Declaration of an Approved Wildlife Trade Operation – Commonwealth Small Pelagic Fishery, October 2023

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a comprehensive framework to protect and manage Australia's biodiversity and environment, particularly in relation to activities that may have a significant impact. This Act is administered by the Parliament of Australia and aims to ensure the protection of Australia's unique flora and fauna, including migratory, marine, and threatened species, by regulating activities that could potentially harm the environment. In October 2023, Belinda Jago, acting as a delegate of the Minister for the Environment and Water, declared the operations of the Commonwealth Small Pelagic Fishery as an approved wildlife trade operation under the EPBC Act. This declaration ensures that the fishery adheres to the stringent ecological sustainability criteria set forth in the Act, excluding certain protected species from being harvested. The declaration is valid until 21 October 2026 and is subject to specific conditions designed to maintain ecological balance and transparency in fishery management.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the declaration of wildlife trade operations, with this notifiable instrument declaring the operations for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the Commonwealth Small Pelagic Fishery, as an approved wildlife trade operation. This declaration applies to the Commonwealth Small Pelagic Fishery, excluding specimens that belong to taxa listed under sections 209, 248, 303BC, or 303CA of the EPBC Act. The declaration, effective from 21 October 2023, is valid until 21 October 2026 and is subject to specific conditions outlined in Schedule 1, which include adherence to the Small Pelagic Fishery Management Plan 2009 and the Fisheries Management Regulations 2019, as well as reporting requirements to the Department of Climate Change, Energy, the Environment and Water. The declaration extends to the Commonwealth level, affecting fisheries operations within Australia's jurisdiction, but excludes listed migratory, marine, threatened, and CITES-listed species. The declaration can be reviewed by the Administrative Appeals Tribunal, providing an avenue for appeal for those affected by the decision.

Key Provisions

The main operative sections of the Notifiable Instrument (F2023N00364) declare the operations for the harvesting of specimens from the Commonwealth Small Pelagic Fishery as an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303FN). This declaration applies to fish and invertebrate specimens taken in the fishery, with specific exclusions for certain listed species and taxa (section 303FN(10)(d)). The declaration, effective from 21 October 2023, is valid until 21 October 2026 unless altered or revoked and is subject to conditions outlined in Schedule 1 (section 303FT). Under this declaration, the Australian Fisheries Management Authority is required to operate the fishery in accordance with the Small Pelagic Fishery Management Plan 2009 and the Fisheries Management Regulations 2019 (Condition 1). The Authority must also inform the Department of Climate Change, Energy, the Environment and Water of any significant changes to the fishery management arrangements or relevant legislation (Conditions 2 and 3). Additionally, annual reports on the fishery must be submitted by 30 May each year, in line with the Guidelines for the Ecologically Sustainable Management of Fisheries (Condition 4). The Act imposes several obligations on the Australian Fisheries Management Authority, including adherence to the specified management plan and regulations, notification of significant changes to the fishery management arrangements or relevant legislation, and the provision of annual reports on the fishery operations. These obligations ensure that the operations remain compliant with the ecological sustainability criteria under the EPBC Act. Any failure to comply with the conditions of this declaration may result in civil or criminal consequences. While the specific penalties are not detailed in the instrument, breaches of the EPBC Act can lead to significant penalties. For corporations, the maximum penalty for contravening the Act can include fines of up to $210,000 for a single offence and additional penalties for ongoing breaches. For individuals, the maximum penalty can be up to $31,500 for a single offence, with higher penalties for repeated offences. These penalties reflect the seriousness of non-compliance with environmental protection laws in Australia.