Declaration of an Approved Wildlife Trade Operation – Commonwealth Coral Sea Fishery, November 2021

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 Act addresses the gap in environmental protection by offering a framework for the assessment and approval of activities that may significantly impact the environment. The EPBC Act is administered by the Australian Government and its policy objective is to ensure that the environment is protected from significant impacts through a rigorous assessment and approval process. The Commonwealth Coral Sea Fishery, regulated under the Fisheries Management Act 1991 and its regulations, is subject to the EPBC Act’s provisions to ensure sustainable and environmentally responsible fishing practices. In November 2021, a variation was made to the declaration of an approved wildlife trade operation for this fishery, adjusting the timelines for scientific reviews and updates to the harvest strategy, thereby aligning the fishery's practices with the latest scientific advice and environmental protection standards.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the declaration of approved wildlife trade operations within the Commonwealth Coral Sea Fishery, which is defined under the Fisheries Management Act 1991 and its associated regulations. This Act applies to the entities and persons involved in the trade of wildlife within the specified fishery, particularly those managing the fisheries, such as the Australian Fisheries Management Authority. The jurisdictional reach of the Act is national, extending across Australia as a Commonwealth law. The declaration focuses on ensuring compliance with scientific and environmental standards, particularly regarding the sustainability of species such as Humphead Maori Wrasse and sea cucumbers listed under CITES. The Act allows for the variation of conditions through subordinate instruments, as seen in the adjustments to the timeline for scientific reviews and updates to harvest strategies. The conditions are designed to ensure that fishing practices are supported by up-to-date scientific information, with specific timelines provided for the completion of reviews and the development of monitoring plans. Additionally, the Act provides for recourse through the Administrative Appeals Tribunal for those affected by the declaration, ensuring transparency and accountability in its implementation.

Key Provisions

The notifiable instrument under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) varies the declaration of an approved wildlife trade operation for the Commonwealth Coral Sea Fishery. The key changes include extending deadlines for certain scientific reviews and updates to management strategies (s 303FT). Specifically, the Australian Fisheries Management Authority (AFMA) must now review the science underpinning the catch limit for Humphead Maori Wrasse by 30 December 2021 instead of 1 December 2021 (Schedule, Condition 6). Furthermore, the deadline for updating the science underpinning the Coral Sea Fishery – Sea Cucumber Sector Harvest Strategy has been extended to December 2022 (Schedule, Condition 8). Similarly, the review of the Coral Sea Fishery Harvest Strategy – Sea Cucumber Sector and development of species-specific trigger limits and ongoing data collection and monitoring plans must now be completed by 1 December 2023 (Schedule, Condition 9). The obligations imposed on the parties by this Act include ensuring that scientific reviews and updates to management strategies are conducted within the specified timeframes. AFMA is required to review the science underpinning the catch limits for Humphead Maori Wrasse and update the science supporting the Coral Sea Fishery – Sea Cucumber Sector Harvest Strategy. Additionally, AFMA must complete a review of the Coral Sea Fishery Harvest Strategy – Sea Cucumber Sector and develop species-specific trigger limits and ongoing data collection and monitoring plans. These obligations are designed to ensure that fishing practices are supported by up-to-date scientific information and comply with relevant conservation requirements. Breaches of the conditions specified in the declaration may have civil and criminal consequences. The EPBC Act provides for various offences and penalties for non-compliance with its provisions. For example, unauthorised actions that may harm listed threatened species or ecological communities can result in fines of up to $750,000 for individuals and $3.75 million for corporations, as well as imprisonment for up to five years (s 474). Furthermore, misleading or deceptive conduct in relation to the export of goods subject to CITES regulations can result in fines of up to $220,000 for individuals and $1.1 million for corporations (s 529). The specific penalties for breach of the conditions in this declaration would depend on the nature and severity of the non-compliance.