Minister for the Environment v JN and KC Basile Pty Ltd

PART II REGULATION OF COMMERCIAL FISHING IN COMMONWEALTH FISHERIES

Regulation of commercial fishing through Commonwealth fisheries 10. Commercial fishing in Commonwealth waters is regulated through the use of designated Commonwealth fisheries. 11. The Australian Fisheries Management Authority (AFMA) is responsible for managing Commonwealth fisheries. 12. To ensure the efficient management and ecologically sustainable use of Commonwealth fish resources, AFMA manages Commonwealth fisheries through a concession and quota system. This system limits the number of vessels able to conduct fishing activities in each fishery and makes those activities subject to various conditions. It also limits the total authorised catch for various species in each fishery. 13. There are presently 18 Commonwealth fisheries covering Commonwealth waters right around the Australian coast and extending around Macquarie Island, Cocos (Keeling) Islands and Norfolk Island. The locations of these fisheries are marked on the map included as SAF2.

The Eastern Tuna and Billfish Fishery 14. The ETBF is a significant Commonwealth fishery located off the coast of Eastern Australia. In 2016-2017, its estimated gross value of production was $39 million. 15. The ETBF stretches along the entire eastern coast of Australia. The boundaries of the ETBF are marked on the map annexed as SAF3. 16. Before engaging in commercial fishing in the ETBF, a person needs to obtain either longline or minorline boat Statutory Fishing Rights, and quotas to catch certain species of fish. Fish species managed by quota in the ETBF include Albacore Tuna, Bigeye Tuna, Yellowfin Tuna, Broadbill Swordfish and Striped Marlin. Southern Bluefin Tuna may be caught in the ETBF, but the quota for them are managed nationally as part of the Southern Bluefin Tuna Fishery (SBTF). The Southern Bluefin Tuna Fishery 17. The SBTF is a Commonwealth fishery which covers the entire sea area around Australia, out to the boundaries of the Australian Exclusive Economic Zone (about 200 nautical miles (370 kilometres) from the coast). In 2016-17, the estimated gross value of production from the SBTF was $38.6 million. 18. The SBTF is managed by limiting the total catch of Southern Bluefin Tuna in accordance with Australia's international conservation obligations. To catch Southern Bluefin Tuna in the SBTF, a fisher must hold a Southern Bluefin Tuna quota statutory fishing right (SFR). Each fisher is limited to catching Southern Bluefin Tuna up to the amount of quota SFRs that they hold. These quota SFRs entitle the fisher to take a certain weight of Southern Bluefin Tuna in kilograms, based on a 'live weight value' set each season. In the 2017-2018 season, the live weight value for a single SFR in the SBTF was 1.15787216 kilograms. The whole fishery is also limited to a total allowable catch that is set each season. In the 2017-2018 season, the total allowable catch nationally for the SBTF was increased from 5,665,000 kilograms to 6,165,000 kilograms. 19. In 2017, there were 84 statutory fishing right owners in the SBTF. In 2019, 179 boat SFRs have been issued for the ETBF, including a total of 86 longline boat SFRs and 93 minor-line boat SFRs.

PART III THE FLINDERS COMMONWEALTH MARINE RESERVE 20. The Flinders Commonwealth Marine Reserve is a Commonwealth marine reserve which was declared by proclamation under s 344(1) of the EPBC Act on 28 June 2007.1 21. A copy of the proclamation declaring the Reserve is included as SAF4. 22. The Reserve is located east of the north-east tip of Tasmania and Flinders Island and extends over 400 kilometres eastward to the edge of Australia's exclusive economic zone. It has an area of approximately 27,043km2, and includes water at depths from about 40 metres to over 3,000 metres. 23. The Reserve has two zones: a Marine National Park Zone and a Multiple Use Zone. 24. The Marine National Park Zone comprises the vast majority of the Reserve. It covers an area of approximately 25,812 km2. The Multiple Use Zone only covers the remaining area of approximately 1,231 km2. 25. A map showing the location and boundaries of the Reserve and the Marine National Park Zone within the Reserve is annexed as SAF5.

Prohibition on commercial fishing in the Marine National Park Zone 26. Commercial fishing is prohibited in the Marine National Park Zone. Commercial fishing has been prohibited in this area since the Reserve was first proclaimed in 2007. 27. The Reserve is, and was in June and July 2017, managed under the South-east Commonwealth Marine Reserves Network Management Plan 2013-2023. 28. The Management Plan prohibits all forms of fishing in the Marine National Park Zone, including commercial, recreational and charter fishing. Only vessel transiting is allowed. 29. A copy of the Management Plan is included as SAF6.

