Declaration of an Approved Wildlife Trade Operation – Commonwealth Southern Bluefin Tuna Fishery, November 2023

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

Legislation au F2023N00537 Not in force Notifiable Instrument

Legislation content

COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – COMMONWEALTH SOUTHERN BLUEFIN TUNA FISHERY, NOVEMBER 2023

 

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 Southern Bluefin Tuna Fishery as defined in the management regime in force under the:

  • Fisheries Management Act 1991 (Cth)
  • Fisheries Management Regulations 2019 (Cth)
  • Southern Bluefin Tuna Fishery Management Plan 1995,

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

(c)    specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or

(d)   specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List), except for Blue shark (Prionace glauca)

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 2025 and;

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

 

 

Dated this 15th day of November 2023

 

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.

 

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, including a list of species for which non detriment findings have been issued and the fisheries from which they may be sourced, is available from https://www.dcceew.gov.au/environment/wildlife-trade/cites.

 

 


Schedule 1

 

Declaration of the harvest operations of the Commonwealth Southern Bluefin Tuna Fishery as an approved wildlife trade operation, November 2023

 

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:

Condition 1:

Operation of the Commonwealth Southern Bluefin Tuna Fishery must be carried out in accordance with the Southern Bluefin Tuna Fishery Management Plan 1995 in force under the Fisheries Management Act 1991 (Cth) and the Fisheries Management Regulations 2019 (Cth).

Condition 2:

The Australian Fisheries Management Authority must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the Commonwealth Southern Bluefin Tuna Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

Condition 3:

The Australian Fisheries Management Authority must inform the Department of Climate Change, Energy, the Environment and Water of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.

Condition 4:

The Australian Fisheries Management Authority must produce and present reports on the Commonwealth Southern Bluefin Tuna Fishery to the Department of Climate Change, Energy, the Environment and Water by 30 August annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

Condition 5:

By 1 July 2024, the Australian Fisheries Management Authority must require that all catch of CITES listed species (including discards where possible) taken in the Commonwealth Southern Bluefin Tuna Fishery is recorded to a species level and that these catches are reported to the Department of Climate Change, Energy, the Environment and Water as part of the annual reporting requirement referred to in Condition 4.

 

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. The Act was introduced to address the problem of biodiversity loss and environmental degradation by providing a framework for the conservation and sustainable use of Australia’s biodiversity and ecosystems. The Act is administered by the Commonwealth Parliament, with the Minister for the Environment and Water having the authority to delegate certain functions, as evidenced by the declaration by Belinda Jago, Branch Head, Ocean and Wildlife, acting as the Delegate of the Minister. The policy objective of the Act is to promote the conservation of biodiversity and ecological sustainability through stringent regulations on wildlife trade and environmental impact assessments. In the context of the Commonwealth Southern Bluefin Tuna Fishery, the declaration by Belinda Jago, under section 303FN of the EPBC Act, designates the operations for the harvesting of fish specimens in this fishery as an approved wildlife trade operation. This declaration ensures that the operations comply with the EPBC Act and are conducted sustainably, excluding specimens belonging to specific listed species to avoid negative ecological impacts. The declaration is subject to conditions outlined in the Schedule, which require adherence to the Southern Bluefin Tuna Fishery Management Plan, timely reporting, and compliance with relevant fisheries legislation. This legislative framework aims to balance the economic activities of the fishery with the protection of the marine environment.

Scope and Application

The declaration, issued under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), recognises the operations for the harvesting of specimens derived from fish or invertebrates in the Commonwealth Southern Bluefin Tuna Fishery as an approved wildlife trade operation. This declaration applies specifically to operations governed by the Fisheries Management Act 1991 and the Fisheries Management Regulations 2019, as well as the Southern Bluefin Tuna Fishery Management Plan 1995. Notably, the declaration excludes specimens that belong to taxa listed under sections 209, 248, and 303CA of the EPBC Act, as well as eligible listed threatened species under section 303BC, except for Blue shark (Prionace glauca). This decision is valid until 11 November 2025 and is subject to conditions outlined in the Schedule, including adherence to the Southern Bluefin Tuna Fishery Management Plan and annual reporting requirements to the Department of Climate Change, Energy, the Environment and Water.

Key Provisions

The main operative sections of this declaration include section 303FN, which permits the Minister for the Environment and Water to declare operations as approved wildlife trade operations under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) if certain criteria are met, and section 303FT, which allows for the imposition of conditions on such declared operations. The declaration specifically identifies the operations for the harvesting of specimens from the Commonwealth Southern Bluefin Tuna Fishery as an approved wildlife trade operation, excluding certain specimens such as those listed under sections 209, 248, 303BC, and 303CA of the EPBC Act, unless they are Blue shark (Prionace glauca). This declaration is valid until 11 November 2025 and is subject to conditions specified in the Schedule. The Act imposes several obligations and requirements on the Australian Fisheries Management Authority (AFMA) and other entities involved in the Commonwealth Southern Bluefin Tuna Fishery. Firstly, the operations must adhere to the Southern Bluefin Tuna Fishery Management Plan 1995, the Fisheries Management Act 1991, and the Fisheries Management Regulations 2019. AFMA must also notify the Department of Climate Change, Energy, the Environment and Water of any significant changes to management arrangements or fisheries legislation that could impact the assessment of these operations against EPBC Act decisions. Furthermore, AFMA is required to submit annual reports on the fishery by 30 August each year, detailing the catch of CITES listed species by 1 July 2024. These reports must include all catch data, including discards where feasible, and be submitted as part of the annual reporting requirement. Breaches of the conditions set out in the Schedule or failure to comply with the requirements of the EPBC Act may result in civil or criminal penalties. While the specific penalties for non-compliance are not detailed in the text, breaches of environmental legislation under the EPBC Act can typically lead to substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or precedents set by previous court decisions. Additionally, the declaration mentions the possibility of applying for a statement of reasons or independent review under the Administrative Appeals Tribunal Act 1975 for those whose interests are affected by this decision.

Legal classification tags

Area of Law
Environmental Law
Instrument
Notifiable instrument
Concepts
Reporting & Disclosure Obligations
Compliance Obligations
Licensing & Registration

Interactions

Authorises

All Versions

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.