Declaration of an Approved Wildlife Trade Operation – South Australian Marine Scalefish Fishery, December 2024

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

Legislation au F2024N01137 Not in force Notifiable Instrument

Legislation content

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – SOUTH AUSTRALIAN MARINE SCALEFISH FISHERY, DECEMBER 2024

I, JESSICA HOEY, Director, Sustainable Fisheries Section 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 11 December 2023 for the South Australian Marine Scalefish Fishery, as defined in the management regime in force under the Fisheries Management Act 2007 (SA) and the Fisheries Management (Marine Scalefish Fisheries) Regulations 2017 (SA), the Fisheries Management (General) Regulations 2017 (SA) and the Fisheries Management (Fish Processor) Regulations 2017 (SA), such that the condition specified in Schedule 1 to that declaration is varied as follows:

Replace the following conditions:

Condition 5

The South Australian Department of Primary Industries and Regions must:

a)     By 13 December 2024 implement vessel monitoring systems on all Marine Scalefish Fishery vessels including geofences around sea lion colonies.

b)     By 13 December 2024 implement electronic logbook reporting across the Marine Scalefish Fishery to support reporting of bycatch and discards.

c)   By 30 June 2026, review bycatch and discard reporting measures to determine whether the information collected sufficiently and reliably demonstrates accurate reporting of all catch (including bycatch and discards) and protected species (particularly CITES listed Chondrichthyes) interaction data.

d)   By 30 June 2026, the South Australian Department of Primary Industries and Regions must provide advice to the Department of Climate Change, Energy, the Environment and Water on the review findings and any measures applied.

 

Condition 7

By 13 December 2024, the South Australian Department of Primary Industries and Regions must:

a)     require that all catch of CITES listed species taken in the South Australian Marine Scalefish Fishery are recorded to a species level, and species-specific discards where possible, and that these catches are reported to the Department of Climate Change, Energy, the Environment and Water as part of the annual reporting requirement referred to in Condition 4.

b)     develop identification resources for species found in the Marine Scalefish Fishery and distribute to fishers to assist with accurate species-specific reporting.

With the following amended conditions:

Condition 5

The South Australian Department of Primary Industries and Regions must:

a)     By 30 June 2025 implement vessel monitoring systems on all Marine Scalefish Fishery vessels including geofences around sea lion colonies.

b)     By 15 January 2026 implement electronic logbook reporting across the Marine Scalefish Fishery to support reporting of bycatch and discards.

c)   By 30 June 2026, review bycatch and discard reporting measures to determine whether the information collected sufficiently and reliably demonstrates accurate reporting of all catch (including bycatch and discards) and protected species (particularly CITES listed Chondrichthyes) interaction data.

d)   By 30 June 2026, the South Australian Department of Primary Industries and Regions must provide advice to the Department of Climate Change, Energy, the Environment and Water on the review findings and any measures applied.

Condition 7

The South Australian Department of Primary Industries and Regions must:

a)     by 15 January 2026, require that all catch of CITES listed species taken in the South Australian Marine Scalefish Fishery are recorded to a species level, and species-specific discards where possible, and that these catches are reported to the Department of Climate Change, Energy, the Environment and Water as part of the annual reporting requirement referred to in Condition 4.

b)   by 30 June 2025, develop identification resources for Chondrichthyes species found in the Marine Scalefish Fishery and distribute to fishers to assist with accurate species-specific reporting.

 

Dated this 9th day of December 2024

………….……. SIGNED…………………….........

Delegate of the Minister for the Environment and Water

Notes:

  1.         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 Section, Department of Climate Change, Energy, the Environment and Water, Email: sustainablefisheries@dcceew.gov.au.
  2.         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 is available from https://www.dcceew.gov.au/environment/wildlife-trade/cites.

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 Act serves as a key legislative framework for environmental protection, aiming to ensure the sustainable use of natural resources and to safeguard biodiversity. The EPBC Act was introduced to address the need for comprehensive environmental protection and biodiversity conservation, filling a gap in existing legislation by providing a unified approach to environmental management. Enacted by the Parliament of Australia, the policy objective of the EPBC Act is to protect and manage the environment by preventing significant detrimental impacts on matters of national environmental significance, including listed threatened species and ecological communities, heritage places, and Ramsar-listed wetlands. The Act provides mechanisms for the assessment and approval of activities that may impact these protected matters, ensuring that environmental considerations are integrated into decision-making processes.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the regulation of activities that may have a significant impact on matters of national environmental significance, including the protection of endangered species and ecosystems. The Act extends to the Commonwealth and its territories, providing a national framework for environmental protection. Specifically, the Act governs wildlife trade operations, ensuring compliance with international agreements such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The declaration of an approved wildlife trade operation for the South Australian Marine Scalefish Fishery involves conditions that must be met by the South Australian Department of Primary Industries and Regions, including the implementation of vessel monitoring systems, electronic logbook reporting, and species-specific catch reporting. These conditions are varied under the authority of the Minister for the Environment and Water, reflecting a commitment to improved monitoring and conservation measures. The Act allows for exclusions and exemptions where appropriate, ensuring a balanced approach to environmental regulation. Subordinate instruments, such as regulations and guidelines, may extend or restrict the application of the Act, further clarifying its scope and enforcement.

Key Provisions

The main operative sections of the declaration (paragraph 303FT(7)(b) of the EPBC Act) vary specific conditions for the South Australian Marine Scalefish Fishery. The South Australian Department of Primary Industries and Regions is required to implement vessel monitoring systems and electronic logbook reporting by specified dates. Furthermore, they must review bycatch and discard reporting measures by 30 June 2026 and provide advice to the Department of Climate Change, Energy, the Environment and Water on their findings. Additionally, there is a revised requirement for the recording and reporting of CITES listed species catches to a species level, and the development and distribution of identification resources for Chondrichthyes species to fishers. These modifications aim to enhance the accuracy and reliability of reporting related to marine wildlife interactions and trade within the fishery. The obligations imposed by this declaration are primarily on the South Australian Department of Primary Industries and Regions. They must ensure the implementation of vessel monitoring systems and electronic logbook reporting by the deadlines specified. This includes the creation of geofences around sea lion colonies to mitigate potential conflicts and the accurate reporting of bycatch and discards. They must also conduct a review of the reporting measures to assess their effectiveness and report back to the relevant federal department. Furthermore, they are tasked with recording and reporting catches of CITES listed species and developing species identification resources to aid fishers in accurate reporting. Breach of the conditions specified in this declaration could lead to various civil or criminal consequences. While the document does not explicitly state penalties, non-compliance with the EPBC Act or its regulations can result in significant legal ramifications. For instance, failure to implement required monitoring systems or report data accurately may lead to enforcement actions by the Department of Climate Change, Energy, the Environment and Water. This could include fines, legal proceedings, or other regulatory actions. Additionally, any violations related to the trade of CITES listed species may incur penalties under the EPBC Act, which can include substantial fines and potential imprisonment. It is essential for the South Australian Department of Primary Industries and Regions to adhere to these obligations to avoid such consequences.

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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.