Declaration of an Approved Wildlife Trade Operation - Small Pelagic Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to biodiversity and ecological processes, as well as the conservation of biodiversity. The Act addresses the problem of ensuring that significant actions impacting the environment are properly assessed and managed. Enacted by the Australian Parliament, the policy objective of the EPBC Act is to promote the sustainable use of natural resources and to protect and conserve Australia's biodiversity. In this context, the declaration of an approved wildlife trade operation, as seen in the example from the Australian Fisheries Management Authority, aims to ensure that the harvesting of fish and invertebrate specimens is conducted in a manner that is ecologically sustainable and complies with the regulatory framework established under the EPBC Act and other relevant legislation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the operations of the Commonwealth Small Pelagic Fishery, focusing on the harvesting of specimens derived from fish or invertebrates, excluding those of species listed under Part 13 of the EPBC Act. This declaration, made by the Delegate of the Minister for the Environment, recognises the operations as an approved wildlife trade operation in accordance with sections 303FN and 303FN(10)(d) of the EPBC Act. The declaration is valid until 26 October 2018 and is subject to specific conditions outlined in the Schedule, which may include reporting requirements and adherence to the management regime established under the Commonwealth Fisheries Management Act 1991 and the Fisheries Management Regulations 1992. Affected parties may apply for reasons for the decision or seek an independent review through the Administrative Appeals Tribunal within the specified timeframes. Additionally, the Australian Fisheries Management Authority is required to inform the Department of the Environment of any significant changes to the management arrangements and submit annual reports as per the guidelines for the ecologically sustainable management of fisheries.

Key Provisions

The primary sections of the declaration, as stated in section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), provide the framework for declaring the operations for the harvesting of fish and invertebrates in the Commonwealth Small Pelagic Fishery as an approved wildlife trade operation. This declaration ensures that the operations comply with the requirements of the EPBC Act, provided that they do not involve species listed under Part 13 of the Act. The operations are declared valid until 26 October 2018, subject to specific conditions detailed in the Schedule. Under this declaration, the Australian Fisheries Management Authority must operate in compliance with the management regime established by the Commonwealth Fisheries Management Act 1991 and the Fisheries Management Regulations 1992. Furthermore, the Authority must inform the Department of the Environment about any significant changes to the management arrangements of the Small Pelagic Fishery that could impact the ecological sustainability assessments. Annual reporting to the Department of the Environment is also mandated, as outlined in Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition. The obligations imposed on the Australian Fisheries Management Authority include adherence to the specified management regime and the provision of timely and accurate information to the Department of the Environment regarding any changes to the fishery's management arrangements. Additionally, the Authority must prepare and submit annual reports as stipulated in the guidelines to ensure ongoing compliance with ecological sustainability standards. Breaches of the conditions specified in the Schedule may result in civil or criminal consequences. While the exact penalties are not detailed in the provided text, the EPBC Act generally includes provisions for fines and imprisonment for serious violations. Interested parties have the right to seek reasons for the decision from the Department of the Environment within 28 days of the declaration. Additionally, applications for an independent review of the decision can be made to the Administrative Appeals Tribunal within the same timeframe, subject to the payment of the relevant fee. Further information and support can be obtained from the Department of the Environment or through the Administrative Appeals Tribunal's website.