Notice of call for public comment - Draft Threat Abatement Plan for the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act was introduced to address the problem of biodiversity loss, ecosystem degradation, and other environmental issues that impact both national and global scales. The Act was enacted by the Parliament of Australia and aims to protect and manage Australia's environment by providing a framework for the conservation and sustainable use of biodiversity and ecological communities. The policy objective of the Act is to ensure that the environment is protected and conserved for future generations, while also promoting sustainable development and economic growth. The Department of the Environment and Energy has recently released a draft Threat Abatement Plan for the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations, and is seeking written comments from interested groups and individuals. This draft plan addresses the listed key threatening process ‘the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations’ and describes the research, management and other actions to reduce the impacts of the key threatening process on seabirds. The public comment period for the draft plan will close on 30 June 2017.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to the management and conservation of Australia’s biodiversity and natural environment. The Act specifically pertains to the protection of listed threatened species, ecological communities, and key threatening processes, including the incidental catch of seabirds during oceanic longline fishing operations. This legislation applies to any person or entity conducting activities that may impact on matters of national environmental significance as defined under the Act. It operates at a national level across Australia and its external territories, providing a framework for the protection and sustainable use of the environment. The draft Threat Abatement Plan under this Act targets the mitigation of bycatch of seabirds, aiming to reduce the impact of oceanic longline fishing on seabird populations. The plan is open for public comment, extending the Act’s application through subordinate instruments that facilitate stakeholder engagement and collaborative management of environmental threats.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) is the primary legislation governing environmental protection in Australia. Within this context, Section 475(2) provides for the development of Threat Abatement Plans (TAPs) to address specific environmental threats. The draft TAP for the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations, outlined in the notice, is a critical document designed to mitigate the impact of this key threatening process on seabird populations, as identified under Section 183 of the EPBC Act. This draft plan details the proposed research, management strategies, and other actions intended to reduce seabird bycatch in longline fishing activities. The obligations imposed by the EPBC Act on entities and individuals under this draft TAP include a requirement to provide written feedback and comments to the Department of the Environment and Energy during the public comment period. This engagement is mandated to ensure that the draft TAP incorporates comprehensive, evidence-based strategies that reflect the concerns and insights of stakeholders. Section 475(4) of the EPBC Act outlines the process for developing a TAP, which includes a call for public comment, as seen in the current notice. The requirement to submit feedback ensures that the draft TAP is informed by a broad range of perspectives, enhancing its effectiveness and relevance. Failure to comply with the obligations set out in the EPBC Act, or with the provisions of the draft TAP, can result in significant consequences. While the EPBC Act itself does not specify penalties for non-compliance with the TAP consultation process, breaches of the Act’s provisions can lead to enforcement actions under Section 536, which includes fines and imprisonment. Furthermore, non-compliance with approved TAP measures, once finalised, could also result in sanctions under the EPBC Act. These potential penalties underscore the importance of adhering to the legislative requirements and participating in the consultation process to help shape effective environmental protection measures.