Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – NORTHERN TERRITORY AQUARIUM FISHERY, AUGUST 2024
I, Belinda Jago, Branch Head, Ocean and Wildlife Branch, as Delegate of the Minister for the Environment and Water, hereby vary under paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the declaration of an approved wildlife trade operation for the Northern Territory Aquarium Fishery (dated 29 November 2022), as defined in the management regime in force under the Fisheries Act 1998 (NT) and the Fisheries Regulations 1992 (NT), such that the conditions specified in Schedule 2 of the declaration are varied as follows:
In Schedule 2, Declaration of the harvest operations of the Northern Territory Aquarium Fishery as an approved wildlife trade operation, December 2022, delete:
Condition 4
The Northern Territory Department of Industry, Tourism and Trade must produce and present reports on the Northern Territory Aquarium Fishery to the Department of Climate Change, Energy, the Environment and Water by 30 September annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.
and
Condition 6
As part of the annual reporting requirement referred to in Condition 4, the Northern Territory Department of Industry, Tourism and Trade must include in the annual report:
a) data showing all coral harvested in the fishery at the species level, except for those species specifically listed at genus-level in Attachment B
b) the harvested weight (in kilograms) and number of pieces (fragments or colonies) harvested
c) the location of all coral harvests in the fishery, reported by latitude and longitude.
and replace these two conditions with:
Condition 4
The Northern Territory Department of Industry, Tourism and Trade must produce and present reports on the Northern Territory Aquarium Fishery to the Department of Climate Change, Energy, the Environment and Water by 30 September annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.
For species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora there are additional reporting requirements that must be included in the annual reports. These requirements are as follows:
a) Provide species specific data of each CITES-listed species harvested (retained or discarded) in the fishery in the preceding 12 months. All hard coral taxa (order Scleractinia) must be reported at a species-level where possible, unless otherwise authorised by this wildlife trade operation approval.
b) All coral taxa must be reported as harvested weight (kilograms) and number of harvested pieces (fragments or colonies).
c) Provide an overview of the coral harvest spatial data and how this has been collected and considered in the management of the fishery.
Dated this 5th day of August 2024
BELINDA JAGO
………….…….……………………….........
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 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.
- 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.
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. This Act addresses gaps in the protection of biodiversity and the sustainable management of wildlife resources, ensuring that activities impacting these areas are regulated and managed effectively. The EPBC Act is overseen by the Parliament of Australia, with the policy objective of protecting and conserving Australia's unique biodiversity and ecosystems while allowing for sustainable development. This notifiable instrument, issued under the authority of the EPBC Act, involves a variation to the declaration of an approved wildlife trade operation for the Northern Territory Aquarium Fishery. The variation modifies the reporting requirements to align with Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), ensuring that the trade of endangered species is monitored and managed appropriately.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the regulation of wildlife trade operations across Australia, ensuring compliance with national environmental standards and international obligations such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This Act governs the management and conservation of Australia's biodiversity, including the protection of species listed under CITES. The legislation applies to entities involved in wildlife trade, particularly those engaged in the harvesting of species for commercial purposes, such as the Northern Territory Aquarium Fishery. The geographic reach of the Act extends nationally, with specific provisions tailored to state and territory fisheries management regimes, such as the Fisheries Act 1998 (NT) and the Fisheries Regulations 1992 (NT). The Act provides for exclusions and exemptions where necessary, but these are limited to specific circumstances outlined in the legislation or through subordinate instruments, such as permits or approvals. The Act's application can be extended or restricted through regulations and guidelines, which are subject to review and amendment as needed to meet changing environmental and conservation needs.
Key Provisions
The main operative sections of this notifiable instrument (F2024N00712) are the amendments to the declaration of an approved wildlife trade operation for the Northern Territory Aquarium Fishery, dated 29 November 2022. Specifically, the instrument varies the conditions of the original declaration under section 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (1). The changes replace the previous reporting requirements for the Northern Territory Department of Industry, Tourism and Trade with new conditions for reporting on the harvest of coral species, including those listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (2).
Under the amended declaration, the Northern Territory Department of Industry, Tourism and Trade must now produce and present reports on the Northern Territory Aquarium Fishery to the Department of Climate Change, Energy, the Environment and Water by 30 September annually, in accordance with Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition (3). The annual reports must include species-specific data for each CITES-listed species harvested, the harvested weight and number of pieces of coral, and an overview of the coral harvest spatial data (4). These changes aim to ensure more detailed and specific data is collected and reported on the fishery’s activities, particularly concerning endangered species.
The obligations imposed by the Act on the parties or entities it governs are primarily on the Northern Territory Department of Industry, Tourism and Trade. They must now comply with the updated reporting requirements as specified in the amended declaration. This includes gathering detailed data on the coral harvested, particularly focusing on CITES-listed species, and providing an overview of the spatial data of coral harvests (5). Additionally, these reports must be presented to the Department of Climate Change, Energy, the Environment and Water by 30 September each year.
For breaches of the obligations under this amended declaration, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for both civil and criminal penalties. Civil penalties can include fines of up to $66,600 for individuals and up to $333,000 for corporations, depending on the severity and nature of the breach (6). Criminal penalties may also apply, with potential imprisonment for up to five years for individuals and up to ten years for corporations, alongside significant fines. These penalties are intended to ensure compliance with the Act’s requirements and to protect the interests of the environment and wildlife trade.