Declaration of an Approved Wildlife Trade Operation – New South Wales Ocean Trawl Fishery, July 2021

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for the protection and conservation of Australia’s biodiversity and environment, particularly in relation to species and ecological communities that are threatened or at risk from various human activities. This Act provides a framework for the assessment and approval of activities that may impact the environment, including wildlife trade operations. The policy objective of the EPBC Act is to promote ecologically sustainable development by ensuring that biodiversity conservation is integrated into decision-making processes. The Act was enacted by the Parliament of Australia, and this declaration of an approved wildlife trade operation was issued by Laura Timmins, Senior Director, Wildlife Trade Office, as Delegate of the Minister for the Environment, in accordance with section 303FN of the EPBC Act. The declaration pertains to the New South Wales Ocean Trawl Fishery and aims to ensure that the operations within this fishery are ecologically sustainable and comply with the relevant legislative requirements. This declaration is effective until 1 July 2024 and is subject to specific conditions, as outlined in Schedule 1, which include adherence to the management arrangements specified under the NSW Fisheries Management Act 1994 and related regulations, as well as the provision of regular reports and a transition plan for the management of depleted stocks impacted by the fishery. The declaration also includes provisions for review and appeal under the Administrative Appeals Tribunal Act 1975. This approach ensures that the New South Wales Ocean Trawl Fishery operates in a manner that is consistent with the broader objectives of environmental protection and biodiversity conservation under the EPBC Act.

Scope and Application

The declaration made under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) designates the operations involved in the harvesting of specimens derived from fish or invertebrates in the New South Wales Ocean Trawl Fishery as an approved wildlife trade operation. This encompasses activities conducted within the framework of the Fisheries Management Act 1994 (NSW), Fisheries Management (General) Regulation 2019 (NSW), and the Fisheries Management (Ocean Trawl Share Management Plan) Regulation 2007. The declaration excludes certain specimens, including those listed under sections 209 and 248 of the EPBC Act, as well as specimens belonging to eligible listed threatened species and taxa listed under section 303CA of the EPBC Act. The approval is valid until 1 July 2024 and is subject to conditions specified in Schedule 1, which mandates adherence to specified management arrangements, notification of changes to management or legislation, submission of annual reports, and the provision of a transition plan for the sustainable management and recovery of depleted stocks impacted by the fishery. This declaration applies to the New South Wales Department of Primary Industries and is subject to independent review under the Administrative Appeals Tribunal Act 1975.

Key Provisions

The declaration issued under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) recognises the New South Wales Ocean Trawl Fishery operations, excluding certain listed species, as an approved wildlife trade operation. This declaration (section 303FN (2)) is effective until 1 July 2024 and is subject to specific conditions outlined in Schedule 1 (section 303FT). The operation must adhere to the management arrangements set forth in the NSW Fisheries Management Act 1994, Fisheries Management (General) Regulation 2019, Fisheries Management (Supporting Plan) Regulation 2006, and Fisheries Management (Ocean Trawl Share Management Plan) Regulation 2007 (Condition 1). Additionally, the New South Wales Department of Primary Industries must notify the Department of Agriculture, Water and the Environment of any significant changes to the fishery management arrangements or relevant legislation that might impact the EPBC Act's decision-making process (Conditions 2 and 3). The obligations imposed on the New South Wales Department of Primary Industries under this declaration include ensuring that the fishery operations comply with the specified management arrangements. They must also provide annual reports to the Department of Agriculture, Water and the Environment, detailing data collection, assessment, and performance monitoring (Condition 4). By 1 July 2022, the Department is required to submit a transition plan that outlines the recovery strategies for depleted stocks affected by the fishery, including timelines and milestones for implementing harvest strategies (Condition 5). This plan must demonstrate the sustainability of stock management and recovery efforts. Failure to comply with the conditions specified in Schedule 1 may result in significant legal consequences. Although the specific penalties are not detailed within the text of the declaration, breaches of the EPBC Act can lead to substantial fines and potential imprisonment for individuals and corporations. The Act allows for civil penalties of up to AUD 1.1 million for corporations and AUD 110,000 for individuals, along with criminal penalties that can extend to imprisonment for up to five years. Additionally, the Minister may revoke the approval of the wildlife trade operation, effectively halting the fishery operations in violation of the Act’s provisions.