COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
I, ILSE KIESSLING, Acting 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, Fisheries and Forestry 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 operation that is specified in column 1 of Table 1 to be an approved wildlife trade operation, in accordance with subsection 303FN(2) and paragraph 303FN(10)(d) of the EPBC Act, but only to the extent the operation relates to the class of specimens specified in column 2 of Table 1.
Table 1
Operation | Class of Specimens |
Queensland Marine Aquarium Fish Fishery, as defined in the management regime for the fishery made under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulations 2008 | Specimens that are, or are derived from, fish or invertebrates, other than: a) specimens that belong to species listed under Part 13 of the EPBC Act and b) specimens that belong to taxa listed under section 303CA of the EPBC Act (Part 13A), except for Sphyrna lewini (scalloped hammerhead shark), S. mokarran (great hammerhead shark) and S. zygaena (smooth hammerhead shark). |
Unless amended or revoked, this declaration:
a) is valid until 17 November 2017 and;
b) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 19 day of November 2014
………….…….………I. Kiessling…………………………
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 reason may be made in writing to the Department of the Environment 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.
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 http://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally-endangered-plants-and-animals-cites/how-export.
SCHEDULE
- Declaration of the Harvest Operations of the Queensland Marine Aquarium Fish Fishery as an approved wildlife trade operation, November 2014
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 Marine Aquarium Fish Fishery:
- Operation of the Queensland Marine Aquarium Fish Fishery will be carried out in accordance with the Queensland Fisheries Act 1994, the Queensland Fisheries Regulation 2008, and the Fisheries (Coral Reef Fin Fish) Management Plan 2003.
2. The Queensland Department of Agriculture, Fisheries and Forestry to inform the Department of the Environment of any intended material changes to the Queensland Marine Aquarium Fish Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
3. The Queensland Department of Agriculture, Fisheries and Forestry 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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the nation's biodiversity, and to manage and regulate activities that may have a significant impact on the environment, including wildlife trade. This Act was introduced to address the need for comprehensive environmental protection and the sustainable management of Australia's biodiversity, aligning with international obligations such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Enacted by the Parliament of Australia, the policy objective of the EPBC Act is to safeguard Australia's environmental heritage and promote the sustainable use of its natural resources.
In the context of wildlife trade, the EPBC Act facilitates the declaration of approved wildlife trade operations, ensuring that these operations comply with ecological sustainability standards. The declaration of the Queensland Marine Aquarium Fish Fishery as an approved wildlife trade operation under the EPBC Act aims to balance the sustainable harvesting of marine resources with the protection of endangered species, as per Australia's CITES commitments. This legislative measure ensures that the operation adheres to stringent environmental standards while allowing for the regulated trade of certain marine specimens.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the ecological sustainability of wildlife trade operations in Australia, with specific regard to the Queensland Marine Aquarium Fish Fishery. The Act applies to the operations of this fishery, specifically those involving specimens of fish or invertebrates, excluding those belonging to species listed under Part 13 of the EPBC Act and taxa listed under section 303CA, with certain exceptions for specific hammerhead shark species. This declaration is valid until 17 November 2017 and is subject to conditions outlined in the Schedule, which mandate compliance with the Queensland Fisheries Act 1994 and Regulations 2008, as well as the requirement for the Queensland Department of Agriculture, Fisheries and Forestry to report any changes in management arrangements and provide annual reports to the Department of the Environment. The geographic reach of this Act is national, extending across Australia, and it is enforced by the Minister for the Environment, with potential recourse for affected parties under the Administrative Appeals Tribunal Act 1975.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes a mechanism for the Minister for the Environment to declare certain wildlife trade operations as approved, provided they meet specified ecological sustainability criteria. Section 303FN of the EPBC Act allows for this declaration, which was exercised by Ilse Kiessling, Acting Assistant Secretary of the Wildlife Trade and Biosecurity Branch, on behalf of the Minister. This particular declaration, detailed in the Gazette (C2014G01920), pertains to the Queensland Marine Aquarium Fish Fishery, as defined under the Queensland Fisheries Act 1994 and its regulations, and applies to specimens that are fish or invertebrates, excluding those that are listed under Part 13 of the EPBC Act or under section 303CA of the EPBC Act, except for certain hammerhead sharks (Sphyrna lewini, S. mokarran, and S. zygaena). The declaration is valid until 17 November 2017 and is subject to additional conditions outlined in the Schedule of the Gazette.
The declaration imposes specific obligations on the parties involved, primarily the Queensland Department of Agriculture, Fisheries and Forestry. This department must adhere to the Queensland Fisheries Act 1994, the Queensland Fisheries Regulation 2008, and the Fisheries (Coral Reef Fin Fish) Management Plan 2003 when operating the Queensland Marine Aquarium Fish Fishery. Furthermore, the department is required to inform the Department of the Environment of any significant changes to the management arrangements of the fishery that might impact the ecological sustainability assessment. Additionally, the department must submit annual reports to the Department of the Environment, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.
In the event of a breach of the conditions set out in the declaration, various civil and criminal consequences may apply. The EPBC Act provides for offences and penalties for non-compliance, though specific penalties are not detailed in this Gazette. Generally, breaches of the EPBC Act can result in substantial fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, as well as any aggravating factors. Parties affected by the decision may seek a review of the decision under the Administrative Appeals Tribunal Act 1975, with applications for reasons and review to be made within 28 days of the declaration. This legal framework ensures that the ecological sustainability of wildlife trade operations is maintained, protecting endangered species and ecosystems.