Legal Research
Legislations
Declaration of an Approved Wildlife Trade Operation – Commonwealth Western Tuna and Billfish Fishery, November 2019

Declaration of an Approved Wildlife Trade Operation – Commonwealth Western Tuna and Billfish Fishery, November 2019

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

Legislation au F2019N00092 Not in force Notifiable Instrument

Select Document

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – COMMONWEALTH WESTERN TUNA AND BILLFISH 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 Australia 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 Western Tuna and Billfish Fishery as defined in the management regime 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 Western Tuna and Billfish 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 Western Tuna and Billfish Fishery:

Operation of the Commonwealth Western Tuna and Billfish Fishery will be carried out in accordance with the Western Tuna and Billfish Fishery Management Plan 2005 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 Commonwealth Western Tuna and Billfish Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 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 Australian Fisheries Management Authority to consult with Department of the Environment and Energy prior to a change to the management arrangements being implemented for a CITES listed species.

5. The Australian Fisheries Management Authority to continue efforts to determine the extent of the impact of fishing in the Western Tuna and Billfish Fishery on shark species.

6. The Australian Fisheries Management Authority, in collaboration with the Department of Agriculture, to work with the Indian Ocean Tuna Commission in relation to improving understanding of the status for stocks currently classified as overfished or uncertain.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance. The Act was introduced to address the need for a comprehensive framework to manage and protect Australia's biodiversity and ecosystems. The Parliament of Australia enacted this Act to establish a national system for the protection of the environment, aiming to ensure ecologically sustainable development by preventing significant harm to the environment from actions under Commonwealth control. This includes protecting threatened species and ecological communities, managing wildlife trade, and conserving Australia’s biodiversity and heritage. The Act serves as a critical tool in integrating environmental considerations into decision-making processes across various sectors, thereby safeguarding Australia's natural resources for future generations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide array of industries and conduct across Australia, with this specific declaration focusing on the Commonwealth Western Tuna and Billfish Fishery. The Act is applicable at a national level, regulating activities that may have significant environmental impacts. This particular declaration, issued under section 303FN of the EPBC Act, pertains to the operations for the harvesting of fish specimens that are, or are derived from, fish or invertebrates, as taken within the Commonwealth Western Tuna and Billfish Fishery, as defined under the Fisheries Management Act 1991. Excluded from this declaration are specimens belonging to taxa listed under sections 209, 248, 303BC, and 303CA of the EPBC Act, which correspond to Australia’s List of Migratory Species, Australia’s List of Marine Species, eligible listed threatened species, and Australia’s CITES List, respectively. The declaration, effective until November 2022, is subject to certain conditions outlined in the Schedule, which mandates adherence to the Western Tuna and Billfish Fishery Management Plan 2005 and imposes additional provisions on the Australian Fisheries Management Authority, such as reporting requirements and consultation obligations with the Department of the Environment and Energy. The scope of the Act can be extended or restricted through subordinate instruments, although this specific declaration does not detail such extensions.

Key Provisions

The key operative sections of the declaration pertain to the approval of wildlife trade operations under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). According to section 303FN, the Delegate of the Minister for the Environment has determined that the operations for the harvesting of specimens in the Commonwealth Western Tuna and Billfish Fishery meet the criteria for being an approved wildlife trade operation. This declaration, which excludes certain species listed under sections 209, 248, 303BC, and 303CA of the EPBC Act, is valid until 11 November 2022 and is subject to conditions specified in the attached Schedule (section 303FT). The obligations imposed on the parties by the Act include adherence to the Western Tuna and Billfish Fishery Management Plan 2005 under the Fisheries Management Act 1991 (Cth). The Australian Fisheries Management Authority (AFMA) must inform the Department of the Environment and Energy of any material changes to the management arrangements that might affect the assessment against which EPBC Act decisions are made. Additionally, AFMA is required to produce and present annual reports to the Department of the Environment and Energy in accordance with Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition. AFMA must also consult with the Department of the Environment and Energy before implementing changes to management arrangements for species listed under CITES. Furthermore, AFMA must continue its efforts to determine the impact of fishing on shark species and collaborate with the Department of Agriculture and the Indian Ocean Tuna Commission to improve understanding of the status of overfished or uncertain fish stocks. Failure to comply with the obligations and conditions set forth in the declaration and the EPBC Act may result in legal consequences. Although the specific offences, penalties, or consequences for breach are not explicitly stated in the provided text, breaches of environmental legislation generally carry significant penalties. Under Australian law, non-compliance can lead to fines and, in severe cases, imprisonment. The exact penalties can vary based on the specific provisions breached and the severity of the violation. The Administrative Appeals Tribunal (AAT) may also be involved in reviewing decisions made under the EPBC Act, offering a further avenue for addressing grievances related to the wildlife trade operation declaration.

Area of Law: Environmental Law; Fisheries Law
Instrument: Notifiable instrument
Concepts: Reporting & Disclosure Obligations; Enforcement Powers; Compliance Obligations; Prohibited Conduct

Interactions

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.

Legislation content