Declaration of an Approved Wildlife Trade Operation –PQ Aquatics – Victorian Seadragons and Seahorses, December 2024

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the problem of biodiversity loss and environmental degradation by providing a framework for the protection of the environment, particularly endangered species and ecosystems. This Act was introduced by the Australian Parliament with the policy objective of ensuring the sustainable use and conservation of Australia's biodiversity. The Act encompasses various measures, including the declaration of approved wildlife trade operations, to meet international obligations and to protect species from overexploitation. The recent declaration by the Director of the Sustainable Fisheries Section, as the Delegate of the Minister for the Environment and Water, pertains to the approved wildlife trade operation for the harvesting of specimens from certain fish and invertebrates under the management regime in Victoria. This declaration ensures that these operations comply with the EPBC Act and excludes certain species listed under national and international conservation lists, except for specified exceptions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the operations of PQ Aquatics, which involves the harvesting of specimens derived from fish or invertebrates taken in the PQ Aquatics - Victorian seadragons and seahorses under the Fisheries Act 1995 (Vic) and Fisheries Regulations 2019 (Vic). This declaration, signed by the Director, Sustainable Fisheries Section, on behalf of the Minister for the Environment and Water, specifies that these operations are recognised as an approved wildlife trade operation under the EPBC Act, subject to particular exclusions. The declaration excludes specimens listed under sections 209 and 248 of the EPBC Act, with exceptions for weedy seadragons, short-headed seahorses, and pot-bellied seahorses, and also excludes specimens of eligible listed threatened species and taxa listed under section 303CA of the EPBC Act, again with certain exceptions for short-headed seahorses and pot-bellied seahorses. This approval is valid until 20 December 2027 and is subject to specific conditions outlined in Schedule 1, which include adherence to Victorian fisheries permit conditions, notification of material changes to the management arrangements, and annual reporting requirements. This declaration ensures compliance with Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Key Provisions

The primary operative sections of the Notifiable Instrument F2024N01178 declare the operations for the harvesting of certain specimens as an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303FN allows for the declaration of an approved wildlife trade operation, subject to certain conditions that ensure the ecological sustainability and compliance with Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Specifically, section 303FN(2) and paragraph 303FN(10)(d) provide the legal basis for this declaration. The operation is approved for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the PQ Aquatics – Victorian seadragons and seahorses, but excludes those belonging to taxa listed under certain sections of the EPBC Act. The Act imposes several obligations on the parties involved, primarily on the Victorian Fisheries Authority. Firstly, the PQ Aquatics – Victorian seadragons and seahorses fishery must be conducted in accordance with the permit conditions under the Fisheries Act 1995 (Vic) and the Fisheries Regulations 2019 (Vic) (Condition 1). Secondly, the Victorian Fisheries Authority must notify the Department of Climate Change, Energy, the Environment and Water of any material changes to the management arrangements or fisheries legislation that may impact the assessment criteria for EPBC Act decisions (Conditions 2 and 3). Additionally, the Authority must submit annual reports on the PQ Aquatics – Victorian seadragons and seahorses by 30 November each year, following the guidelines set out in Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition (Condition 4). Lastly, wild caught and cultured syngnathids must not be returned to the wild (Condition 5). Failure to comply with the conditions of the declaration may result in various legal consequences. The Act does not explicitly state penalties for breaches; however, non-compliance with the EPBC Act can lead to civil and criminal penalties. For example, under section 528 of the EPBC Act, a person can be subject to a penalty of up to $1.1 million for an individual or $5.5 million for a body corporate for each offence if convicted for contravening the Act or its regulations. Additionally, under section 528A, a person who engages in activities that would otherwise constitute an offence can be subject to an administrative penalty order of up to $660,000 for an individual or $3.3 million for a body corporate. These penalties underscore the seriousness of adhering to the conditions and obligations set forth in the declaration.