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Declaration of an Approved Wildlife Trade Operation – Queensland Commercial Trawl (Fin Fish) Fishery, August 2023

Declaration of an Approved Wildlife Trade Operation – Queensland Commercial Trawl (Fin Fish) Fishery, August 2023

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2023N00258 In force Notifiable Instrument

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COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – QUEENSLAND COMMERCIAL TRAWL (FIN FISH) FISHERY, AUGUST 2023

I, BELINDA JAGO, Branch Head, Oceans and Wildlife Branch, as Delegate of the Minister for the Environment and Water, 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 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, taken in the Queensland Commercial Trawl (Fin Fish) Fishery as defined in the management regime in force under the:

Fisheries Act 1994 (Qld)
Fisheries (General) Regulation 2019 (Qld)
Fisheries (Commercial Fisheries) Regulation 2019 (Qld)
Fisheries Declaration 2019 (Qld)
Fisheries Quota Declaration 2019 (Qld),

but not including:

(a) specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or

(b) specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or

(d) specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List),

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 31 August 2026, and

b) is subject to the conditions applied under section 303FT specified in Schedule 1.

Dated this 29th day of August 2023

Belinda Jago

………….…….…………………………………

Delegate of the Minister for the Environment and Water

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.

Schedule 1

Declaration of the harvest operations of the Queensland Commercial Trawl (Fin Fish) Fishery as an approved wildlife trade operation, August 2023

Condition 1

Operation of the Queensland Commercial Trawl (Fin Fish) Fishery must be carried out in accordance with the Queensland Fisheries Act 1994, Fisheries (General) Regulation 2019, Fisheries (Commercial Fisheries) Regulation 2019, Fisheries Declaration 2019, and the Fisheries Quota Declaration 2019.

Condition 2

The Queensland Department of Agriculture and Fisheries must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the Queensland Commercial Trawl (Fin Fish) Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

Condition 3

The Queensland Department of Agriculture and Fisheries must inform the Department of Climate Change, Energy, the Environment and Water of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.

Condition 4

The Queensland Department of Agriculture and Fisheries must produce and present reports on the Queensland Commercial Trawl (Fin Fish) Fishery to the Department of Climate Change, Energy, the Environment and Water by November annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

Condition 5

If Queensland Department of Agriculture and Fisheries implement its proposed expansion to the area of the Queensland Commercial Trawl (Fin Fish) Fishery, the Queensland Department of Agriculture and Fisheries must:

a) within 30 days of implementing any management changes, inform the Department of Climate Change, Energy, the Environment and Water of the management changes to the Queensland Commercial Trawl (Fin Fish) Fishery.

b) within 12 months of implementing any management changes, review and update the Queensland Commercial Trawl (Fin Fish) Fishery Environmental Risk Assessment to include the new areas of the fishery.

Condition 6

By 31 August 2024, the Queensland Department of Agriculture and Fisheries must develop and implement an annual robust, independent, quantitative, and validated monitoring and data collection program in the Queensland Commercial Trawl (Fin Fish) Fishery. This may involve the use of electronic monitoring, onboard observers, or other means.

The information collected must be sufficient to reliably demonstrate the accuracy of all reported catch, effort and protected species interaction data collected via logbooks. This program needs to gather suitable data on the level of catch, discards and interactions in the fishery to inform the sustainable management of target, byproduct and bycatch species (including protected species).

Performance of the program, including comparative analyses of fishery dependent and independent data sources must be included in annual reports provided to the Department of Climate Change, Energy, the Environment and Water as part of condition 4.

Condition 7

The Queensland Department of Agriculture and Fisheries must:

a) By 30 September 2024, provide a report on the preliminary analysis of current independent observer datasets (bycatch composition and volumes), which also considers option for bycatch monitoring and feasibility of indicator species.

b) By 28 February 2026, consider, and if appropriate include bycatch monitoring trigger points and risk mitigation measures in the harvest strategy.

