Declaration of an Approved Wildlife Trade Operation – Commonwealth Western Tuna and Billfish Fishery, November 2023

Declaration of an Approved Wildlife Trade Operation – Commonwealth Western Tuna And Billfish Fishery, November 2023

made under subsection 303FN(2) and paragraph 303FN(10)(d) of the

Environment Protection and Biodiversity Conservation Act 1999

Compilation No. 1

Compilation date: 26 June 2024

Includes amendments: F2024N00548

Registered: 21 August 2024

About this compilation

This compilation

This is a compilation of the Declaration of an Approved Wildlife Trade Operation – Commonwealth Western Tuna And Billfish Fishery, November 2023 that shows the text of the law as amended and in force on 26 June 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – COMMONWEALTH WESTERN TUNA AND BILLFISH 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 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), except for Copper shark (Carcharhinus brachyurus), Dusky shark (Carcharhinus obscurus) and 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 Western Tuna and Billfish 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 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).

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.

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.

Condition 9:

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 Western Tuna and Billfish 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.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Schedule 1 (Condition 6)

Kind of editorial change

Give effect to the misdescribed amendment as intended and change to punctuation

Details of editorial change

The Declaration of an Approved Wildlife Trade Operation – Commonwealth Western Tuna and Billfish Fishery, June 2024 provides 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.

The text contained in Condition 6 of Schedule 1 does not exactly match the text to be omitted as outlined in the Declaration of an Approved Wildlife Trade Operation – Commonwealth Western Tuna and Billfish Fishery, June 2024.

This compilation was editorially changed to apply the amendment to Condition 6 of Schedule 1 to give effect to the misdescribed amendment as intended and to insert a colon after “Condition 6” in Schedule 1 to correct the punctuation.