COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
I, PAUL MURPHY, 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) the application from the Australian Fisheries Management Authority 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, other than specimens of species listed under Part 13 of the EPBC Act (other than species listed in the conservation dependent category), taken in the Coral Sea Fishery as defined in the Commonwealth Fisheries Management Regulations 1992 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 17 November 2016, and
b) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 19th day of November 2013
………….…………P Murphy…………………………
Delegate of the Minister for the Environment
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 reason 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.
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 http://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally-endangered-plants-and-animals-cites/how-export.
SCHEDULE
Declaration of the Harvest Operations of the Coral Sea Fishery as an approved wildlife trade operation, November 2013
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 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (other than species listed in the conservation dependent species), taken in the Coral Sea Fishery:
- Operation of the Coral Sea Fishery will be carried out in accordance with the management regime in force under the Fisheries Management Act 1991 and the Fisheries Management Regulations 1992.
- The Australian Fisheries Management Authority to inform the Department of the Environment of any intended amendments to Coral Sea Fishery management arrangements that may affect the assessment of the fishery against the criteria on which Environment Protection and Biodiversity Conservation Act 1999 decisions are based.
- The Australian Fisheries Management Authority to produce and present reports to the Department of the Environment annually as per Appendix B to the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.
- The Australian Fisheries Management Authority to:
- evaluate and document the risks to humphead Maori wrasse in the Coral Sea Fishery at the reef and sub-reef level
- implement additional management measures, as appropriate, to mitigate the risks identified, as agreed with Australia’s CITES Scientific Authority, and
- report annually on the management and monitoring of humphead Maori wrasse in the fishery to Australia’s CITES Scientific Authority, as part of the annual reporting referred to in Condition 3.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to support ecologically sustainable development. The Act aims to safeguard Australia's biodiversity and its natural and cultural heritage, and to provide for the management of wildlife trade in a manner that is ecologically sustainable. This legislation was introduced by the Commonwealth Parliament to address the problem of unsustainable wildlife trade practices and to align Australia's commitments under international environmental agreements. The policy objective of the Act is to balance environmental protection with economic development, ensuring that activities do not significantly harm the environment while allowing for the sustainable use of natural resources.
The declaration made under the EPBC Act by the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, on behalf of the Minister for the Environment, recognises the operations for the harvesting of fish and invertebrate specimens in the Coral Sea Fishery as an approved wildlife trade operation, subject to specific conditions aimed at ensuring the ecological sustainability of the fishery. This declaration reflects the government's commitment to managing fisheries in a way that meets both national environmental standards and international obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a range of entities and activities across Australia, with the specific application detailed in the declaration of an approved wildlife trade operation. In this instance, the declaration pertains to the operations of the Australian Fisheries Management Authority involved in the harvesting of specimens that are, or are derived from, fish or invertebrates, other than those species listed under Part 13 of the EPBC Act (excluding species in the conservation dependent category), taken in the Coral Sea Fishery. This declaration is made under the authority of the Minister for the Environment and is valid until 17 November 2016, subject to specific conditions outlined in the Schedule. These conditions include adherence to the management regime under the Fisheries Management Act 1991 and the Fisheries Management Regulations 1992, as well as requirements for reporting and risk evaluation concerning the humphead Maori wrasse in the fishery. The declaration is made in accordance with sections 303FN and 303FT of the EPBC Act, ensuring compliance with ecological sustainability and international obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Key Provisions
The main operative sections of this declaration (section 303FN) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertain to the approval of the Coral Sea Fishery's wildlife trade operation for the harvesting of fish and invertebrate specimens. The declaration (subsection 303FN(2) and paragraph 303FN(10)(d)) recognises that the operations meet the criteria for ecological sustainability, excluding species listed under Part 13 of the EPBC Act (except for those in the conservation dependent category). The declaration is valid until 17 November 2016 and is subject to specific conditions outlined in section 303FT of the EPBC Act, detailed in the Schedule. The Schedule specifies that the Coral Sea Fishery's operations must comply with the management regime established under the Fisheries Management Act 1991 and the Fisheries Management Regulations 1992. It also mandates the Australian Fisheries Management Authority (AFMA) to inform the Department of the Environment about any amendments to the management arrangements that could affect the ecological sustainability assessment, provide annual reports in line with the Guidelines for the Ecologically Sustainable Management of Fisheries, and implement specific measures to mitigate risks to humphead Maori wrasse.
The obligations imposed by the Act on the parties and entities it governs are comprehensive and multifaceted. The AFMA is required to operate the Coral Sea Fishery in accordance with the existing management regime. It must notify the Department of the Environment of any intended changes to the fishery's management arrangements that could impact the ecological sustainability criteria. The AFMA is also mandated to produce annual reports detailing the fishery's management and monitoring activities, specifically including measures to protect humphead Maori wrasse. These reports should be prepared in accordance with the Guidelines for the Ecologically Sustainable Management of Fisheries and submitted to Australia's CITES Scientific Authority as part of the annual reporting process. Furthermore, the AFMA must evaluate and document the risks to humphead Maori wrasse at the reef and sub-reef levels and implement additional management measures as necessary to mitigate these risks.
The Environment Protection and Biodiversity Conservation Act 1999 includes provisions for offences, penalties, and consequences for non-compliance with the Act. While specific penalties are not detailed in the declaration, non-compliance with the conditions specified under section 303FT could result in civil or criminal penalties. The Act allows for enforcement actions, including fines and potential criminal charges, against individuals or entities that fail to adhere to the approved wildlife trade operation conditions. The severity of the penalties can vary depending on the nature and extent of the breach, with potential maximum penalties as outlined in the general provisions of the EPBC Act. The declaration also mentions that affected parties can seek a statement of reasons and independent review under the Administrative Appeals Tribunal Act 1975. This process provides a mechanism for reviewing the decision and addressing any concerns regarding the declaration's validity or compliance with the Act.