COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
I, GREG HUNT, 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 Western Australian Department of Fisheries, 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 Western Australian Pilbara Fish Trawl Interim Managed Fishery, as defined in the management regime for the fishery, made under the Western Australian Fish Resources Management Act 1994 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 18 May 2017 and;
b) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 14th day of May 2014
……………………Greg Hunt……………………
Notes:
Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Australia’s CITES list under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia’s CITES Scientific Authority has issued a non detriment finding for that species. Further information, including a list of species for which non detriment findings have been issued and the fisheries from which they may be sourced, is available from http://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally-endangered-plants-and-animals-cites/how-export.
SCHEDULE
Declaration of the Harvest Operations of the Western Australian Pilbara Fish Trawl Interim Managed Fishery as an approved Wildlife Trade Operation, May 2014
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) (other than species listed in the conservation dependent category), taken in the Pilbara Fish Trawl Interim Managed Fishery.
- Operation of the fishery will be carried out in accordance with the management regime in force under the Western Australian Fish Resources Management Act 1994 and the Western Australian Fish Resources Management Regulations 1995.
- The Western Australian Department of Fisheries to inform the Department of the Environment of any intended material changes to the Western Australian Pilbara Fish Trawl Interim Managed Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
- The Western Australian Department of Fisheries to produce and present reports to the Department of the Environment annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.
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, and to ensure that biodiversity is conserved and managed sustainably. The Act was introduced to address the need for comprehensive legislation that integrates environmental protection with sustainable development. The enacting body was the Commonwealth Parliament, with the policy objective of balancing environmental protection with economic activities such as trade. This declaration, issued by Greg Hunt, the Minister for the Environment, under section 303FN of the EPBC Act, recognises the Western Australian Pilbara Fish Trawl Interim Managed Fishery's operations as an approved Wildlife Trade Operation, provided they adhere to specified conditions. This recognition ensures compliance with Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and promotes the sustainable management of fish and invertebrate resources within the fishery.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the operations of the Western Australian Pilbara Fish Trawl Interim Managed Fishery, specifically for the harvesting of fish or invertebrate specimens, excluding those species listed under Part 13 of the EPBC Act, other than those listed in the conservation dependent category. The declaration pertains to entities such as the Western Australian Department of Fisheries and those engaged in the fishery operations, ensuring that they comply with the ecological sustainability criteria set forth by the EPBC Act. This declaration is geographically limited to the Pilbara region of Western Australia and is subject to the conditions specified in the Schedule of the Act, which mandates adherence to the Western Australian Fish Resources Management Act 1994 and the Western Australian Fish Resources Management Regulations 1995. The Minister's declaration also requires the Western Australian Department of Fisheries to notify the Department of the Environment of any significant changes to the fishery management arrangements and to submit annual reports in compliance with the Guidelines for the Ecologically Sustainable Management of Fisheries.
Key Provisions
Section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines the Minister's authority to declare a wildlife trade operation as approved. This declaration pertains to the operations for the harvesting of fish or invertebrate specimens, excluding those of species listed under Part 13 of the EPBC Act, in the Western Australian Pilbara Fish Trawl Interim Managed Fishery. The Minister, having considered the application from the Western Australian Department of Fisheries, public comments, and advice on ecological sustainability, has declared these operations to be an approved Wildlife Trade Operation, effective until 18 May 2017, and subject to conditions outlined in the Schedule (section 303FT).
The declaration imposes specific obligations on the Western Australian Department of Fisheries. These include the requirement to inform the Department of the Environment of any material changes to the management arrangements of the Pilbara Fish Trawl Interim Managed Fishery that may affect the ecological assessment (Schedule). Additionally, the Department must produce and submit annual reports to the Department of the Environment, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition (Schedule).
The legislation does not explicitly outline offences, penalties, or consequences for breach within the provided text. However, non-compliance with the obligations and requirements under the EPBC Act, such as failing to report material changes or submit annual reports, could potentially lead to enforcement actions by the Department of the Environment. Given that the legislation does not specify penalties within the provided excerpt, any enforcement would likely be determined by the EPBC Act or relevant administrative procedures.