Declaration of an Approved Wildlife Trade Operation – Commonwealth Eastern Tuna and Billfish Fishery, August 2025

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – COMMONWEALTH EASTERN TUNA AND BILLFISH FISHERY, AUGUST 2025

I, BELINDA JAGO, Branch Head, Ocean and Wildlife, as Delegate of the Minister for the Environment and Water, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the Australian Fisheries Management Authority, public comments on the proposal as required under section 303FR, and advice on the ecological sustainability of the operation. I am satisfied on those matters specified in section 303FN of the EPBC Act. I hereby declare the operations for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the Commonwealth Eastern Tuna and Billfish Fisher as defined in the management regime in force under the Fisheries Management Act 1991 (Cth) and Fisheries Management Regulations 2019 (Cth), but not including:

1.     specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or
2.    specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or
3.     specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
4.    specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List), except for Grey reef shark (Carcharhinus amblyrhynchos), Copper shark (Carcharhinus brachyurus), Bull shark (Carcharhinus leucas), Common blacktip shark (Carcharhinus limbatus), Blacktip reef shark (Carcharhinus melanopterus), Dusky shark (Carcharhinus obscurus), Sandbar shark (Carcharhinus plumbeus), Australian blacktip shark (Carcharhinus tilstoni), Blue shark (Prionace glauca), Whitetip reef shark (Triaenodon obesus) and Smooth hammerhead (Sphyrna zygaena).

to be an approved wildlife trade operation, in accordance with subsection 303FN(2) and paragraph 303FN(10)(d), for the purposes of the EPBC Act.

This declaration commences on 20 August 2025. Unless amended or revoked, this declaration:

1.               is valid until 19 August 2028 and;
2.              is subject to the conditions applied under section 303FT specified in Schedule 1.

Dated this 14 day of August 2025

………….…BELINDA JAGO………………

Delegate of the Minister for the Environment and Water

Notes:

1.         Under the Administrative Review Tribunal Act 2024, 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 Review 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@dcceew.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 is available from https://www.dcceew.gov.au/environment/wildlife-trade/cites.

Schedule 1

Declaration of the harvest operations of the Commonwealth Eastern Tuna and Billfish Fishery as an approved wildlife trade operation, August 2025

ADDITIONAL PROVISIONS (section 303FT)

Relating to the harvesting of fish specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 and Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), unless those specimens are subject to any exceptions as outlined in this declaration, taken in the Commonwealth Eastern Tuna and Billfish Fishery:

Condition 1

Export approval for the Commonwealth Eastern Tuna and Billfish Fishery (ETBF; the fishery) has been provided on the basis the fishery will be managed in accordance with the Eastern Tuna and Billfish Fishery Management Plan 2010 (as amended 2016), the Fisheries Management Act 1991 (Cth) and the Commonwealth Fisheries Management Regulations 2019 (Cth).

During the term of the export approval, the Australian Fisheries Management Authority must:

1.         Consistent with Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries, provide the Department of Climate Change, Energy, the Environment and Water (the department), with an annual report by 1 August each year. Annual reports should include species-specific harvest data (including discards) for any species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
2.         In the interim, if there are any intended changes to legislative instruments, or material changes to management arrangements, that may affect the basis on which the export accreditation was made for this fishery, the department must be notified.

Condition 2

Consistent with its Fisheries Management Paper 14 – AFMA’s Approach to Ecological Risk Assessments and Management, the Australian Fisheries Management Authority must consider and respond to the outcomes of the 2025 Ecological Risk Assessment of the Eastern Tuna and Billfish Fishery. The response must consider and where necessary update the fishery’s Ecological Risk Management framework to mitigate impacts of fishing on the five turtle species and two cetacean species assessed as high risk in the assessment.

A report on the authority’s progress against this condition, including any supporting management actions, should be provided as part of the annual reports required by Condition 1.

Condition 3

The Australian Fisheries Management Authority must consider any updated Western and Central Pacific Fisheries Commission stock assessment and stock status determination for striped marlin. If this shows that striped marlin stocks continue to sit below the Eastern Tuna and Billfish Fishery’s default harvest limit reference point of 0.2B0, the authority must consider, and where necessary implement, changes to the fishery’s management arrangements to allow for the long-term rebuilding of the stock.

The Australian Fisheries Management Authority should continue to have regard for any Western and Central Pacific Fisheries Commission conservation measures for the species in developing Australia’s domestic response.

A report on the authority’s progress against this condition, including any supporting management actions, should be provided as part of the annual reports required by Condition 1.

Condition 4

To support improved understanding and mitigation of interactions with seabirds listed under the Environment Protection and Biodiversity Conservation Act 1999, the Australian Fisheries Management Authority must continue to implement effective measures designed to minimise interactions with listed seabirds in the Eastern Tuna and Billfish Fishery consistent with international best practice measures (including those described in the Agreement on the Conservation of Albatrosses and Petrels and other emerging scientific research). The Australian Fisheries Management Authority must also improve reporting of listed seabirds to species level, where possible, in the Eastern Tuna and Billfish Fishery.