Declaration of an Approved Wildlife Trade Operation - Australian Southern Bluefin Tuna 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, and the conservation of Australia's biodiversity. The Act was introduced to address the need for a more integrated approach to environmental protection and biodiversity conservation, encompassing both terrestrial and marine environments, and integrating with other relevant legislation. The EPBC Act is administered by the Commonwealth Parliament, with the policy objective of ensuring the ecological sustainability of activities and species, while also promoting the conservation of Australia's unique natural heritage. In July 2013, the Minister for the Environment, Heritage and Water, Mark Butler, declared the operations for the harvesting of specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the EPBC Act, taken in the Australian Southern Bluefin Tuna Fishery, as an approved wildlife trade operation under section 303FN of the EPBC Act. This declaration was made following consideration of the application from the Australian Fisheries Management Authority and the Department of Agriculture, Fisheries and Forestry, public comments on the proposal, and advice on the ecological sustainability of the operation. The declaration is subject to specific conditions relating to the operation of the fishery, as outlined in the Schedule, and is valid until 22 July 2016, unless amended or revoked.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth statute that provides for the protection of the environment and biodiversity in Australia. The Act applies to a wide range of entities and activities, including individuals, corporations, and government bodies, as well as activities that may have a significant impact on the environment, biodiversity, or world heritage properties. The Act has a national reach, covering all territories and states within Australia. The declaration of an approved wildlife trade operation under section 303FN of the EPBC Act specifies the operations for the harvesting of fish or invertebrate specimens, excluding those derived from species listed under Part 13 of the Act, taken in the Australian Southern Bluefin Tuna Fishery. This declaration is subject to the conditions specified in the Schedule, which outline the management arrangements and reporting requirements for the fishery. The operation of the fishery must adhere to the Southern Bluefin Tuna Fishery Management Plan 1995 and include measures such as the implementation of catch monitoring technologies, accounting for all sources of mortality, and ensuring robust scientific observer coverage. The Act may be extended or restricted through subordinate instruments, which provide further detail and specifications for the implementation of the Act.

Key Provisions

The main provisions of the declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303FN) are that the operations for the harvesting of fish or invertebrate specimens, excluding those of species listed under Part 13 of the EPBC Act, taken in the Australian Southern Bluefin Tuna Fishery are recognised as an approved wildlife trade operation. This declaration is valid until 22 July 2016 and is subject to specific conditions outlined in section 303FT (section 303FN(2) and paragraph 303FN(10)(d)). The operation of the fishery will be in line with the Southern Bluefin Tuna Fishery Management Plan 1995, in force under the Fisheries Management Act 1991. The obligations imposed by the Act on the parties involved are comprehensive. The Australian Fisheries Management Authority (AFMA) must notify the Department of Sustainability, Environment, Water, Population and Communities of any intended changes to the fishery’s management arrangements that could impact the ecological sustainability assessment (section 303FT(2)). AFMA is also required to submit annual reports to the Department, adhering to the guidelines specified in Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition (section 303FT(3)). Additionally, the management arrangements must incorporate appropriate catch monitoring technologies to ensure reliable estimates of catch in the purse seine sector (section 303FT(4)). The arrangements must account for all sources of mortality of southern bluefin tuna, including reliable estimates of recreational and charter fishing catches (section 303FT(5)). Furthermore, these arrangements must implement all relevant measures agreed by the Commission for the Conservation of Southern Bluefin Tuna, aiming to support the recovery of the stock to ecologically sustainable levels (section 303FT(6)). Lastly, the arrangements must include statistically robust scientific observer coverage to validate commercial catches, mortalities, discarding, high-grading, and interactions with bycatch and protected species, particularly white sharks (Carcharodon carcharias) (section 303FT(7)). The declaration also outlines potential consequences for non-compliance. Although the specific penalties for breaches of the Act are not detailed in the text, it is implied that failure to adhere to the outlined obligations and conditions could result in civil or criminal penalties. Such breaches might lead to revocation of the approval, fines, or other legal actions as prescribed by the EPBC Act. The exact penalties would depend on the nature and severity of the breach, as well as the provisions of the relevant legislation.