Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – COMMONWEALTH CORAL SEA FISHERY, AUGUST 2023
I, BELINDA JAGO, Branch Head, Oceans and Wildlife Branch, as Delegate of the Minister for the Environment and Water, hereby vary under paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the declaration of an approved wildlife trade operation dated 30 November 2022 for the Commonwealth Coral Sea Fishery, as defined in the management regime in force under the Fisheries Management Act 1991 (Cth) and Fisheries Management Regulations 2019 (Cth), such that the conditions specified in the Schedule to that declaration is varied as follows:
In Condition 8, delete the words
“By 31 August 2023, the Australian Fisheries Management Authority must:
a) undertake a comprehensive review to update the science underpinning the Coral Sea Fishery Harvest Strategy - Sea Cucumber Sector to ensure it supports a longer-term export approval for the fishery. This should consider all relevant science applicable to the key biological parameters of the fishery's main sea cucumber species, including the Expert advice for the assessment of Australian sea cucumber (Holothuria) fisheries report commissioned by the Department of Climate Change, Energy, the Environment and Water
b) drawing on the findings of the comprehensive review, finalise an updated Coral Sea Fishery Harvest Strategy - Sea Cucumber Sector and develop, at a minimum, species-specific trigger limits and reference points (or proxies) for species listed under CITES; and ongoing data collection and monitoring plans required to support ongoing fishing of these species.”
and replace with the words
“By 15 December 2023, the Australian Fisheries Management Authority must undertake a comprehensive review to update the science underpinning the Coral Sea Fishery Harvest Strategy - Sea Cucumber Sector to ensure it supports a longer-term export approval for the fishery. This should consider all relevant science applicable to the key biological parameters of the fishery's main sea cucumber species.”
Dated this 29th day of August 2023
Belinda Jago
………….……………….……….........
Delegate of the Minister for the Environment and Water
Notes:
1. Under the Administrative Appeals Tribunal Act 1975, a person whose interests are affected by this decision may apply for a statement of reasons and for independent review of the decision. An application for a statement of reasons may be made in writing to the Department of Climate Change, Energy, the Environment and Water within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Appeals Tribunal on payment of the relevant fee within 28 days of the date of the declaration, or if reasons are sought, within 28 days of receipt of reasons. Further information may be obtained from the Director, Sustainable Fisheries Section, Department of Climate Change, Energy, the Environment and Water. Email: sustainablefisheries@environment.gov.au.
2. Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Australia’s CITES list under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia’s CITES Scientific Authority has issued a non-detriment finding for that species. Further information, including a list of species for which non detriment findings have been issued and the fisheries from which they may be sourced, is available from https://www.dcceew.gov.au/environment/wildlife-trade/cites.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to implement Australia’s obligations under international environmental agreements. The Act was introduced to address the gap in comprehensive regulation of activities that may significantly impact the environment, including wildlife trade, endangered species protection, and the conservation of biodiversity. The Parliament of Australia enacted this legislation to ensure that environmental considerations are integrated into decision-making processes that may affect the environment. The policy objective of the EPBC Act is to protect and conserve Australia’s environment, including its biodiversity and ecological processes, heritage places, and matters of national environmental significance, by providing a framework for the assessment and approval of activities that may have significant environmental impacts.
Scope and Application
The declaration made under the Environment Protection and Biodiversity Conservation Act 1999 pertains to an approved wildlife trade operation specifically within the Commonwealth Coral Sea Fishery, as outlined in the Fisheries Management Act 1991 and its regulations. This Act applies to the operations and entities involved in the management and regulation of the fishery, particularly focusing on the trade of sea cucumber species. The declaration is made by Belinda Jago, Branch Head of the Oceans and Wildlife Branch, as a delegate of the Minister for the Environment and Water. This variation is aimed at ensuring compliance with Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) by mandating a comprehensive review of the scientific underpinnings of the fishery’s harvest strategy. The variation affects the conditions previously set for the fishery’s export approval, extending the deadline for the review and adjusting the scope of the required scientific assessment.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended by this notifiable instrument to adjust the conditions of an approved wildlife trade operation for the Commonwealth Coral Sea Fishery (section 303FT(7)(b)). Specifically, the instrument modifies Condition 8 of the approved wildlife trade operation declaration, which pertains to the comprehensive review and updating of the Coral Sea Fishery Harvest Strategy - Sea Cucumber Sector. The new requirement is that the Australian Fisheries Management Authority must undertake this review by 15 December 2023, focusing on updating the science underpinning the Harvest Strategy to support longer-term export approvals for the fishery. This review must consider all relevant science applicable to the key biological parameters of the fishery's main sea cucumber species.
Under the revised Condition 8, the Australian Fisheries Management Authority is mandated to conduct a thorough review of the scientific basis for the Coral Sea Fishery Harvest Strategy - Sea Cucumber Sector. This review must be completed by 15 December 2023 and should take into account all relevant scientific information related to the biological parameters of the sea cucumber species involved. The purpose of this review is to ensure the Harvest Strategy supports a sustainable and approved export process for the fishery. The deletion of certain conditions in the original declaration implies a streamlining of processes, emphasising the need for scientific integrity and sustainability in the fishery operations.
The obligations imposed by this legislation primarily fall on the Australian Fisheries Management Authority. They must ensure that the comprehensive review is undertaken by the specified deadline, incorporating all relevant scientific data to underpin the Harvest Strategy. This obligation ensures that the management of the fishery aligns with the best available science, supporting sustainable practices and compliance with international trade agreements such as CITES. The modified conditions aim to enhance the scientific foundation of the fishery's operations, ensuring that exports of sea cucumber species are sustainable and do not detrimentally affect the species involved.
Failure to comply with the conditions set forth in the declaration may have legal and financial consequences. Under the EPBC Act, non-compliance with the terms of an approved wildlife trade operation can result in various penalties. While the specific penalties are not detailed in the notifiable instrument, generally, breaches of the EPBC Act can lead to significant fines, legal action, and potential revocation of the trade operation approval. The penalties serve as a deterrent to non-compliance, ensuring that parties adhere to the regulatory requirements designed to protect wildlife and their habitats. Additionally, affected parties have the right to seek a statement of reasons or an independent review of the decision, providing avenues for recourse if they believe their interests are adversely affected by the decision.