Declaration of an Approved Wildlife Trade Operation – Torres Strait Finfish Fishery, December 2020

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

Legislation au F2020N00171 Not in force Notifiable Instrument

Legislation content

COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – TORRES STRAIT FINFISH FISHERY, DECEMBER 2020

 

I, LAURA TIMMINS, Senior Director, Office of Wildlife Trade, as Delegate of the Minister for the Environment, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the Australian Fisherises Management Authority 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 taken in the Torres Strait Finfish Fishery as defined in the management regime in force under the Torres Strait Fisheries Act 1984 (Cth), Torres Strait Fisheries Regulations 1985 (Cth), Torres Strait Finfish Fishery Management Plan 2013, Torres Strait Fisheries Management Instrument No. 14 (Cth), Torres Strait Fisheries (Finfish) Management Instrument 2020 (Cth) and Torres Strait Fisheries (Furnishing of Logbooks) Instrument 2020 (Cth), but not including

(a)    specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or

(b)   specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or

(c)    specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or

(d)   specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List).

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 from the day after the date of registration on the Federal Register of Legislation until 1 November 2023 and;

b)             is subject to the conditions applied under section 303FT specified in the Schedule.

 

 

Dated this 23 day of December 2020

 

 

 

Laura Timmins

………….…….…………………………………

Delegate of the Minister for the Environment

 

Notes:                                                                                                                                                                          

  1. Under the Administrative Appeals Tribunal Act 1975, 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 Agriculture, Water and the Environment within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Appeals 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, Wildlife Trade Assessments Section, Department of Agriculture, Water and the Environment, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au..

Declaration of the harvest operations of the Torres Strait Finfish Fishery as an approved wildlife trade operation, December 2020

 

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 and Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), taken in the Torres Strait Finfish Fishery:

 

Condition 1:

The Torres Strait Protected Zone Joint Authority must ensure that operation of the Torres Strait Finfish Fishery is carried out in accordance with management arrangements defined in the Torres Strait Fisheries Act 1984, Torres Strait Fisheries Regulations 1985, Torres Strait Finfish Fishery Management Plan 2013, Torres Strait Fisheries Management Instrument No. 14, Torres Strait Fisheries (Finfish) Management Instrument 2020, Torres Strait Fisheries (Furnishing of Logbooks) Instrument 2020 and in fishery permit conditions.

 

Condition 2:

The Torres Strait Protected Zone Joint Authority must inform the Department of Agriculture, Water and the Environment of any intended material changes to the Torres Strait Finfish Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

 

Condition 3:

The Torres Strait Protected Zone Joint Authority must inform the Department of Agriculture, Water and the Environment of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.

 

Condition 4:

The Torres Strait Protected Zone Joint Authority must provide reports to the Department of Agriculture, Water and the Environment annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.

 

Condition 5:

By 30 June 2023 the Torres Strait Protected Zone Joint Authority must complete an ecological risk assessment of the Torres Strait Finfish Fishery and develop a associated risk management strategy to address any risks identified in this assessment.

 

Condition 6:

The Torres Strait Protected Zone Joint Authority must review the current measures applied to the management of the take of sharks in the Torres Strait Finfish Fishery to ensure that they are in line with Commonwealth best practice.

 

Condition 7:

The Torres Strait Protected Zone Joint Authority must review the appropriateness of the current minimum size limits for Spanish Mackerel in the Torres Strait Finfish Fishery.

Condition 8:

By 30 June 2023 the Torres Strait Protected Zone Joint Authority must develop a harvest strategy for the Torres Strait Finfish Fishery.

 

Condition 9:

The Torres Strait Protected Zone Joint Authority must ensure that there is a sufficient level of compliance measures in place to ensure the sustainable management of the Torres Strait Finfish Fishery, in accordance with the management arrangements in place for the fishery, including the reporting of interaction with protected species.

 

Recommendation 1:

The Australian Fisheries Management Authority to continue to work with the Department of Agriculture, Water and the Environment and the Protected Zone Joint Authority to implement changes to the Torres Strait Fisheries Act 1984 to allow data reporting requirements to apply to all fishing sectors in the fishery.

 

Data collection requirements are to include:

 

  • The total quantity of each target and non-target species removed from the fishery, including any catch discarded prior to landing to an authorised fish receiver;
  • Catch and effort data, including location of all commercial fishing activity; and
  • Interactions with protected species.

 

Progress and outcome of this recommendation to be included in annual reports required under condition 4.

