Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – COMMONWEALTH WESTERN 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 Western Tuna and Billfish Fishery as defined in the management regime in force under the:
- Fisheries Management Act 1991 (Cth)
- Fisheries Management Regulations 2019 (Cth)
- Western Tuna and Billfish Fishery Management Plan 2005,
such that the condition specified in the Schedule to that declaration is varied as follows:
Delete the words:
Condition 6
The Australian Fisheries Management Authority must:
a) By 1 November 2024, conduct and publish an updated Ecological Risk Assessment for the Commonwealth Western Tuna and Billfish Fishery using data that best reflects the management arrangements which the fishery currently operates within. The Australian Fisheries Management Authority must 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) Implement risk mitigation strategies to address any high risks identified in the Ecological Risk Assessment, including for species identified as being at high risk due to a lack of available information. Progress in implementing the risk mitigation strategies should be included in annual reports provided to the Department of Climate Change, Energy, the Environment and Water (as specified at Condition 4 of the wildlife trade operation approval).
and replace with the words:
Condition 6
By 19 February 2025, the Australian Fisheries Management Authority must:
a) conduct and complete an updated Ecological Risk Assessment for the Commonwealth Western 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 address the need for a unified approach to environmental protection and biodiversity conservation within Australia, aiming to prevent significant environmental harm and to manage the impacts of Commonwealth activities, projects, and actions. This legislation provides a framework for the assessment and approval of actions that may have a significant impact on matters of national environmental significance. The Act was introduced by the Australian Parliament to fill a critical gap in the protection of the environment and biodiversity, ensuring that these aspects are considered in decision-making processes. The policy objective is to promote sustainable development by integrating environmental considerations into the planning and decision-making processes. The recent declaration by Belinda Jago, as the Delegate of the Minister for the Environment and Water, varies the conditions for the Commonwealth Western Tuna and Billfish Fishery under the EPBC Act, emphasising the commitment to environmental stewardship and adaptive management.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the Commonwealth Western Tuna and Billfish Fishery, with the declaration of an approved wildlife trade operation being varied by Belinda Jago, Branch Head, Ocean and Wildlife Branch, as the Delegate of the Minister for the Environment and Water. This act pertains to entities such as the Australian Fisheries Management Authority, which is mandated to conduct an updated Ecological Risk Assessment for the fishery, reflecting the management arrangements in place, including data from electronic monitoring. The amended declaration requires the completion of this assessment by 19 February 2025 and mandates ongoing management actions to mitigate risks for species identified as high risk, including those lacking sufficient information. The geographic reach of the Act is national, extending to all fisheries within the Commonwealth of Australia. Subordinate instruments may further extend or restrict the application of this Act.
Key Provisions
The primary operative sections of the declaration revolve around altering the conditions of an approved wildlife trade operation for the Commonwealth Western Tuna and Billfish Fishery (sections 1-3). Specifically, the declaration modifies Condition 6, which pertains to the requirements for the Australian Fisheries Management Authority (AFMA) to conduct and publish an updated Ecological Risk Assessment and to implement risk mitigation strategies. The new condition mandates that by 19 February 2025, AFMA must complete an updated Ecological Risk Assessment for the fishery, using data reflective of current management arrangements, including data from electronic monitoring. Furthermore, AFMA must continue to implement management actions to mitigate risks for species identified as high risk, particularly those lacking sufficient data.
The obligations and requirements imposed by this declaration on AFMA and other relevant parties are significant. AFMA is now required to complete an updated Ecological Risk Assessment by a specified deadline, ensuring that the assessment incorporates the most recent data from the fishery's electronic monitoring systems. Additionally, AFMA must implement ongoing management actions to mitigate risks to high-risk species, particularly those for which there is insufficient data. These obligations underscore the necessity for AFMA to maintain up-to-date ecological data and to take proactive steps to protect vulnerable species within the fishery.
Failure to comply with the conditions set out in this declaration can result in various consequences. Under the EPBC Act, breaches of the specified conditions may lead to enforcement actions. While the declaration itself does not explicitly outline specific penalties for non-compliance, breaches of similar conditions in other sections of the EPBC Act can result in substantial fines and, in severe cases, imprisonment. Additionally, non-compliance may prompt legal action from affected parties, potentially leading to further civil or administrative penalties. The precise consequences for non-compliance would depend on the specific nature of the breach and the relevant provisions of the EPBC Act.