COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – SOUTHERN BLUEFIN TUNA FISHERY
I, JOSH FRYDENBERG, Minister for the Environment and Energy, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the Australian Fisheries Management Authority, public comments on the proposal as required under section 303FR and 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 operations for the harvesting of specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the EPBC Act, taken in the Commonwealth Southern Bluefin Tuna Fishery, as defined in the management regime for the fishery made under the Commonwealth Fisheries Management Act 1991 and the Fisheries Management Regulations 1992, to be an approved wildlife trade operation, in accordance with subsection 303FN(2) and paragraph 303FN(10)(d), for the purposes of the EPBC Act.
Unless amended or revoked, this declaration:
a) is valid until 13 December 2019 and;
b) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 12 day of December 2016
Josh Frydenberg
Minister for the Environment and Energy
SCHEDULE
Declaration of the Harvest Operations of the Commonwealth Southern Bluefin Tuna Fishery as an approved wildlife trade operation, December 2016
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 Commonwealth Southern Bluefin Tuna Fishery:
Condition 1:
Operation of the Commonwealth Southern Bluefin Tuna Fishery will be carried out in accordance with the Southern Bluefin Tuna Fishery Management Plan 1995 in force under the Fisheries Management Act 1991.
Condition 2:
The Australian Fisheries Management Authority to inform the Department of the Environment and Energy of any intended material changes to the Commonwealth Southern Bluefin Tuna Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
Condition 3:
The Australian Fisheries Management Authority to produce and present reports to the Department of the Environment and Energy annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.
Condition 4:
The management arrangements for the Commonwealth Southern Bluefin Tuna Fishery to implement catch monitoring technologies which provide a high degree of confidence in the estimates of southern bluefin tuna catch in the purse seine sector.
Condition 5:
The management arrangements for the Commonwealth Southern Bluefin Tuna Fishery to begin accounting for Australia’s attributable (commercial, Indigenous and recreational fishing sector) southern bluefin tuna catch as soon as possible, and at least by 2018.
Condition 6:
The management arrangements for the Commonwealth Southern Bluefin Tuna Fishery to continue to implement all relevant measures agreed by the Commission for the Conservation of Southern Bluefin Tuna in the Commonwealth Southern Bluefin Tuna Fishery, to the extent that these are within the remit of AFMA, to support the recovery of the southern bluefin tuna stock to ecologically sustainable levels.
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. It was introduced to address the need for a comprehensive legal framework to manage and protect Australia's biodiversity and to provide for the conservation of Australia's flora, fauna, ecological communities, and heritage places. The Act was passed by the Parliament of Australia and its policy objective is to promote ecologically sustainable development by means of integrated and strategic planning, policy, and decision-making. The Minister for the Environment and Energy has the authority to declare certain wildlife trade operations as approved under the EPBC Act, subject to specific conditions aimed at ensuring the ecological sustainability of the operations.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) encompasses the declaration of approved wildlife trade operations, specifically addressing the harvesting of southern bluefin tuna within the Commonwealth Southern Bluefin Tuna Fishery. This declaration applies to operations concerning fish specimens derived from fish or invertebrates, excluding those of species listed under Part 13 of the EPBC Act. The operations must comply with the Southern Bluefin Tuna Fishery Management Plan 1995, enforced under the Fisheries Management Act 1991, and adhere to specific conditions set forth by the Minister for the Environment and Energy. These conditions include adhering to annual reporting requirements, implementing catch monitoring technologies, and ensuring the fishery's management arrangements support the recovery of the southern bluefin tuna stock to ecologically sustainable levels. The declaration is valid until December 13, 2019, unless amended or revoked, and is subject to the additional provisions detailed in the Schedule, which further stipulates the operational requirements and reporting obligations for the fishery.
Key Provisions
The main operative sections of the declaration (sections 303FN and 303FT) establish the conditions under which the Southern Bluefin Tuna Fishery can operate as an approved wildlife trade operation. Section 303FN allows the Minister to declare such operations based on satisfying specific criteria, while section 303FT details the conditions that must be adhered to. The declaration specifies that the operations for harvesting southern bluefin tuna within the Commonwealth Southern Bluefin Tuna Fishery are approved, provided that certain conditions are met. This includes adhering to the Southern Bluefin Tuna Fishery Management Plan 1995, informing the Department of any material changes to management arrangements, and implementing catch monitoring technologies.
The obligations imposed on the Australian Fisheries Management Authority (AFMA) and the management arrangements for the fishery are comprehensive. AFMA must operate the fishery in line with the Southern Bluefin Tuna Fishery Management Plan 1995 (Condition 1) and inform the Department of the Environment and Energy of any significant changes to the management arrangements (Condition 2). Additionally, AFMA is required to submit annual reports to the Department as specified in the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition (Condition 3). The management arrangements must also implement catch monitoring technologies to ensure reliable estimates of southern bluefin tuna catches (Condition 4) and begin accounting for Australia’s total catch by 2018 (Condition 5). Finally, the management arrangements must implement all relevant measures agreed upon by the Commission for the Conservation of Southern Bluefin Tuna to support the recovery of the stock (Condition 6).
Failure to comply with the conditions outlined in the declaration may result in civil or criminal consequences. While the specific penalties are not detailed in the declaration itself, breaches of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) can lead to significant penalties. For instance, individuals or corporations found in violation of the EPBC Act may face fines and, in severe cases, imprisonment. The maximum penalties can vary depending on the nature and severity of the breach, but they are designed to enforce compliance and protect biodiversity. The enforcement of these penalties would be overseen by relevant authorities under the EPBC Act.