Declaration of an Approved Wildlife Trade Operation – Queensland East Coast Otter Trawl Fishery, June 2026

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

Legislation au F2026N00459 Not in force Notifiable Instrument

Legislation content

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – QUEENSLAND EAST COAST OTTER TRAWL FISHERY, JUNE 2026

I, Belinda Jago, Branch Head, Ocean and Wildlife, 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 dated 13 December 2024 for the Queensland East Coast Otter Trawl Fishery as defined in the management regime in force under the:

  • Fisheries Act 1994 (Qld)
  • Marine Parks Act 2004 (Qld)
  • Great Barrier Reef Marine Park Act 1975 (Cth)
  • Environment Protection and Biodiversity Conservation Act 1999 (Cth)
  • Fisheries (General) Regulation 2019 (Qld)
  • Fisheries (Commercial Fisheries) Regulation 2019 (Qld)
  • Fisheries Declaration 2019 (Qld)
  • Fisheries Quota Declaration 2019 (Qld)
  • Fisheries (Saucer Scallops) Amendment Declaration 2021 (Qld)
  • Marine Parks Regulations 2019 (Qld)
  • Great Barrier Reef Marine Park Regulations 2019 (Cth)
  • Environment Protection and Biodiversity Conservation Regulations 2000 (Cth)
  • Coral Sea Marine Park Management Plan 2018 (Cth)

such that all conditions specified in Schedule 1 to that declaration are replaced with the following conditions:

Condition 1

The Queensland Department of Primary Industries must ensure that operation of the Queensland East Coast Otter Trawl Fishery is carried out in accordance with management regime specified in Queensland Department of Primary Industries, and Great Barrier Reef Marine Park Authority issued permits, as well as in the following:

  • Fisheries Act 1994 (Qld)
  • Marine Parks Act 2004 (Qld)
  • Great Barrier Reef Marine Park Act 1975 (Cth)
  • Environment Protection and Biodiversity Conservation Act 1999 (Cth)
  • Fisheries (General) Regulation 2019 (Qld)
  • Fisheries (Commercial Fisheries) Regulation 2019 (Qld)
  • Fisheries Declaration 2019 (Qld)
  • Fisheries Quota Declaration 2019 (Qld)
  • Fisheries (Saucer Scallops) Amendment Declaration 2021 (Qld)
  • Marine Parks Regulations 2019 (Qld)
  • Great Barrier Reef Marine Park Regulations 2019 (Cth)
  • Coral Sea Marine Park Management Plan 2018 (Cth)
  • Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).

Condition 2

The Queensland Department of Primary Industries must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the Queensland East Coast Otter Trawl 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 Primary Industries 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 Primary Industries must produce and present reports on the Queensland East Coast Otter Trawl Fishery to the Department of Climate Change, Energy, the Environment and Water by 30 September each year, commencing September 2025, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

Condition 5

By 15 January 2026, the Queensland Department of Primary Industries must:

  1.       review the strategies in place for recovery of the identified depleted stock of saucer scallops (Ylistrum balloti) that occurs south of latitude 22 degrees south; and
  2.       publish and implement a formal rebuilding strategy for this identified depleted stock in accordance with the Queensland harvest strategy policy and ensure there are mechanisms to monitor and manage the ongoing performance of the strategy to facilitate recovery of the depleted stock.

Condition 6

The Queensland Department of Primary Industries must not allow the harvest of saucer scallops (Ylistrum balloti) from any area of the East Coast Otter Trawl Fishery other than the Southern Offshore Trawl Management Region unless evidence is provided to demonstrate the stock(s) can support a level of take that will not contribute to overfishing and depletion of the saucer scallop stock(s).

Condition 7

The Queensland Department of Primary Industries must:

  1.       By 15 January 2026, provide an implementation plan to the Department for the establishment of an ongoing independent monitoring and validation program across the East Coast Otter Trawl Fishery. The plan must demonstrate how the ongoing program will:
  1.             provide independent data that is reliable and representative across all regions of the fishery; and
  2.             independently monitor and validate data collected via protected species logbooks, with a particular focus on protected species interactions demonstrated within this Wildlife Trade Operation approval period.
  1.       By 15 June 2026 commence implementation of the independent monitoring and validation program, this may involve the use of electronic monitoring, independent onboard observers, or other means.
  2.       As part of annual reporting under Wildlife Trade Operation Condition 4, provide a summary of the level of independent monitoring coverage across the fishery, protected species interactions and the validation of protected species logbooks with independent data.

 

Condition 8

By 30 June 2027, the Queensland Department of Primary Industries to review the outputs of Fisheries Research and Development Corporation project 2023-009 to determine how it may guide the reduction of ecological impacts, including through the approval of additional bycatch reduction devices for the East Coast Otter Trawl Fishery.

