Declaration of an Approved Wildlife Trade Operation – Commonwealth Eastern Tuna and Billfish Fishery, November 2023 made under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 Compilation No. 1 Compilation date: 26 June 2024 Includes amendments: F2024N00547 Registered: 20 August 2024 About this compilation This compilation This is a compilation of the Declaration of an Approved Wildlife Trade Operation – Commonwealth Eastern Tuna and Billfish Fishery, November 2023 that shows the text of the law as amended and in force on 26 June 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. COMMONWEALTH OF AUSTRALIA Environment Protection and Biodiversity Conservation Act 1999 DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – COMMONWEALTH EASTERN TUNA AND BILLFISH FISHERY, NOVEMBER 2023 I, BELINDA JAGO, Branch Head, Ocean and Wildlife, as Delegate of the Minister for the Environment and Water, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the Australian Fisheries Management Authority, 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, taken in the Commonwealth Eastern Tuna and Billfish Fishery as defined in the management regime in force under the: * Fisheries Management Act 1991 (Cth) * Fisheries Regulations 2019 (Cth) * Eastern Tuna and Billfish Fishery Management Plan 2020, 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), except for Grey reef shark (Carcharhinus amblyrhynchos), Copper shark (Carcharhinus brachyurus), Bull shark (Carcharhinus leucas), Common blacktip shark (Carcharhinus limbatus), Blacktip reef shark (Carcharhinus melanopterus), Dusky shark (Carcharhinus obscurus), Sandbar shark (Carcharhinus plumbeus), Australian blacktip shark (Carcharhinus tilstoni), Blue shark (Prionace glauca), Whitetip reef shark (Triaenodon obesus) and Smooth hammerhead (Sphyrna zygaena) 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 19 August 2025 and; b) is subject to the conditions applied under section 303FT specified in the Schedule. 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 Climate Change, Energy, the Environment and Water 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, Sustainable Fisheries Section, Department of Climate Change, Energy, the Environment and Water, Email: sustainablefisheries@dcceew.gov.au. 2. 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 https://www.dcceew.gov.au/environment/wildlife‑trade/cites. Schedule 1 Declaration of the harvest operations of the Commonwealth Eastern Tuna and Billfish Fishery as an approved wildlife trade operation, November 2023 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 Commonwealth Eastern Tuna and Billfish Fishery: Condition 1 Operation of the Commonwealth Eastern Tuna and Billfish Fishery must be carried out in accordance with the Eastern Tuna and Billfish Fishery Management Plan 2010 in force under the Fisheries Management Act 1991 (Cth) and the Fisheries Management Regulations 2019 (Cth). Condition 2: The Australian Fisheries Management Authority must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the Commonwealth Eastern Tuna and Billfish Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made. Condition 3: The Australian Fisheries Management Authority must inform the Department of Climate Change, Energy, the Environment and Water of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval. Condition 4: The Australian Fisheries Management Authority must produce and present reports on the Commonwealth Eastern Tuna and Billfish Fishery, including progress against all Part 13A conditions, to the Department of Climate Change, Energy, the Environment and Water by 1 August annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. Condition 5: By 19 February 2025, the Australian Fisheries Management Authority must: a) conduct and complete an updated Ecological Risk Assessment for the Commonwealth Eastern Tuna and Billfish Fishery and provide a copy of the completed assessment to the Department of Climate Change, Energy, the Environment and Water. The Ecological Risk Assessment must use data that reflects current management arrangements in the fishery, including fishing operation data collected since the implementation of electronic monitoring in the fishery. b) continue to implement management actions to address and mitigate risks and impacts for species that are identified as high risk, including data collection for species that are assessed as high risk because of missing information. Condition 6: The Australian Fisheries Management Authority must continue to identify, trial, and where appropriate, implement methods to improve the Commonwealth Eastern Tuna and Billfish Fishery's mitigation of interactions with protected species, including identifying and adopting opportunities from relevant research projects and broader international initiatives. Condition 7: The Australian Fisheries Management Authority is to consult with the Department of Climate Change, Energy, the Environment and Water prior to the implementation of any changes to management arrangements for species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Condition 8: The Australian Fisheries Management Authority must: a) continue efforts to determine the extent of the impact of fishing in the Commonwealth Eastern Tuna and Billfish Fishery on shark species b) following the next review of the National Plan of Action for the Conservation and Management of Sharks 2012 (Shark Plan 2), adopt any applicable new or adapted management obligations within 12 months of the updated plans implementation. Condition 9: The Australian Fisheries Management Authority to continue efforts to determine the extent of the impact of fishing in the Commonwealth Eastern Tuna and Billfish Fishery on marine turtle species. Condition 10: The Australian Fisheries Management Authority must continue to monitor and respond to the most recent Western and Central Pacific Fisheries Commission stock assessments and stock status determinations for striped marlin, to ensure Australia's harvest does not subject the stock to further overfishing and continues to allow for the rebuilding of the stock biomass levels. Condition 11: By 1 July 2024, the Australian Fisheries Management Authority must require that all catch of CITES listed species (including discards where possible) taken in the Commonwealth Eastern Tuna and Billfish Fishery is recorded to a species level and that these catches are reported to the Department of Climate Change, Energy, the Environment and Water as part of the annual reporting requirement referred to in Condition 4. Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003. If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history. Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub‑subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3—Legislation history Name Registration Commencement Application, saving and transitional provisions Declaration of an Approved Wildlife Trade Operation – Commonwealth Eastern Tuna and Billfish Fishery, November 2023 20 Nov 2023 (F2023N00549) 21 Nov 2023 Declaration of an Approved Wildlife Trade Operation – Commonwealth Eastern Tuna and Billfish Fishery, June 2024 25 June 2024 (F2024N00547) 26 June 2024 — Endnote 4—Amendment history Provision affected How affected Schedule 1 Condition 5............... rs F2024N00547 ed C1 Endnote 5—Editorial changes In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003. Schedule 1 (Condition 5) Kind of editorial change Give effect to the misdescribed amendment as intended and change to punctuation Details of editorial change The Declaration of an Approved Wildlife Trade Operation – Commonwealth Eastern Tuna and Billfish Fishery, June 2024 provides as follows: Delete the words: Condition 5 By 30 July 2024, the Australian Fisheries Management Authority must: a) publish an updated Ecological Risk Assessment for the Commonwealth Eastern Tuna and Billfish Fishery using data that best reflects the management arrangements which the fishery currently operates within. The Australian Fisheries Management Authority should ensure the data used to inform the updated Ecological Risk Assessment includes fishing operations data collected since the implementation of electronic monitoring in the fishery b) continue to implement management actions to address and mitigate risks and impacts for species that are identified as high risk, including data collection for species that are assessed as high risk because of missing information. and replace with the words: Condition 5 By 19 February 2025, the Australian Fisheries Management Authority must: a) conduct and complete an updated Ecological Risk Assessment for the Commonwealth Eastern Tuna and Billfish Fishery and provide a copy of the completed assessment to the Department of Climate Change, Energy, the Environment and Water. The Ecological Risk Assessment must use data that reflects current management arrangements in the fishery, including fishing operation data collected since the implementation of electronic monitoring in the fishery. b) continue to implement management actions to address and mitigate risks and impacts for species that are identified as high risk, including data collection for species that are assessed as high risk because of missing information. The text "Condition 5" does not appear in Schedule 1. However, the text "Condition 5:" does appear. This compilation was editorially changed to apply the amendment to Condition 5 of Schedule 1 to give effect to the misdescribed amendment as intended and to insert a colon after "Condition 5" in Schedule 1 to correct the punctuation.