Protected species

As part of its commitment to promoting sustainable use of fisheries resources, the Australian Fisheries Management Authority (AFMA) engages in many protected species issues.

A number of marine species are listed under the Environment Protection and Biodiversity Conservation Act 1999 including seals and sealions, sharks, turtles, seabirds and cetaceans (whales and dolphins). The fishing industry interacts with these species and as such must be accredited to do so.

Species listed fall into four main categories:

• a member of a listed threatened species or listed threatened ecological community,
• a member of a listed migratory species,
• a member of a listed marine species; or
• a cetacean.

AFMA addresses issues associated with the effects of fishing on listed species through developing and implementing mitigation measures that are designed to reduce the interactions, or impact of interactions, with protected species. Examples include Turtle Excluder Devices, Seal Exclusion Devices, different mesh sizes, spatial or temporal fishery closures and line-cutting devices.

As well as these practical "on-the-ground" measures, AFMA is developing Bycatch Action Plans and is assisting the Department of Environment, Water, Heritage and the Arts in developing Threat Abatement Plans. AFMA is an active participant in inter-agency protected species groups such as the National Seal Strategy Group, the National Turtle Recovery Group, the National Shark Recovery Group and the Shark-plan Implementation Review Committee.

Regular updates of our involvement in fishery specific, national and international protected species issues is provided in AFMA Update.

Interactions with protected species

An interaction is any physical contact a person, boat or gear has with a protected species including catching and colliding with any of these species.

It is an offence to interact with a protected species under the Environment Protection and Biodiversity Conservation Act 1999. However, the Act specifies certain actions are not offences, including actions authorised by a permit or undertaken in accordance with an accredited management plan or regime.

Inevitably, as a result of being a wild animal harvesting industry, the fishing industry will interact with protected species. AFMA seeks accreditation under Part 13 of the EPBC Act 1999 for interactions with protected species. Without the accreditation, fishing operators may be liable for prosecution for the capture of protected species.

The fishery is assessed by the Minister for the Environment, Heritage and the Arts to determine whether all reasonable measures are being taken to avoid the incidental capture of protected species. The fishery can be accredited on the basis that the management plan or regime includes all reasonable steps to ensure that members of protected species are not adversely affected by the fishing operation. Fisheries are accredited for interactions with protected species through the strategic assessment process.

As of October 2007, all Commonwealth fisheries have been accredited.

As long as operators are fishing in accordance with management arrangements it is not an offence to interact with a protected species. It is, however, an offence not to report these interactions.

Reporting interactions with protected species
Protected Species ID Guide

Page last updated 18 November, 2008