Declaration of an Approved Wildlife Trade Operation – Commonwealth Western Tuna and Billfish Fishery, November 2022

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

Legislation au F2022N00270 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 WESTERN TUNA AND BILLFISH FISHERY, NOVEMBER 2022
I, ADAM SINCOCK, Principal Director, Wildlife Trade Office, 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 Western Tuna and Billfish Fishery as defined in the management regime in force under the:
  • Fisheries Management Act 1991 (Cth)
  • Fisheries Regulations 2019 (Cth)
  • Western Tuna and Billfish Fishery Management Plan 2005,

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),

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 Schedule 1.

Dated this 10th day of November 2022

ADAM SINCOCK

………….…….…………………………………

Delegate of the Minister for the Environment and Water

Notes: 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@environment.gov.au.

Schedule 1

 

Declaration of the harvest operations of the Commonwealth Western Tuna and Billfish Fishery as an approved wildlife trade operation, November 2022

 

ADDITIONAL PROVISIONS (section 303FT)

Relating to the harvesting of 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:

Condition 1:

Operation of the Commonwealth Western Tuna and Billfish Fishery must be carried out in accordance with the Western Tuna and Billfish Fishery Management Plan 2005 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 Western Tuna and Billfish 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 Western Tuna and Billfish Fishery to the Department of Climate Change, Energy, the Environment and Water by 11 May annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

Condition 5:

The Australian Fisheries Management Authority must consult with the Department of Climate Change, Energy, the Environment and Water before implementing any changes to management arrangements for species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Any harvest of CITES-listed species and interactions with protected species should also be reported as part of annual reporting as required by Condition 4 above.

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).

Condition 7:

Following the next review of the National Plan of Action for the Conservation and Management of Sharks 2012 (Shark-plan 2), the Australian Fisheries Management Authority must adopt any applicable new or adapted management obligations within 12 months of the updated plan’s implementation.

Condition 8:

The Australian Fisheries Management Authority must continue to monitor and respond to the most recent Indian Ocean Tuna Commission stock assessments and management resolutions for striped marlin to ensure Australia’s harvest does not subject the stock to further overfishing and continues to allow for the rebuilding of the stock biomass levels.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection and management of Australia's environment, particularly in relation to biodiversity conservation and the sustainable use of natural resources. The Act provides a framework for the protection of the environment and the conservation of biodiversity, including the regulation of activities that may have significant impacts on the environment. The declaration under the Act, issued in November 2022 by Adam Sincock, the Principal Director of the Wildlife Trade Office as the delegate of the Minister for the Environment and Water, recognises the Commonwealth Western Tuna and Billfish Fishery's operations as an approved wildlife trade operation, subject to certain conditions aimed at ensuring the ecological sustainability of the fishery. The policy objective is to facilitate sustainable fishing practices while protecting threatened species and maintaining the health of marine ecosystems. This declaration is a response to the need for stringent management of fisheries to prevent overfishing and protect biodiversity, ensuring that fishing activities do not adversely affect endangered species or the ecological balance of marine environments. The declaration is valid until 11 November 2025 and is subject to various conditions designed to monitor and mitigate potential environmental impacts, including the requirement for annual reporting and the implementation of risk mitigation strategies. The enactment of the EPBC Act and subsequent declarations under it reflect the Commonwealth's commitment to preserving Australia's unique biodiversity and ensuring the long-term sustainability of its natural resources.

Scope and Application

The declaration issued under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) specifies the operations of the Commonwealth Western Tuna and Billfish Fishery as an approved wildlife trade operation, excluding specimens that are part of listed migratory species, marine species, listed threatened species, or those on Australia's CITES List. This declaration applies to the entities involved in the harvest of fish or invertebrate specimens within the defined fishery, ensuring compliance with the EPBC Act and relevant fishery management plans and regulations. The geographic scope of this Act is national, as it pertains to Commonwealth waters, governed by the Commonwealth Fisheries Management Act 1991 and its associated regulations. The declaration is subject to conditions outlined in Schedule 1, which include adherence to the Western Tuna and Billfish Fishery Management Plan, regular reporting to the Department of Climate Change, Energy, the Environment and Water, and conducting updated ecological risk assessments. These conditions ensure that the fishery's operations are ecologically sustainable and do not negatively impact listed species or marine biodiversity. The declaration is effective until 11 November 2025, unless altered or revoked, and may be subject to review under the Administrative Appeals Tribunal Act 1975.

Key Provisions

The main operative sections of this notifiable instrument pertain to the declaration of the Commonwealth Western Tuna and Billfish Fishery as an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The declaration specifies that the harvesting operations for specimens derived from fish or invertebrates, excluding those listed under specific sections of the EPBC Act, are approved for trade. This approval is contingent upon compliance with certain conditions, which are outlined in the management regime under the Fisheries Management Act 1991 (Cth) and the Fisheries Regulations 2019 (Cth) and the Western Tuna and Billfish Fishery Management Plan 2005. The obligations imposed on the Australian Fisheries Management Authority (AFMA) include adhering to the Western Tuna and Billfish Fishery Management Plan, reporting any material changes to management arrangements or fisheries legislation to the Department of Climate Change, Energy, the Environment and Water, and producing annual reports on the fishery's operations. AFMA must also consult with the Department on changes to management arrangements for species listed under CITES and report on any harvests of such species. Additionally, AFMA is required to conduct an updated Ecological Risk Assessment by 1 November 2024, implement risk mitigation strategies based on the assessment's findings, and adopt new or adapted management obligations from the National Plan of Action for the Conservation and Management of Sharks following its review. The Act imposes penalties and consequences for non-compliance with the conditions of the wildlife trade operation approval. While the specific penalties are not detailed in the provided text, breaches of the EPBC Act generally can result in civil and criminal penalties, including fines and imprisonment, depending on the severity and nature of the breach. The Act also allows for the review of the decision by the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975, providing an avenue for affected parties to seek a statement of reasons or independent review of the decision within 28 days of the declaration. Failure to comply with the Act's provisions could lead to the revocation of the wildlife trade operation approval, impacting the operations of the fishery.

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Area of Law
Environmental Law
Fisheries Law
Instrument
Notifiable instrument
Concepts
Reporting & Disclosure Obligations
Regulatory Standards
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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.