Declaration of an Approved Wildlife Trade Operation – Commonwealth Coral Sea Fishery, December 2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. The Act was introduced to address the need for a comprehensive framework that could manage and conserve Australia’s biodiversity and environment in the face of growing anthropogenic pressures. The EPBC Act is administered by the Australian Government's Department of Climate Change, Energy, the Environment and Water, with a clear policy objective to ensure that the federal government’s environmental responsibilities are effectively discharged, particularly in relation to threatened species and ecological communities. The legislation serves as the principal piece of environmental legislation in Australia, integrating environmental considerations into decision-making processes at various levels of government and across different sectors.

Scope and Application

The declaration of an approved wildlife trade operation, made under the Environment Protection and Biodiversity Conservation Act 1999, applies to the Commonwealth Coral Sea Fishery, as defined in the management regime under the Fisheries Management Act 1991 and the Fisheries Management Regulations 2019. This legislation affects the operations and activities within the fishery, particularly in the context of wildlife trade and conservation, specifically targeting sectors such as the sea cucumber and aquarium harvest sectors. The geographic reach of this Act is national, extending across Australia's Commonwealth waters, including the Coral Sea. There are no stated exclusions or exemptions in this declaration; however, the application of the Act can be further extended or restricted through subordinate instruments. Additionally, the Act aligns with Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), ensuring that any export of species listed in Appendix II of Australia's CITES list is subject to a non-detriment finding by the CITES Scientific Authority.

Key Provisions

The operative sections of this notifiable instrument vary the declaration of an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) for the Commonwealth Coral Sea Fishery. Specifically, section 303FT(7)(b) of the EPBC Act is invoked to modify Condition 6 of the approved wildlife trade operation declaration, adjusting the deadline for the Australian Fisheries Management Authority to review and update the harvest strategy for the aquarium harvest sector from 30 January 2026 to 31 May 2026 (section 303FT(7)(b)). This adjustment aims to ensure that the review and publication of these harvest strategies are completed in a manner that considers the appropriateness of the biomass limit reference point, and that the limits are biologically appropriate, precautionary, and enforceable. The obligations imposed by this Act on the parties involved, primarily the Australian Fisheries Management Authority, are to review, update, and publish the harvest strategies for the specified sectors within the new timeframes set out in the amended declaration. For the sea cucumber sector, the review must be completed and the strategy updated by 25 May 2025. For the aquarium harvest sector, the updated strategy must be ready by 31 May 2026. These obligations are crucial for ensuring the sustainable management of marine resources and compliance with international obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Failure to comply with the provisions of the EPBC Act or the amended declaration could lead to significant consequences. Under the Administrative Review Tribunal Act 2024, a person whose interests are affected by this decision can apply for a statement of reasons and for independent review of the decision. An application for a statement of reasons must 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 can be made to the Administrative Review Tribunal on payment of the relevant fee within 28 days of the declaration, or if reasons are sought, within 28 days of receipt of reasons. Non-compliance may also result in civil or criminal penalties under the EPBC Act, which could include substantial fines and other legal consequences. The Act does not specify maximum penalties in this particular notifiable instrument, but generally, the penalties for breaches of the EPBC Act can be severe, reflecting the importance of environmental protection and biodiversity conservation.