Declaration of an Approved Wildlife Trade Operation – Torres Strait Prawn Fishery, June 2026

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to facilitate ecologically sustainable development. This Act addresses the problem of ensuring that wildlife trade operations do not adversely impact the environment or biodiversity. The declaration of the Torres Strait Prawn Fishery as an approved wildlife trade operation under section 303FN of the EPBC Act aims to allow for the sustainable harvesting of prawns while mitigating potential ecological impacts. The decision was made by Belinda Jago, the Delegate of the Minister for the Environment and Water, after considering the application from the Australian Fisheries Management Authority and related advice. The policy objective is to manage the fishery in a way that balances ecological sustainability with economic activity, ensuring that the operations do not harm listed threatened species or marine biodiversity. The declaration is valid until 1 June 2031 and is subject to specific conditions that require the Australian Fisheries Management Authority to provide annual reports and conduct a risk assessment by 30 June 2029.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the operations of the Torres Strait Prawn Fishery, excluding specimens of taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), specimens of taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), specimens of eligible listed threatened species, as defined under section 303BC of the EPBC Act, and specimens of taxa listed under section 303CA of the EPBC Act (taxa listed in the CITES Appendices). This declaration applies to the operations within the Torres Strait Prawn Fishery as defined by the Torres Strait Fisheries Act 1984 (Cth), the Torres Strait Fisheries Regulations 1985 (Cth), and the Torres Strait Prawn Fishery Management Plan 2009. The declaration is made by the Delegate of the Minister for the Environment and Water and is valid until 1 June 2031, subject to specific conditions that apply to the approved wildlife trade operation. These conditions include the requirement for the Australian Fisheries Management Authority to provide an annual report to the Department of Climate Change, Energy, the Environment and Water, and to conduct a risk assessment by 30 June 2029. The declaration is subject to independent review under the Administrative Review Tribunal Act 2024.

Key Provisions

The key provisions of this notifiable instrument declare the operations for the harvesting of specimens in the Torres Strait Prawn Fishery as an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This declaration applies to specimens taken in the fishery, excluding those belonging to taxa listed under section 209 (Australia’s List of Migratory Species), section 248 (Australia’s List of Marine Species), eligible listed threatened species under section 303BC, and taxa listed under section 303CA (CITES Appendices). This declaration is valid until 1 June 2031, and it is subject to the conditions specified in Schedule 1 (section 303FT). The obligations and requirements imposed by this declaration on the Australian Fisheries Management Authority include providing the Department of Climate Change, Energy, the Environment and Water with an annual report by 31 May each year, consistent with Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries (Condition 1). If there are any intended changes to legislative instruments or material changes to management arrangements that may affect the basis on which the export approval was made for this fishery, the department must be notified. Additionally, the Australian Fisheries Management Authority must conduct a risk assessment for the Torres Strait Prawn Fishery by 30 June 2029, considering the risks posed to all non-target species, habitats, and the broader ecosystem (Condition 2). The notifiable instrument also outlines potential consequences for non-compliance. While the document does not explicitly state specific offences, penalties, or civil/criminal consequences, non-compliance with the conditions set forth in the declaration could result in the withdrawal of the approved wildlife trade operation status for the fishery. Such withdrawal could have significant implications for the operations and export activities of the Torres Strait Prawn Fishery. For more information on the potential consequences of non-compliance, interested parties can contact the Director, Sustainable Fisheries Section, Department of Climate Change, Energy, the Environment and Water.