 

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a cornerstone of Australia's environmental governance, enacted to provide for the protection of the environment, particularly matters of national environmental significance. The Act was introduced to address the need for a comprehensive framework to manage and protect Australia's biodiversity and natural heritage, ensuring that development and other activities do not have significant adverse impacts on the environment. The Act was enacted by the Parliament of Australia and aims to integrate environmental considerations into decision-making processes, promoting sustainable development and the conservation of biodiversity. The declaration of an approved wildlife trade operation for the Torres Strait Finfish Fishery under the EPBC Act aims to ensure that the fishery's operations align with ecological sustainability and biodiversity conservation objectives, subject to specific conditions that govern management practices and reporting requirements. The declaration by Laura Timmins, as Delegate of the Minister for the Environment, recognises the Torres Strait Finfish Fishery's operations as an approved wildlife trade operation under the EPBC Act, provided they adhere to stringent conditions that exclude certain species and ensure compliance with relevant management plans and legislative instruments. This decision underscores the importance of balancing economic activities with environmental protection, ensuring that the fishery operates sustainably without compromising the ecological integrity of the Torres Strait. The Torres Strait Protected Zone Joint Authority is tasked with ensuring adherence to these conditions, which include reporting requirements, risk assessments, and reviews of management practices to maintain the fishery's ecological sustainability.

Scope and Application

The declaration pertains to the operations involved in the harvesting of specimens from the Torres Strait Finfish Fishery, specifically those fish or invertebrates, excluding specimens of species listed under Part 13 and Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This encompasses all activities related to the management and operation of the fishery, including those defined under the Torres Strait Fisheries Act 1984, Torres Strait Fisheries Regulations 1985, Torres Strait Finfish Fishery Management Plan 2013, Torres Strait Fisheries Management Instrument No. 14, Torres Strait Fisheries (Finfish) Management Instrument 2020, and Torres Strait Fisheries (Furnishing of Logbooks) Instrument 2020. The declaration is applicable to the Torres Strait Protected Zone Joint Authority, which is responsible for managing the fishery. The geographic scope of the Act is national, as it involves the management of a fishery that falls under the Commonwealth's jurisdiction. The declaration includes several conditions and a recommendation that the Torres Strait Protected Zone Joint Authority must adhere to, ensuring the sustainable management of the fishery and compliance with relevant legislation and management plans. The declaration is valid until 1 November 2023, unless amended or revoked earlier. The declaration does not extend to specimens belonging to taxa listed under section 209 (Australia’s List of Migratory Species), section 248 (Australia’s List of Marine Species), section 303BC (eligible listed threatened species), or section 303CA (Australia’s CITES List) of the EPBC Act.

Key Provisions

The main operative sections of this declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) include section 303FN, which allows the declaration of approved wildlife trade operations, and section 303FT, which sets out specific conditions for such operations. Section 303FN(2) and paragraph 303FN(10)(d) are particularly relevant here, providing the legal basis for this declaration. The declaration specifies the conditions under which the harvesting of specimens from the Torres Strait Finfish Fishery is considered an approved wildlife trade operation, with certain exclusions for listed species under the EPBC Act. The obligations imposed on the parties governed by this declaration primarily fall on the Torres Strait Protected Zone Joint Authority. They must ensure that the operation of the Torres Strait Finfish Fishery adheres to the specified management arrangements and legislative instruments. This includes ensuring compliance with the Torres Strait Fisheries Act 1984, Torres Strait Fisheries Regulations 1984, and related management plans and instruments. Furthermore, the Authority must inform the Department of Agriculture, Water and the Environment of any significant changes to the fishery's management arrangements or relevant legislation. Additionally, the Authority must submit annual reports detailing the fishery’s ecological sustainability and implement an ecological risk assessment and a harvest strategy by 30 June 2023. They are also required to review and ensure the appropriateness of current management measures for species such as sharks and Spanish Mackerel. Failure to comply with the conditions outlined in this declaration could result in several consequences. Under the EPBC Act, breaches of the declared conditions may lead to enforcement actions by the relevant authorities. While specific offences and penalties are not detailed in the declaration itself, breaches of conditions under the EPBC Act can lead to substantial penalties. For example, non-compliance with management plans and regulations could result in fines and other legal actions. Additionally, if the operations impact listed threatened species or protected migratory species, further penalties may apply under specific provisions of the EPBC Act, which can include significant financial penalties and, in some cases, imprisonment. The exact penalties would depend on the specific nature and severity of the breach.

Legal classification tags

Area of Law
Environmental Law
Instrument
Notifiable instrument
Concepts
Reporting & Disclosure Obligations
Compliance Obligations
Prohibited Conduct
Enforcement Powers
Catchwords
Ecological risk assessment
Harvest strategy

Interactions

Authorises

All Versions

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.