COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
I, Ilse Kiessling, Acting Assistant Secretary, Wildlife Trade and Biosecurity 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), 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 incidental harvesting of specimens that are, or are derived from:
- Sphyrna lewini (scalloped hammerhead shark)
- S. mokarran (great hammerhead shark)
- S. zygaena (smooth hammerhead shark),
taken in the Commonwealth Western Tuna and Billfish Fishery, as defined in the Western Tuna and Billfish Fishery Management Plan 2010 made under the Commonwealth Fisheries Management Act 1991, 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 is valid until 23 November 2017.
Dated this 21 day of November 2014
………….…….……………… I. Kiessling ……..……………………………
Delegate of the Minister for the Environment
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 the Environment 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.
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 http://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally-endangered-plants-and-animals-cites/how-export.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a robust framework to protect Australia’s biodiversity and environment, ensuring sustainable use of natural resources and mitigating the impact of human activities on ecological systems. This Act was introduced by the Commonwealth Parliament to consolidate and streamline environmental protection measures, particularly in relation to matters of national and international significance. The policy objective of the EPBC Act is to safeguard ecological systems and biodiversity while facilitating economic activities in a sustainable manner.
This declaration, issued under section 303FN of the EPBC Act, aims to manage the incidental harvesting of scalloped hammerhead, great hammerhead, and smooth hammerhead sharks within the Western Tuna and Billfish Fishery. The declaration ensures compliance with Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and provides for the ecological sustainability of the specified operations until 23 November 2017.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various persons and entities engaged in activities that may impact the environment and biodiversity, including the trade of wildlife. The Act establishes the framework for protecting and conserving Australia's biodiversity, with its reach extending across the Commonwealth and impacting industries involved in wildlife trade. This specific declaration pertains to the approved wildlife trade operation involving the incidental harvesting of specimens of scalloped hammerhead shark, great hammerhead shark, and smooth hammerhead shark within the Commonwealth Western Tuna and Billfish Fishery. The declaration ensures compliance with Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) by issuing a non-detriment finding for these species, thus allowing for their export under a CITES export permit. The Act's application may be extended or restricted through subordinate instruments, providing flexibility in the management and regulation of wildlife trade operations.
Key Provisions
The main operative sections of this declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) include section 303FN, which allows for the declaration of an approved wildlife trade operation, and section 303FN(2) and paragraph 303FN(10)(d), which specify the criteria for such a declaration. This declaration pertains to the incidental harvesting of scalloped hammerhead shark, great hammerhead shark, and smooth hammerhead shark specimens within the Commonwealth Western Tuna and Billfish Fishery. These species are subject to stringent ecological sustainability assessments to ensure their populations remain viable and their ecosystems are not adversely affected by the fishing activities.
The obligations imposed by the Act on the parties involved, particularly those managing and operating within the Western Tuna and Billfish Fishery, include adherence to the guidelines and conditions outlined in the Western Tuna and Billfish Fishery Management Plan 2010. These obligations ensure that the incidental harvesting of hammerhead sharks is conducted in a manner that does not lead to ecological harm. The operations must comply with all relevant environmental protection and biodiversity conservation measures to mitigate potential negative impacts on the listed shark species and their habitats.
Breaches of the obligations and conditions set forth in the EPBC Act and associated management plans can result in significant legal consequences. The Act provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines up to a maximum of $1.1 million for corporations and $220,000 for individuals, depending on the severity of the breach. Criminal penalties may also be imposed, with potential fines of up to $66,000 for individuals and $330,000 for corporations, as well as imprisonment terms that can extend up to five years. These penalties underscore the importance of strict adherence to the provisions of the Act and the management plans to avoid severe repercussions.