Declaration of an Approved Wildlife Trade Operation – Commonwealth Southern Bluefin Tuna Fishery, November 2022

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment, particularly biodiversity, and to provide a framework for the management of activities that may have a significant impact on the environment. The Act was introduced by the Parliament of Australia with a policy objective to ensure that the ecological sustainability of operations is maintained, including the management of wildlife trade. The Act empowers the Minister for the Environment and Water to declare certain wildlife trade operations as approved, provided they meet specific ecological sustainability criteria. In November 2022, Adam Sincock, as the Delegate of the Minister, declared the operations for the harvesting of specimens taken in the Commonwealth Southern Bluefin Tuna Fishery as an approved wildlife trade operation, subject to certain conditions to ensure the operations comply with the relevant legislation and management plans. This declaration is effective until 11 November 2025 and includes conditions relating to compliance with the Southern Bluefin Tuna Fishery Management Plan and reporting requirements.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the declaration of an approved wildlife trade operation, as evidenced by the recent declaration concerning the Commonwealth Southern Bluefin Tuna Fishery. This Act applies to the operations within the fishery, specifically those involving the harvesting of fish or invertebrate specimens, excluding those belonging to taxa listed under the EPBC Act's Australia's List of Migratory Species, Australia's List of Marine Species, eligible listed threatened species, and Australia's CITES List. This declaration pertains to the Commonwealth jurisdiction, as it involves the regulation of activities within Australia's maritime zones and the trade of species protected under national environmental law. The declaration, effective until 11 November 2025, imposes specific conditions on the operation of the fishery, requiring compliance with the Southern Bluefin Tuna Fishery Management Plan 1995 and the Fisheries Management Regulations 2019, and mandates reporting and notification requirements to ensure ongoing assessment of ecological sustainability. The application of this Act is further extended and refined through subordinate instruments, which may include regulations, guidelines, and specific management plans that detail the operational standards and reporting obligations for the fishery.

Key Provisions

The primary operative sections of the declaration (sections 303FN, 303FR, and 303FT) provide the framework for determining whether the Commonwealth Southern Bluefin Tuna Fishery qualifies as an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303FN allows the Minister’s delegate to declare an operation as approved if satisfied that it will not have a significant impact on matters of national environmental significance. Section 303FR mandates consideration of public comments on the proposal, while section 303FT specifies the conditions that must be met for the approval. The declaration, signed by the delegate, confirms that the fishery operations meet these criteria and are, therefore, approved, excluding certain species listed under the EPBC Act and other specified taxa. The obligations imposed on the Australian Fisheries Management Authority (AFMA) under this declaration are multifaceted. Firstly, AFMA must ensure that the operations are conducted in accordance with the Southern Bluefin Tuna Fishery Management Plan 1995, as enforced by the Fisheries Management Act 1991 and the Fisheries Management Regulations 2019. Secondly, AFMA is required to notify the Department of Climate Change, Energy, the Environment and Water of any significant changes to the management arrangements of the fishery that could affect the environmental assessment. Additionally, AFMA must report annually by 30 August on the status of the fishery, following the guidelines set out in Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. The declaration also outlines potential consequences for non-compliance with the conditions set forth. While specific offences and penalties are not detailed in the text, breaches of the EPBC Act generally attract criminal and civil penalties. For example, under section 474 of the EPBC Act, individuals or entities found guilty of contravening the Act may face substantial fines, imprisonment, or both. The maximum penalties can be significant, reflecting the importance of environmental protection and biodiversity conservation. Furthermore, the declaration notes that affected parties can seek a statement of reasons and independent review under the Administrative Appeals Tribunal Act 1975, providing a formal mechanism for addressing grievances related to the decision.