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 legislation aims to address the problem of unsustainable exploitation and conservation of wildlife, including the protection of migratory species, marine species, and listed threatened species. The Act was enacted by the Parliament of Australia, with the policy objective of ensuring that the ecological sustainability of activities is considered in decision-making processes. The notifiable instrument F2023N00258, issued in August 2023, is a declaration by Belinda Jago, Branch Head, Oceans and Wildlife Branch, as Delegate of the Minister for the Environment and Water, recognising the Queensland Commercial Trawl (Fin Fish) Fishery as an approved wildlife trade operation under the EPBC Act. This declaration aims to ensure that the operations comply with the specified conditions, including adherence to relevant Queensland fisheries legislation, timely reporting, and the implementation of robust monitoring programs to manage the ecological impacts of the fishery sustainably.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the operations of the Queensland Commercial Trawl (Fin Fish) Fishery as an approved wildlife trade operation, subject to specific conditions that ensure the ecological sustainability and compliance with relevant legislation. This declaration applies to the harvest of specimens that are or are derived from fish or invertebrates in the Queensland Commercial Trawl (Fin Fish) Fishery, as defined under the Queensland Fisheries Act 1994 and related regulations and declarations. However, it explicitly excludes specimens belonging to taxa listed under sections 209, 248, 303BC, and 303CA of the EPBC Act. This declaration is effective until 31 August 2026 and is governed by conditions specified in Schedule 1, which mandate adherence to Queensland fisheries legislation, reporting requirements, and the implementation of a monitoring and data collection program. The Queensland Department of Agriculture and Fisheries is responsible for ensuring compliance with these conditions and must notify the Department of Climate Change, Energy, the Environment and Water of any significant changes to the fishery management arrangements or legislation.

Key Provisions

The main operative sections of this notifiable instrument (F2023N00258) are sections 303FN and 303FN(10)(d) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which permit the declaration of certain wildlife trade operations as approved. Under section 303FN, the delegate of the Minister for the Environment and Water can declare a wildlife trade operation approved if satisfied that the operation complies with certain criteria, including the ecological sustainability of the operation. This declaration pertains specifically to the Queensland Commercial Trawl (Fin Fish) Fishery, excluding certain specimens such as those listed under sections 209, 248, 303BC, and 303CA of the EPBC Act. The declaration is valid until 31 August 2026 and is subject to conditions specified in Schedule 1. The obligations and requirements imposed by this Act on the parties involved primarily concern the Queensland Department of Agriculture and Fisheries. They must ensure that the operations of the Queensland Commercial Trawl (Fin Fish) Fishery adhere to the Queensland Fisheries Act 1994 and associated regulations. Furthermore, they must notify the Department of Climate Change, Energy, the Environment and Water of any material changes to the fishery management arrangements or relevant fisheries legislation. Annual reporting is also required, including a comprehensive monitoring and data collection program by 31 August 2024, and preliminary analyses and reports on bycatch data by specified deadlines. These reports and data must be sufficient to demonstrate the accuracy of reported catch, effort, and protected species interaction data and must be included in the annual reports to the Department. The Act also outlines consequences for non-compliance. While the specific penalties for breaches are not detailed in the declaration itself, breaches of the EPBC Act can generally lead to both civil and criminal penalties. Civil penalties may include fines up to the statutory maximum of $72,750 for individuals and $363,750 for corporations, depending on the nature and severity of the breach. Criminal penalties may apply for more serious offences, with maximum fines and imprisonment terms also depending on the specifics of the breach. Additionally, breaches may result in the revocation of the approval, cessation of operations, or other enforcement actions deemed necessary by the relevant authorities.

Area of Law: Environmental Law; Fisheries Law
Instrument: Notifiable instrument
Concepts: Reporting & Disclosure Obligations; Compliance Obligations; Enforcement Powers; Definitions & Interpretation

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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