Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – COMMONWEALTH EASTERN TUNA AND BILLFISH FISHERY, JUNE 2024
I, BELINDA JAGO, Branch Head, Ocean and Wildlife Branch, as Delegate of the Minister for the Environment and Water, hereby vary under paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the declaration of an approved wildlife trade operation dated 15 November 2023 for the Commonwealth Eastern Tuna and Billfish Fishery as defined in the management regime in force under the:
- Fisheries Management Act 1991 (Cth)
- Fisheries Management Regulations 2019 (Cth)
- Eastern Tuna and Billfish Fishery Management Plan 2020,
such that the condition specified in the Schedule to that declaration is varied as follows:
Delete the words:
Condition 5
By 30 July 2024, the Australian Fisheries Management Authority must:
a) publish an updated Ecological Risk Assessment for the Commonwealth Eastern Tuna and Billfish Fishery using data that best reflects the management arrangements which the fishery currently operates within. The Australian Fisheries Management Authority should ensure the data used to inform the updated Ecological Risk Assessment includes fishing operations data collected since the implementation of electronic monitoring in the fishery
b) continue to implement management actions to address and mitigate risks and impacts for species that are identified as high risk, including data collection for species that are assessed as high risk because of missing information.
and replace with the words:
Condition 5
By 19 February 2025, the Australian Fisheries Management Authority must:
a) conduct and complete an updated Ecological Risk Assessment for the Commonwealth Eastern Tuna and Billfish Fishery and provide a copy of the completed assessment to the Department of Climate Change, Energy, the Environment and Water. The Ecological Risk Assessment must use data that reflects current management arrangements in the fishery, including fishing operation data collected since the implementation of electronic monitoring in the fishery.
b) continue to implement management actions to address and mitigate risks and impacts for species that are identified as high risk, including data collection for species that are assessed as high risk because of missing information.
Dated this 10th day of June 2024
Belinda Jago
………….…….……………………….........
Delegate of the Minister for the Environment and Water
Notes:
1. Under the Administrative Appeals Tribunal Act 1975, 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 Appeals 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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to establish a framework for the conservation of biodiversity. It was introduced to address the problem of inadequate protection of the environment and biodiversity in Australia. The Act was passed by the Parliament of Australia and its policy objective is to ensure that the conservation of biodiversity and the protection of the environment are integral parts of decision-making processes. The legislation allows for the declaration of approved wildlife trade operations, which must adhere to specific conditions aimed at mitigating ecological risks and ensuring sustainable management of natural resources. The recent variation to the approved wildlife trade operation for the Commonwealth Eastern Tuna and Billfish Fishery, as declared by the Delegate of the Minister for the Environment and Water, reflects ongoing efforts to adapt management practices in response to new data and emerging risks.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the Commonwealth Eastern Tuna and Billfish Fishery, managed under the Fisheries Management Act 1991 (Cth) and its regulations, as well as the Eastern Tuna and Billfish Fishery Management Plan 2020. The Act specifically targets the conduct and transactions within this fishery to ensure they meet environmental protection standards. The geographic reach of the Act encompasses the Commonwealth, impacting entities involved in the management and operation of the fishery, including the Australian Fisheries Management Authority. The declaration of an approved wildlife trade operation and its associated conditions, such as the requirement to complete an updated Ecological Risk Assessment, are subject to the EPBC Act. Notably, the Act does not specify any exclusions or exemptions for this particular declaration, and its application extends through subordinate instruments, ensuring compliance with environmental standards.
Key Provisions
The main sections of the notifiable instrument F2024N00547 (DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – COMMONWEALTH EASTERN TUNA AND BILLFISH FISHERY, JUNE 2024) primarily revolve around the modification of the approved wildlife trade operation declaration for the Commonwealth Eastern Tuna and Billfish Fishery. Under section 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), the delegate of the Minister for the Environment and Water, Belinda Jago, has varied the declaration to amend the conditions for the fishery management. Specifically, the document alters Condition 5, which pertains to the timing and scope of the Ecological Risk Assessment to be conducted by the Australian Fisheries Management Authority (AFMA). The new condition requires the AFMA to complete the updated Ecological Risk Assessment by 19 February 2025 and submit it to the Department of Climate Change, Energy, the Environment and Water. This assessment must incorporate data from fishing operations since the implementation of electronic monitoring in the fishery, ensuring it reflects the current management arrangements.
The obligations imposed by this legislation on the AFMA include the timely completion of an updated Ecological Risk Assessment for the fishery by the specified deadline, as well as the submission of this assessment to the relevant department. Additionally, the AFMA must continue to implement management actions to address and mitigate risks and impacts for species identified as high risk, including collecting data for species with missing information. These obligations ensure that the management of the fishery remains informed by the most current and comprehensive data available, thereby supporting the sustainable management of the fishery and its ecological impacts.
Breaching the conditions set forth in this declaration may result in legal consequences. Although the specific penalties are not detailed in the notifiable instrument itself, the EPBC Act provides a framework for potential sanctions. Under the EPBC Act, breaches of the Act or its regulations can lead to civil and/or criminal penalties. Civil penalties can include fines up to a significant amount, depending on the severity and frequency of the breach. Criminal penalties may apply for more severe breaches, potentially leading to imprisonment. Additionally, affected parties may seek a statement of reasons for the decision and apply for independent review through the Administrative Appeals Tribunal, as outlined in the notes section of the instrument. This legal recourse is available to individuals or entities whose interests are affected by the decision, allowing them to challenge the decision within the specified timeframes.