Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the problem of protecting and conserving Australia's biodiversity and managing its environmental impacts. The Act provides a framework for the protection and management of the environment, including threatened species and ecological communities, and aims to achieve ecologically sustainable development. In August 2019, the Commonwealth Eastern Tuna and Billfish Fishery was declared an approved wildlife trade operation under section 303FN of the EPBC Act. This declaration was made by the Acting Assistant Secretary, Wildlife Trade and Biosecurity Branch, as the Delegate of the Minister for the Environment, following consideration of the application from the Australian Fisheries Management Authority, public comments on the proposal, and advice on the ecological sustainability of the operation. The policy objective of the declaration is to ensure that the operations for the harvesting of fish or invertebrate specimens in the fishery are managed in an ecologically sustainable manner and do not adversely affect eligible listed threatened species or taxa listed under Australia's CITES list, except for certain hammerhead shark species. The declaration is subject to specific conditions outlined in the Schedule, including compliance with the Eastern Tuna and Billfish Fishery Management Plan 2010 and the production of annual reports to the Department of the Environment and Energy.

Scope and Application

The declaration issued under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) recognises the operations for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the Commonwealth Eastern Tuna and Billfish Fishery as an approved wildlife trade operation, provided they do not include specimens of eligible listed threatened species or taxa listed under Australia’s CITES list, except for Scalloped Hammerhead (Sphyrna lewini), Smooth Hammerhead (S. zygaena) and Great Hammerhead (S. mokarran) sharks. This declaration applies to the operations of the Australian Fisheries Management Authority, which must comply with the Eastern Tuna and Billfish Fishery Management Plan 2010, as amended, under the Fisheries Management Act 1991. The declaration is valid until 19 August 2022 and is subject to additional provisions, including the requirement for the Authority to inform the Department of the Environment and Energy of any intended material changes to the fishery’s management arrangements, produce and present annual reports, consult with the Department prior to changes to management arrangements for CITES listed species, and continue efforts to determine the extent of the effects of fishing on shark and marine turtle species. These conditions ensure that the operations are conducted in an ecologically sustainable manner, as required under the EPBC Act.

Key Provisions

The main operative sections of this declaration, made under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), pertain to the Commonwealth Eastern Tuna and Billfish Fishery. Section 303FN permits the Minister for the Environment to declare certain wildlife trade operations as approved, provided specific criteria are met. Under this declaration, the operations involved in the harvesting of fish and invertebrate specimens from this fishery, excluding those belonging to eligible listed threatened species or taxa listed under Australia’s CITES list (except for certain hammerhead shark species), have been declared as an approved wildlife trade operation. This declaration is valid until 19 August 2022 and is subject to conditions outlined in the Schedule and section 303FT of the EPBC Act. The obligations imposed on the parties governed by this Act include adherence to the Eastern Tuna and Billfish Fishery Management Plan 2010, as amended, under the Fisheries Management Act 1991 (Cth). The Australian Fisheries Management Authority (AFMA) must inform the Department of the Environment and Energy of any material changes to the fishery’s management arrangements. Additionally, AFMA is required to produce and present annual reports to the Department of the Environment and Energy as per the Guidelines for the Ecologically Sustainable Management of Fisheries. Consultation with the Department of the Environment and Energy is also mandatory before implementing changes to management arrangements for CITES listed species. AFMA must continue to assess the effects of fishing on shark and marine turtle species, ensuring that monitoring programs meet the requirements of relevant recovery and threat abatement plans under the EPBC Act and the Western and Central Pacific Fisheries Commission. Breaches of the obligations and conditions outlined in this declaration may lead to civil and criminal consequences. While the Act does not explicitly state the penalties for non-compliance, breaches of wildlife trade regulations under the EPBC Act can result in substantial fines and imprisonment. Specifically, section 474 of the Act imposes penalties for illegal wildlife trade activities, which can include fines of up to $330,000 for corporations and $66,000 for individuals, along with potential imprisonment terms. Additionally, failure to comply with reporting requirements or consulting obligations may lead to enforcement actions by the Department of the Environment and Energy, potentially resulting in further administrative penalties or legal proceedings.