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 Richey Fishing Company, 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 Australian salmon (Arripis trutta) by the Richey Fishing Company, taken in the Tasmanian Scalefish Fishery as defined in the Tasmanian Fisheries (Scalefish) Rules 2015 in force under the Tasmanian Living Marine Resources Management Act 1995, to be an approved wildlife trade operation, in accordance with subsection 303FN(2) and paragraph 303FN(10)(b), for the purposes of the EPBC Act.
Unless amended or revoked, this declaration:
a) is valid until 14 February 2019 and;
b) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 22nd day of February 2016
………….…….………P. Murphy…………………………
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 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 (currently $861 or reduced fee where applicable due to financial hardship) 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, Sustainable Fisheries Section, Department of the Environment, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au.
SCHEDULE
Declaration of the Harvest Operations of the Richey Fishing Company for Arripis trutta (Australian salmon) as an approved wildlife trade operation, February 2016
ADDITIONAL PROVISIONS (section 303FT)
Relating to the harvesting of Australian salmon (Arripis trutta) that are, or are derived from fish, taken by the Richey Fishing Company in the Tasmanian Scalefish Fishery:
- Operation of the Richey Fishing Company’s Australian salmon operation will be carried out in accordance with the Tasmanian Fisheries (Scalefish) Rules 2015 in force under the Tasmanian Living Marine Resources Management Act 1995.
- The Richey Fishing Company to inform the Department of the Environment of any intended material changes to the Tasmanian Scalefish Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
- The Richey Fishing Company to produce and present reports to the Department of the Environment annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to biodiversity conservation and the sustainable use of natural resources. The EPBC Act aims to ensure that the Commonwealth’s role in protecting the environment is coordinated and effective, thereby addressing gaps in the protection of Australia's unique biodiversity. This Act was enacted by the Parliament of Australia and its policy objective is to promote the sustainable use and conservation of biodiversity. The Richey Fishing Company's operations for the harvesting of Australian salmon (Arripis trutta) within the Tasmanian Scalefish Fishery have been declared an approved wildlife trade operation under the EPBC Act, subject to certain conditions. This declaration ensures that the operations comply with the requirements of the Act, thereby protecting the ecological sustainability of the species and its habitat.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the operations of the Richey Fishing Company involved in the harvesting of Australian salmon (Arripis trutta) in the Tasmanian Scalefish Fishery, as defined under the Tasmanian Fisheries (Scalefish) Rules 2015, which are in force under the Tasmanian Living Marine Resources Management Act 1995. The declaration made under section 303FN of the EPBC Act recognises the Richey Fishing Company’s operations as an approved wildlife trade operation. This approval is contingent on adherence to specific conditions outlined in the Schedule of the declaration, such as compliance with the Tasmanian Scalefish Fishery management arrangements and the submission of annual reports to the Department of the Environment as per the Guidelines for the Ecologically Sustainable Management of Fisheries. The declaration is valid until 14 February 2019, unless amended or revoked earlier, and is subject to potential review and appeal processes available under the EPBC Act and the Administrative Appeals Tribunal. Persons whose interests are affected by this declaration have the right to seek reasons for the decision and, if necessary, apply for an independent review within 28 days.
Key Provisions
The main operative sections of the declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertain to the approval of the Richey Fishing Company's operations for the harvesting of Australian salmon (Arripis trutta) in the Tasmanian Scalefish Fishery (section 303FN). The declaration, issued by Paul Murphy as the Delegate of the Minister for the Environment, recognises the company's operations as an approved wildlife trade operation under subsection 303FN(2) and paragraph 303FN(10)(b) of the EPBC Act. This approval is contingent on the company adhering to specific conditions outlined in the Schedule, which includes compliance with the Tasmanian Fisheries (Scalefish) Rules 2015 under the Tasmanian Living Marine Resources Management Act 1995. The declaration is valid until 14 February 2019, unless amended or revoked.
The obligations imposed on the Richey Fishing Company by this Act include strict adherence to the Tasmanian Fisheries (Scalefish) Rules 2015 and the requirement to inform the Department of the Environment of any material changes to the Tasmanian Scalefish Fishery management arrangements. Additionally, the company must produce and present annual reports to the Department of the Environment, as specified in Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition. These obligations ensure that the company's operations are transparent and in line with environmental sustainability standards.
Any breach of the conditions outlined in the Schedule or failure to comply with the obligations under the EPBC Act may lead to civil and criminal consequences. The specific penalties for breaches are not detailed in the text provided, but typically, the EPBC Act allows for fines and other penalties for non-compliance. For example, under section 509 of the EPBC Act, a person who contravenes a direction or condition may be liable for a penalty of up to $66,600 for a corporation or $13,320 for an individual, depending on the severity of the breach. Additionally, more serious breaches may result in criminal charges and imprisonment. The exact penalties would depend on the specifics of the breach and the discretion of the court.