Declaration of an Approved Wildlife Trade Operation – Victorian PQ Aquatics Syngnathids, December 2021

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, including endangered species and ecological communities. The Act aims to promote ecologically sustainable development by preventing significant impacts on the environment. The EPBC Act was introduced to address the need for a comprehensive framework to protect Australia's environment, including its unique flora and fauna. The Parliament of Australia enacted the Act to provide a mechanism for the protection of the environment and to ensure that development and resource use do not have unacceptable impacts on the environment. This declaration under the EPBC Act allows for the approval of wildlife trade operations, such as the harvest of specific seadragon and seahorse species by PQ Aquatics, provided certain conditions are met to ensure ecological sustainability.

Scope and Application

This notifiable instrument under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains to the operations of PQ Aquatics, a company involved in the harvesting of certain syngnathid species in Victorian waters. This declaration applies to PQ Aquatics and its operations concerning the harvest of Weedy Seadragon (Phyllopteryx taeniolatus), Short-headed Seahorse (Hippocampus breviceps) and Pot-bellied Seahorse (Hippocampus abdominalis). The geographic reach of this declaration is limited to the waters of Victoria, aligning with the jurisdictional framework set out under the Fisheries Act 1995 (Vic) and the Fisheries Regulations 2019 (Vic). The declaration imposes specific conditions on the wildlife trade operation, such as restrictions on the export of syngnathid specimens and mandates adherence to the management arrangements specified by the Victorian Fisheries Authority. Additionally, PQ Aquatics is required to report annually on its activities to the Department of Agriculture, Water and the Environment, providing detailed information on the harvest, research outcomes, and stock quantities. The declaration also prohibits the release of wild-caught and cultured syngnathids back into the wild. This decision is subject to review by affected parties and the Administrative Appeals Tribunal, and individuals may seek information under the Freedom of Information Act 1982 (Cth).

Key Provisions

The main operative sections of the declaration pertain to the recognition of PQ Aquatics' wildlife trade operation as approved under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303FN requires the Principal Director, Wildlife Trade Office, to declare the operation as approved, which has been done in accordance with the requirements set forth in the EPBC Act. The declaration outlines specific conditions governing the operation, such as restrictions on the export of syngnathid species (Section 303FT(1)), adherence to management arrangements specified by the Victorian Fisheries Authority (Section 303FT(2)), and the submission of annual reports detailing harvest activities, research results, and stock quantities (Section 303FT(5)). Additionally, the declaration stipulates that wild-caught and cultured syngnathids must not be returned to the wild (Section 303FT(6)). The obligations imposed on PQ Aquatics under this Act include ensuring that their operations comply with the conditions outlined in the declaration. This includes adhering to the specified management arrangements (Section 303FT(2)), notifying the Department of Agriculture, Water and the Environment of any material changes to the operation’s management arrangements or relevant fisheries legislation (Sections 303FT(3) and 303FT(4)), and submitting annual reports that detail all relevant activities and outcomes (Section 303FT(5)). Compliance with these obligations is essential to maintain the approval status of the wildlife trade operation under the EPBC Act. Failure to comply with the conditions set forth in the declaration can result in significant consequences. While the specific penalties for breaches are not detailed within the text of the declaration, breaches of wildlife trade regulations under the EPBC Act can lead to criminal and civil penalties. These may include fines and imprisonment for individuals, and fines for companies. For instance, under the EPBC Act, an individual can face a fine of up to $330,000 or imprisonment for up to five years, or both, for contravening the Act. Companies can face fines of up to $2.1 million for similar breaches. Additionally, there may be implications for the revocation of the approved wildlife trade operation status, which would significantly impact PQ Aquatics' ability to continue their activities.