Declaration of an Approved Wildlife Trade Operation – Tasmanian Freshwater Eel Fishery, July 2026

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with regard to matters of national environmental significance. This legislation aims to address the problem of biodiversity loss and the unsustainable exploitation of natural resources. Enacted by the Parliament of Australia, the Act seeks to achieve its policy objectives through stringent environmental protection measures, including the regulation of wildlife trade operations. In accordance with the Act, a declaration has been issued by Belinda Jago, Delegate of the Minister for the Environment and Water, recognising the Tasmanian Freshwater Eel Fishery as an approved wildlife trade operation. This declaration ensures that the fishery complies with the standards and conditions set out in the Act, while excluding specimens of taxa listed under specific sections of the Act. This measure supports the ongoing protection and sustainable management of Australia's biodiversity. The declaration of the Tasmanian Freshwater Eel Fishery as an approved wildlife trade operation is subject to certain conditions designed to maintain ecological sustainability and adaptive management practices. These conditions include the provision of an annual report by the Inland Fisheries Service, the development of fishery-specific management objectives by 31 July 2028, and the conduct of an ecological risk assessment by the same date. Furthermore, the declaration is valid until 17 July 2031 and is subject to the conditions outlined in Schedule 1, ensuring that the fishery operates within the regulatory framework established by the Environment Protection and Biodiversity Conservation Act 1999. This approach reinforces the commitment to safeguarding Australia's unique biodiversity and managing natural resources sustainably.

Scope and Application

The declaration under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains to the operations for the harvesting of specimens from the Tasmanian Freshwater Eel Fishery, which are or are derived from fish or invertebrates. This declaration applies to the Tasmanian Inland Fisheries Service and the operations conducted within the framework of the Inland Fisheries Act 1995 (Tas) and the Inland Fisheries Regulations 2019 (Tas). Notably, the declaration excludes specimens that are listed under section 209 of the EPBC Act as Australia’s List of Migratory Species, section 248 as Australia’s List of Marine Species, or any eligible listed threatened species under section 303BC of the EPBC Act. The geographic scope of this declaration is limited to operations within the state of Tasmania, and it is subject to specific conditions outlined in Schedule 1, which include annual reporting, the development of management objectives, and conducting an ecological risk assessment. The declaration is valid until 17 July 2031, unless revoked or amended, and it is subject to independent review under the Administrative Review Tribunal Act 2024.

Key Provisions

The main operative sections of the declaration establish the Tasmanian Freshwater Eel Fishery as an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303FN). The declaration specifically exempts certain specimens from this approval, including those listed under section 209 (Australia’s List of Migratory Species), section 248 (Australia’s List of Marine Species), and eligible listed threatened species (section 303BC). The declaration is valid until 17 July 2031 and is subject to conditions outlined in Schedule 1 (section 303FT). The obligations imposed on the Tasmanian Inland Fisheries Service include the provision of an annual report to the Department of Climate Change, Energy, the Environment and Water by 31 March each year, consistent with the guidelines for the ecologically sustainable management of fisheries (Schedule 1, Condition 1). Additionally, the Service must notify the Department of any intended changes to legislative instruments or management arrangements that may impact the export approval (Schedule 1, Condition 1). Furthermore, the Service is required to develop and implement fishery-specific management objectives by 31 July 2028, incorporating performance indicators, triggers, and appropriate management responses (Schedule 1, Condition 2). Ongoing measures for monitoring the fishery's status in relation to these indicators must also be implemented. Another obligation is to conduct an ecological risk assessment for the fishery by 31 July 2028, which must consider the risks to target and non-target species, habitats, and the broader ecosystem (Schedule 1, Condition 3). During the term of the approval, the Service must investigate management actions to address any identified high-risk impacts. Breaches of the conditions outlined in Schedule 1 may result in civil and/or criminal consequences. The Act does not specify maximum penalties for non-compliance with the conditions, but the breach of any condition could lead to the revocation of the approved wildlife trade operation status, administrative penalties, and potential legal action. The declaration also notes that affected parties can apply for a statement of reasons or for independent review of the decision within 28 days of the declaration's date under the Administrative Review Tribunal Act 2024.