Declaration of an Approved Wildlife Trade Operation – South Australian Marine Scalefish Fishery, November 2025

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

Legislation au F2025N00929 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, NOVEMBER 2025

I, ADAM CLARK, acting 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 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, such that the conditions specified in Schedule 1 to that declaration is varied as follows:

In Condition 5, delete the words

a) By 15 January 2026 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.

and replace with the words

a) By 5 June 2026 implement vessel monitoring systems on all Marine Scalefish Fishery vessels including geofences around sea lion colonies. If, due to the ongoing impacts of the harmful algal bloom that began in 2025, the South Australian Department of Primary Industries and Regions have been unable to implement vessel monitoring systems on all Marine Scalefish Fishery vessels, they must instead provide an update on their progress to date.

b) By 5 June 2026 implement electronic logbook reporting across the Marine Scalefish Fishery to support reporting of bycatch and discards. If, due to the ongoing impacts of the harmful algal bloom that began in 2025, the South Australian Department of Primary Industries and Regions have been unable to implement electronic logbook reporting across the Marine Scalefish Fishery, they must instead provide an update on their progress to date.

 

In Condition 7, delete the words

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.

and replace with the words

a) by 5 June 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. If, due to the ongoing impacts of the harmful algal bloom that began in 2025, the South Australian Department of Primary Industries and Regions have been unable to implement species-level reporting for CITES listed species caught in the Marine Scalefish Fishery, they must instead provide an update on their progress to date.

 

Dated this 21st day of November 2025

………….…ADAM CLARK….…………………

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 in relation to matters of national environmental significance. This legislation was introduced to address the problem of biodiversity loss and the need for a comprehensive framework to manage and protect Australia’s natural resources. Enacted by the Australian Parliament, the EPBC Act aims to ensure that development and activities do not significantly harm the environment. The Act plays a critical role in fulfilling Australia’s obligations under various international agreements, including the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This particular declaration under the EPBC Act focuses on varying the conditions of an approved wildlife trade operation for the South Australian Marine Scalefish Fishery, reflecting a policy objective to balance environmental protection with the socio-economic needs of the fishing industry, particularly in light of unforeseen circumstances such as the harmful algal bloom in 2025.

Scope and Application

The declaration of an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 applies specifically to the South Australian Marine Scalefish Fishery, as defined by the relevant South Australian fisheries legislation. This includes the Fisheries Management Act 2007, the Fisheries Management (Marine Scalefish Fisheries) Regulations 2017, the Fisheries Management (General) Regulations 2017, and the Fisheries Management (Fish Processor) Regulations 2017. The declaration sets out specific conditions to be met by the South Australian Department of Primary Industries and Regions, primarily focusing on the implementation of monitoring systems and reporting requirements for the fishery. The conditions are varied to extend deadlines in response to the impacts of the harmful algal bloom in 2025, allowing for flexibility in achieving these objectives. The changes are subject to the overarching framework of the EPBC Act, which also ensures compliance with Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This declaration and its modifications are applicable nationally within the Commonwealth of Australia, with the specific focus on the South Australian fishery.

Key Provisions

The document varies the declaration of an approved wildlife trade operation for the South Australian Marine Scalefish Fishery, altering several conditions to accommodate the impact of the harmful algal bloom that began in 2025. Specifically, Condition 5 (subsections a and b) and Condition 7 (subsection a) have been amended to extend the deadlines for implementing vessel monitoring systems, electronic logbook reporting, and species-level recording and reporting of CITES listed species catches to 5 June 2026. In instances where the South Australian Department of Primary Industries and Regions is unable to meet these deadlines due to the algal bloom, they must report on their progress (subsections a and b of Condition 5 and subsection a of Condition 7). Entities governed by this Act, including the South Australian Department of Primary Industries and Regions and operators within the South Australian Marine Scalefish Fishery, must adhere to the updated conditions. They are required to implement vessel monitoring systems and electronic logbook reporting by 5 June 2026, or provide progress updates if impeded by the algal bloom. Furthermore, they must record and report CITES listed species catches to a species level and report these catches to the Department of Climate Change, Energy, the Environment and Water as part of their annual reporting requirements. Failure to comply with the conditions outlined in the Act may result in civil or criminal consequences. The precise penalties are not specified in the document, but the Act allows for enforcement actions that could include fines or other sanctions. It is important to note that any person whose interests are affected by this decision may apply for a statement of reasons and for independent review of the decision under the Administrative Review Tribunal Act 2024. Applications for reasons and review must be submitted within 28 days of the date of the declaration. Further information can be obtained from the Director, Sustainable Fisheries Section, Department of Climate Change, Energy, the Environment and Water.

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Wildlife & Habitat Protection
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Notifiable instrument
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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.