Declaration of an Approved Wildlife Trade Operation – Commonwealth Coral Sea Fishery, November 2023

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly by managing the impacts of Commonwealth activities, works and marine activities. The Act aims to ensure that the operations of the Commonwealth Coral Sea Fishery are ecologically sustainable and meet Australia's international obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The declaration issued under section 303FN of the EPBC Act by Belinda Jago, Delegate of the Minister for the Environment and Water, recognises the operations of the Australian Fisheries Management Authority for the harvesting of specimens that are or are derived from fish or invertebrates taken in the Commonwealth Coral Sea Fishery as an approved wildlife trade operation. This declaration excludes specimens belonging to certain listed taxa, including migratory species, marine species, listed threatened species, and species listed under Australia’s CITES List, with specific exceptions for certain coral and shark species. The declaration is subject to various conditions that mandate compliance with management arrangements, reporting requirements, and specific catch limits for certain species, as well as the provision of scientific reviews and assessments. The declaration is valid until 7 January 2024 and is subject to the conditions outlined in the Schedule, which require the Australian Fisheries Management Authority to adhere to the management arrangements defined under the Fisheries Management Act 1991 and the Fisheries Management Regulations 2019. Additionally, the Authority must notify the Department of Climate Change, Energy, the Environment and Water of any intended changes to management arrangements or fisheries legislation that may impact the assessment of the fishery against EPBC Act decisions. Annual reporting is also mandated to the Department, detailing the harvested weight and locations of harvest for each coral species, the number of individual Humphead Maori Wrasse and their harvest details, and any relevant assessments or findings for CITES-listed species. Specific catch limits are set for Acroporidae corals, Humphead Maori Wrasse, and Black Teatfish, among other requirements. The declaration ensures that the operations of the Commonwealth Coral Sea Fishery comply with ecological sustainability and international trade regulations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, particularly biodiversity, and the sustainable use of natural resources. Under the Act, the Minister for the Environment and Water, through their delegate, can declare certain wildlife trade operations as approved. This declaration specifically applies to the Commonwealth Coral Sea Fishery, focusing on the harvesting of specimens from fish or invertebrates taken within this fishery. Notably, the declaration excludes specimens belonging to taxa listed under sections 209, 248, 303BC, and 303CA of the EPBC Act, which include Australia's List of Migratory Species, List of Marine Species, listed threatened species, and Australia's CITES List, respectively, with certain exceptions for specific species within the Acroporidae family and others listed under CITES Appendix II. The declaration is valid until 7 January 2024 and is subject to specific conditions outlined in the Schedule, including adherence to management arrangements, reporting requirements, and catch limits for certain species. The Australian Fisheries Management Authority is responsible for ensuring compliance with these conditions, including providing annual reports and conducting scientific reviews of species management strategies. The declaration also allows for independent review under the Administrative Appeals Tribunal Act 1975 for affected parties.

Key Provisions

The primary sections of the legislation (sections 303FN and 303FT) establish the framework for declaring the Commonwealth Coral Sea Fishery's operations as an approved wildlife trade operation, as per the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This declaration, made by Belinda Jago as Delegate of the Minister for the Environment and Water, specifies that the operations for harvesting specimens derived from fish or invertebrates are approved, with certain exclusions, until January 7, 2024. This approval is contingent upon the conditions outlined in the Schedule, which detail the management and reporting requirements for the fishery. The Act imposes several obligations on the Australian Fisheries Management Authority (AFMA). Firstly, AFMA must ensure that the operations of the Coral Sea Fishery adhere to the management arrangements defined under the Fisheries Management Act 1991 (Cth) and the Fisheries Management Regulations 2019 (Cth). AFMA must also notify the Department of Climate Change, Energy, the Environment and Water (DCCEEW) of any intended material changes to the fishery’s management arrangements or fisheries legislation that could impact the ecological sustainability assessment. Additionally, AFMA is required to submit annual reports detailing the fishery's operations, in accordance with the Guidelines for the Ecologically Sustainable Management of Fisheries. AFMA must also comply with specific catch limits for certain species, including Acroporidae, Humphead Maori Wrasse, Black Teatfish, and others, and ensure these limits are scientifically reviewed and updated as necessary. The legislation includes specific offences, penalties, and civil or criminal consequences for breaches. While the Act does not explicitly detail penalties, non-compliance with the EPBC Act can result in civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach. Furthermore, failure to adhere to the management and reporting requirements could lead to the revocation of the approval, impacting the legitimacy and sustainability of the fishery operations. It is important to note that the decision to declare the fishery operations as approved can be reviewed independently by the Administrative Appeals Tribunal. Overall, the legislation establishes a comprehensive framework for the management and operation of the Commonwealth Coral Sea Fishery, ensuring that it meets the ecological sustainability criteria set forth by the EPBC Act, while also safeguarding against the over-exploitation of protected species.