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 Queensland Department of Agriculture and Fisheries, 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 specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the EPBC Act, taken in the Queensland Blue Swimmer Crab Fishery, as defined in the management regime for the fishery made under the Queensland Fisheries Act 1994 and the Fisheries Regulations 2008, 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 12 October 2018 and;
b) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 12th day of October 2015
………….…….………Paul 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 Queensland Blue Swimmer Crab Fishery as an approved wildlife trade operation, October 2015
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), taken in the Queensland Blue Swimmer Crab Fishery:
- Operation of the Queensland Blue Swimmer Crab Fishery (BSCF) will be carried out in accordance with the management regime in force under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008
- The Queensland Department of Agriculture and Fisheries (QDAF) to inform the Department of the Environment of any intended material changes to the BSCF management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
- The Queensland Department of Agriculture and Fisheries (QDAF), 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.
- QDAF, in collaboration with crab fishery stakeholders, to investigate and implement management measures to monitor and manage the distribution of C1 symbols between the respective crab fisheries (Gulf of Carpentaria and Queensland East Coast Mud Crab Fisheries, and the BSCF) to ensure there is minimal risk to the target stock, bycatch, EPBC Act listed threatened, endangered and protected (TEP) species or the broader ecosystem from unsustainable fishing pressure.
- QDAF to review the BSCF management regime and operations to ensure that indicators for target stocks, bycatch and TEP species are relevant, informative and achieve precautionary management outcomes. The review must consider:
a) the relevance, precision and validity of the information collected from the commercial and recreational sectors;
b) measures to effectively monitor and respond to triggered performance indicators;
c) methods to improve accountability to discourage false data; and
d) developing limit reference points.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the problem of environmental degradation and biodiversity loss, aiming to protect and manage Australia's environment and biodiversity sustainably. The Act was introduced by the Parliament of Australia with the policy objective of ensuring that actions which could potentially harm the environment are properly assessed and managed. In October 2015, a declaration was made under the EPBC Act by Paul Murphy, the Delegate of the Minister for the Environment, recognising the Queensland Blue Swimmer Crab Fishery's operations as an approved wildlife trade operation. This decision was based on the Queensland Department of Agriculture and Fisheries' application, public comments, and advice on the ecological sustainability of the fishery. The declaration is subject to specific conditions, including adherence to the Queensland Fisheries Act 1994 and the Fisheries Regulations 2008, and the requirement for annual reporting and monitoring of the fishery's impact on the environment and biodiversity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and activities concerning the protection of biodiversity and the management of wildlife trade operations. In this context, the Act applies specifically to the operations of the Queensland Blue Swimmer Crab Fishery (BSCF) for the harvesting of specimens that are, or are derived from, fish or invertebrates, excluding those species listed under Part 13 of the EPBC Act. This declaration pertains to the Commonwealth of Australia and extends to the operations defined under the Queensland Fisheries Act 1994 and the Fisheries Regulations 2008. The declaration is made by Paul Murphy, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, as a delegate of the Minister for the Environment, based on an assessment of the ecological sustainability of the fishery operations and public comments received. The declaration is valid until 12 October 2018 and is subject to specific conditions outlined in the Schedule, which detail additional provisions such as the requirement for the Queensland Department of Agriculture and Fisheries to report annually and to implement management measures to monitor and manage the distribution of C1 symbols among crab fisheries. This declaration can be reviewed by affected persons and is subject to appeal to the Administrative Appeals Tribunal within 28 days of the decision or reasons being provided.
Key Provisions
The primary operative sections of the declaration (sections 303FN and 303FT) recognise the Queensland Blue Swimmer Crab Fishery (BSCF) as an approved wildlife trade operation, subject to the specific conditions outlined in the Schedule. Section 303FN allows the Delegate to declare an operation as approved if satisfied with the ecological sustainability and other requirements, while section 303FT details the conditions under which the operation must be carried out. The declaration, effective until 12 October 2018, is made based on the application by the Queensland Department of Agriculture and Fisheries (QDAF), considering public comments and advice on ecological sustainability.
The obligations imposed on the parties under this declaration primarily focus on compliance with the specified conditions and reporting requirements. QDAF must operate the BSCF in accordance with the Queensland Fisheries Act 1994 and the Fisheries Regulations 2008. Additionally, QDAF is required to inform the Department of the Environment about any significant changes to the BSCF management arrangements. They must also submit annual reports to the Department of the Environment, detailing the fishery’s operations and ecological sustainability in line with the Guidelines for the Ecologically Sustainable Management of Fisheries. Furthermore, QDAF is tasked with investigating and implementing management measures to monitor and manage the distribution of C1 symbols among different crab fisheries to mitigate risks to target stocks, bycatch, and listed threatened, endangered, and protected (TEP) species.
The declaration does not explicitly outline specific offences or penalties for breaches of its conditions. However, breaches of the EPBC Act or related regulations may result in enforcement actions under other sections of the Act, including potential civil and criminal penalties. For example, unauthorised activities that threaten listed species or result in significant harm to the environment could incur substantial fines and imprisonment under sections 474 and 475 of the EPBC Act. The maximum penalties for these offences can include fines of up to $210,000 for individuals and $1.05 million for corporations, along with imprisonment terms of up to five years. Additionally, non-compliance with reporting requirements or failure to implement required management measures could lead to administrative actions, such as revocation of the approved wildlife trade operation status or further regulatory scrutiny.