. The jurisdictional reach of this amendment is Commonwealth-wide, as it is an amendment to a federal act, although it specifically pertains to activities within the state of Tasmania. The exclusions and conditions are clearly defined to ensure that the amendment does not inadvertently permit illegal activities or undermine the protections afforded by the EPBC Act.

Key Provisions

The main operative sections of this legislation (section 303DC(1)) enable the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as a delegate of the Minister for the Environment, to amend the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, the amendment involves the inclusion of Gould’s squid (Nototodarus gouldi) taken by Rossglengary Pty Ltd T/A Aqua Marine Tasmania, within the Tasmanian Scalefish Fishery as defined under the Tasmanian Living Marine Resources Management Act 1995 and the Tasmanian Fisheries (Scalefish) Rules 2004. This addition to the list comes with certain restrictions or conditions. Firstly, the specimens must have been taken lawfully, and secondly, they must be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. The obligations imposed by this Act on the parties or entities it governs primarily relate to ensuring compliance with the conditions attached to the exemption. For instance, Rossglengary Pty Ltd T/A Aqua Marine Tasmania must ensure that any Gould’s squid taken from the fishery are derived from fish or invertebrates that were taken lawfully. Additionally, they must obtain and maintain a declaration from an approved wildlife trade operation under section 303FN of the EPBC Act, ensuring the specimens meet the criteria for exemption. This involves adhering to the specific management regime and rules governing the Tasmanian Scalefish Fishery as established under the Tasmanian Living Marine Resources Management Act 1995 and the Tasmanian Fisheries (Scalefish) Rules 2004. Failure to comply with the provisions of the EPBC Act or the conditions specified in this amendment can lead to various consequences. While the specific penalties for breaching these conditions are not detailed in the text, breaches of the EPBC Act generally can result in both civil and criminal penalties. Civil penalties can include fines, and in more serious cases, criminal penalties can include imprisonment. The exact penalties depend on the severity and nature of the breach, as well as any relevant case law and guidelines established by the courts. It is important for entities like Rossglengary Pty Ltd to understand these obligations to avoid any legal repercussions.