Condition 9

By 30 June 2027, the Queensland Department of Primary Industries (QDPI) must provide an updated bycatch composition report for the East Coast Otter Trawl Fishery that:

  1.       considers available information on bycatch and provides updated information on bycatch composition and estimates of bycatch volumes; and
  2.       considers options for how QDPI will work towards providing representative bycatch data across all regions of the fishery; and
  3.       considers options and feasibility of ongoing monitoring of bycatch.

Condition 10

By 30 November 2026, the Queensland Department of Primary Industries must review the harvest strategies for the East Coast Otter Trawl Fishery.

Condition 11

By 2 April 2027, the Queensland Department of Primary Industries must consider the outcomes and implications from the Fisheries Research and Development Corporation project 2020-026 (Habitat ecological risk assessment for eco-regions with high trawl footprints, in southern Queensland and northern New South Wales) for the East Coast Otter Trawl Fishery, and provide summary advice to the Department of Climate Change, Energy, the Environment and Water on any actions to address identified risks.

 

 

Dated this 23rd day of June 2026

 

BELINDA JAGO

 

………….…….……………………….........

Delegate of the Minister for the Environment and Water

Notes:

Under the Administrative Review Tribunal Act 2024, 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 Review 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 and CITES Policy Section, Department of Climate Change, Energy, the Environment and Water, Email: sustainablefisheries@dcceew.gov.au.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and manage Australia's environment, including its biodiversity and heritage. The Act aims to balance environmental protection with sustainable development by providing for the assessment and approval of activities that may have a significant impact on the environment. This legislation was introduced to address the problem of environmental degradation and biodiversity loss, ensuring that significant activities are evaluated for their potential environmental impacts. The EPBC Act is administered by the Commonwealth Government through the Department of Climate Change, Energy, the Environment and Water, with the policy objective of preserving and enhancing Australia's natural environment for current and future generations.

Scope and Application

The F2026N00459 notifiable instrument, a variation of the declaration of an approved wildlife trade operation for the Queensland East Coast Otter Trawl Fishery, applies to the Queensland Department of Primary Industries, which is responsible for ensuring the operation of the fishery adheres to specified management regimes and legislative instruments. This includes compliance with the Fisheries Act 1994 (Qld), Marine Parks Act 2004 (Qld), Great Barrier Reef Marine Park Act 1975 (Cth), Environment Protection and Biodiversity Conservation Act 1999 (Cth), and various associated regulations. The geographic reach of this Act extends to the waters off the east coast of Queensland, subject to federal and state regulations. The instrument establishes new conditions for the fishery's operation, including reporting obligations, strategic reviews, and the implementation of independent monitoring programs. Notably, the Act does not explicitly exclude any specific entities or industries from its purview but focuses on the conduct and management of the fishery itself. The application of the Act can be extended or restricted through subordinate instruments, which may provide further detail or specify additional requirements as necessary.

Key Provisions

The main operative sections of this declaration (F2026N00459) vary the declaration of an approved wildlife trade operation for the Queensland East Coast Otter Trawl Fishery under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303FT(7)(b)). It replaces the conditions of the existing declaration with new conditions outlined in Schedule 1. These conditions include ensuring compliance with specified management regimes, reporting requirements, review and implementation of strategies for depleted stocks, and monitoring programs to manage ecological impacts. The obligations imposed by this declaration on the Queensland Department of Primary Industries include ensuring that the operation of the fishery adheres to specified management regimes and relevant legislation (Condition 1). Additionally, the department must notify the Department of Climate Change, Energy, the Environment and Water of any material changes to management arrangements or fisheries legislation that may affect the EPBC Act decisions (Conditions 2 and 3). The department is also required to produce annual reports on the fishery, implement a rebuilding strategy for depleted saucer scallop stocks, and establish an independent monitoring program to validate data on protected species interactions and bycatch (Conditions 4 to 7). Furthermore, the department must review harvest strategies, consider the outcomes of research projects to mitigate ecological risks, and provide updated bycatch reports (Conditions 8 to 11). Breach of the conditions specified in this declaration can result in various civil or criminal consequences. While the maximum penalties for non-compliance are not explicitly stated in the declaration, breaches of the EPBC Act or associated regulations can lead to significant fines and potential criminal charges. For instance, violations of the EPBC Act can incur penalties of up to AUD 66,000 for individuals and AUD 330,000 for corporations, with higher penalties applicable for serious or repeated breaches. Additionally, failure to comply with the conditions set out in the declaration may result in the revocation of the wildlife trade operation approval, which could have severe implications for the fishery’s operations.

Legal classification tags

Area of Law
Environmental Law
Instrument
Notifiable instrument
Concepts
Reporting & Disclosure Obligations
Compliance Obligations
Enforcement Powers
Catchwords
Management Regime
Monitoring and Validation Program

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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.