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Declaration of an Approved Wildlife Trade Operation – Commonwealth Southern Bluefin Tuna Fishery, November 2019

Declaration of an Approved Wildlife Trade Operation – Commonwealth Southern Bluefin Tuna Fishery, November 2019

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2019N00091 Not in force Notifiable Instrument

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COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – COMMONWEALTH SOUTHERN BLUEFIN TUNA FISHERY, NOVEMBER 2019

I, NATHAN SIBLEY, Acting Assistant Secretary, Environment Approvals and Wildlife Trade Branch, as Delegate of the Minister for the Environment, 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 Southern Bluefin Tuna Fishery as defined in the Southern Bluefin Tuna Fishery Management Plan 1995 in force under the Fisheries Management Act 1991 (Cth), but not including

(a) specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or

(b) specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or

(d) specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List).

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.

Unless amended or revoked, this declaration:

a) is valid until 11 November 2022 and;

b) is subject to the conditions applied under section 303FT specified in the Schedule.

Dated this 15th day of November 2019

SIGNED

………….…….………Nathan Sibley………………………

Delegate of the Minister for the Environment

A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment and Energy for the reasons for the decision.

An application for independent review of the decision (under section 303GJ(1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Appeals Tribunal (AAT), on payment of the relevant fee by the applicant, either within 28 days of receipt of the reasons for the decision, or within 28 days of this declaration if reasons for the decision are not sought. Applications should be made to the Deputy Registrar, AAT in your Capital City. Please visit the AAT’s website at http://www.aat.gov.au/ for further information.

You may make an application under the Freedom of Information Act 1982 (Cth) to access documents relevant to this decision. For further information, please visit http://www.environment.gov.au/foi/index.html.

Further enquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au.

SCHEDULE

Declaration of the harvest operations of the Commonwealth Southern Bluefin Tuna Fishery as an approved wildlife trade operation, November 2019

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), taken in the Commonwealth Southern Bluefin Tuna Fishery:

Operation of the Southern Bluefin Tuna Fishery will be carried out in accordance with the Southern Bluefin Tuna Fishery Management Plan 1995 in force under the Fisheries Management Act 1991 (Cth).

2. The Australian Fisheries Management Authority to inform the Department of the Environment and Energy of any intended material changes to the Southern Bluefin Tuna Fishery’s management arrangements that may affect the assessment against which EPBC Act decisions are made.

3. The Australian Fisheries Management Authority to produce and present reports to the Department of the Environment and Energy annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.

4. The management arrangements for the Southern Bluefin Tuna Fishery to implement catch monitoring technologies which provide a high degree of confidence in the estimates of southern bluefin tuna catch in the purse seine sector.

5. The management arrangements for the Southern Bluefin Tuna Fishery to begin accounting for all sources of mortality for southern bluefin tuna in Australian waters (commercial, Indigenous and recreational), following the delivery of the results of the national survey of recreational fisher effort, catch, release and harvest estimates of southern bluefin tuna by the Department of Agriculture.

6. The management arrangements for the Southern Bluefin Tuna Fishery to continue to implement all relevant measures agreed by the Commission for the Conservation of Southern Bluefin Tuna in the fishery, to the extent that these are within the remit of the Australian Fisheries Management Authority, to support the recovery of the southern bluefin tuna stock to ecologically sustainable levels.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to facilitate ecologically sustainable development. This Act addresses the problem of ensuring that activities do not have a significant impact on matters of national environmental significance. Enacted by the Parliament of Australia, the policy objective of the EPBC Act is to protect and manage the environment by promoting the ecologically sustainable use of natural resources and minimising the impact of activities on the environment. In the context of the Commonwealth Southern Bluefin Tuna Fishery, the Act ensures that the fishing operations comply with the ecological sustainability standards set out in the EPBC Act, particularly by excluding certain listed species from the operations and imposing specific conditions to monitor and manage the fishery sustainably.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the declaration of approved wildlife trade operations, including the Commonwealth Southern Bluefin Tuna Fishery. This Act applies to the operations concerning the harvesting of specimens derived from fish or invertebrates in the fishery, excluding those belonging to taxa listed under sections 209, 248, or 303BC of the EPBC Act, or listed under section 303CA (Australia’s CITES List). The declaration is issued by the Delegate of the Minister for the Environment, Nathan Sibley, and it specifies that the operations are conducted in accordance with the Southern Bluefin Tuna Fishery Management Plan 1995 under the Fisheries Management Act 1991 (Cth). The declaration is effective until 11 November 2022, subject to the conditions outlined in the Schedule, which mandates compliance with specific management arrangements, reporting requirements, and the implementation of catch monitoring technologies. Additionally, the Australian Fisheries Management Authority is required to report any material changes to the management arrangements and to implement measures agreed upon by the Commission for the Conservation of Southern Bluefin Tuna.

Key Provisions

The main operative sections of the Declaration of an Approved Wildlife Trade Operation for the Commonwealth Southern Bluefin Tuna Fishery, issued under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish that the operations for the harvesting of specimens from fish or invertebrates taken in the fishery are considered an approved wildlife trade operation (section 303FN(2) and paragraph 303FN(10)(d)). This declaration applies to all specimens except those belonging to taxa listed under sections 209, 248, 303BC, and 303CA of the EPBC Act, which include Australia's List of Migratory Species, Australia's List of Marine Species, eligible listed threatened species, and Australia's CITES List, respectively. The declaration is valid until 11 November 2022, and it is subject to conditions specified in the Schedule (section 303FT). The obligations and requirements imposed by the Act on the parties involved primarily focus on ensuring the sustainability and responsible management of the Southern Bluefin Tuna Fishery. The Australian Fisheries Management Authority (AFMA) is mandated to operate the fishery in accordance with the Southern Bluefin Tuna Fishery Management Plan 1995 under the Fisheries Management Act 1991 (Cth). Furthermore, AFMA must inform the Department of the Environment and Energy of any intended material changes to the fishery's management arrangements (Schedule, clause 2). AFMA is also required to produce and present annual reports to the Department of the Environment and Energy as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition (Schedule, clause 3). Additionally, the management arrangements must implement catch monitoring technologies that provide a high degree of confidence in catch estimates in the purse seine sector (Schedule, clause 4). The arrangements must also account for all sources of mortality for southern bluefin tuna in Australian waters, including commercial, Indigenous, and recreational fishing (Schedule, clause 5). Lastly, AFMA must continue to implement all relevant measures agreed by the Commission for the Conservation of Southern Bluefin Tuna to support the recovery of the stock to ecologically sustainable levels (Schedule, clause 6). Breaches of the conditions specified in the Schedule may result in various civil and criminal consequences. Under the EPBC Act, any person who contravenes a condition of the declaration may be liable to a civil penalty. The maximum penalty for contravening a condition may be up to $1.1 million for a corporation and $220,000 for an individual, as stipulated in section 528 of the Act. Additionally, any person who causes or authorises a breach of a condition may also be subject to the same penalties. The Act also provides for criminal penalties for wilful or reckless breaches of the conditions, which may result in fines and imprisonment, depending on the severity of the offence. The exact penalties for criminal offences are detailed in the Crimes Act 1914 (Cth).

Area of Law: Environmental Law
Instrument: Notifiable instrument
Concepts: Licensing & Registration; Reporting & Disclosure Obligations; Regulatory Standards; Enforcement Powers

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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