Special features of the Reserve 30. The special features of the Reserve are set out below by way of background. It is not suggested that all of these features were affected by the contravening conduct the subject of these proceedings. The extent to which the contravening conduct affected, or may have affected, the special features of the Reserve is addressed in Part VII, below. 31. Key bathymetrical features of the Reserve include its continental shelf and a long section of steep continental slope which is incised by a series of submarine canyons and deeper abyssal plains off the north-east of Tasmania. The contravening conduct the subject of these proceedings took place in the surface waters above one of these abyssal plains - approximately 130 km from the continental slope and 165 km from the continental shelf. 32. Seafloor habitats in the Reserve include sheer rocky walls and large rocky outcrops that support a diversity of deep-sea communities. 33. The seafloor habitats on the continental shelf include large expanses of sandy and muddy sentiment and low profile rocky reefs suitable for sponge gardens and providing habitat for a wide variety of fishes and invertebrates. The continental slope and submarine canyons are known to provide feeding grounds for high concentrations of fish. 34. Another prominent feature of the Reserve is a large offshore seamount believed to be too deep to have been fished. The contravening conduct took place approximately 140 km from this Seamount. Seamounts are considered to be important centres of deep ocean biodiversity, production and endemism. Each of the large seamounts to the east of Tasmania are believed to be biologically important, providing habitat to species that may be unique to each seamount and to a range of more widely occurring species that make their homes only on their rocky slopes. 35. Biodiversity is influenced by summertime incursions of the warm East Australian Current and associated large-scale, anti-clockwise whirlpools. 36. The Reserve is recognised as an important foraging sanctuary for many seabird species, including the following vulnerable or endangered species: 36.1. Wandering Albatross (globally vulnerable, decreasing population, nationally vulnerable, endangered in Tasmania); 36.2. Yellow-nosed Albatross (globally endangered, decreasing population, nationally vulnerable); 36.3. Shy Albatross (globally near threatened, nationally vulnerable); 36.4. Gould's Petrel (globally vulnerable, decreasing population, nationally endangered); and 36.5. Antipodean Albatross (globally endangered, nationally vulnerable). 37. The Reserve is an important area for the migration of humpback whales, as well as other marine mammals such as southern right whales, sei whales, dolphins and orcas. 38. The Reserve includes the habitat of a suite of continental shelf and continental slope shark species, including school shark (Galeorhinus galeus) and gulper shark (Centrophorus granulosus) and, between 400 and 600 metre depths, Harrisson's dogfish (Centrophorus harrissoni) and southern dogfish (Centrophorus zeehaani). The Harrisson's dogfish is a conservation dependent species of shark which occupies a narrow strip off the continental slope and seamounts east of Bass Strait. The Reserve encompasses a significant portion of the continental slope and deep submarine canyons and rocky outcrops which are likely to be critical habitat for the Harrisson's Dogfish. 39. Southern Bluefin Tuna are found in the Reserve. This highly migratory fish is a conservation dependent species. The main threat to Southern Bluefin Tuna is historic and ongoing fishing pressure. Since 2011, Australian Fisheries Management Authority has increased the Southern Bluefin Tuna fishing quota by 54 per cent. The market for Southern Bluefin Tuna is highly lucrative and the species is targeted by fishers. 40. The implementation of no-take marine protected areas has significant benefits for abundance and diversity of targeted organisms, especially in large, long established, well-managed and well enforced marine parks, such as the Reserve. These benefits extend to large pelagic species (such as sharks and other apex predators), even though such species can move great distances and spend time both inside and outside no-take marine protected areas.

PART IV RESPONDENTS' COMMERCIAL FISHING ACTIVITIES IN THE RESERVE

Fishing Trip from 26-30 June 2017 41. From 26 June to 30 June 2017 (the Fishing Trip), Mr Basile took the AFV Tunamoon out to sea to conduct commercial fishing in the ETBF off the coast of north-east Tasmania. 42. During the Fishing Trip, Mr Basile was the skipper of the AFV Tunamoon for Basile Pty Ltd and in charge of the AFV Tunamoon's crew.

Commercial longline fishing 43. During the Fishing Trip, the AFV Tunamoon was using a commercial fishing method known as pelagic longline fishing. 44. Pelagic longline fishing involves use of a longline, called the main line, with baited hooks attached at intervals along its length by means of branch lines called snoods. The main line is typically many tens of kilometres long and can have 1000 or more branch lines with baited hooks along its length. A basic illustration of the gear used in longline fishing is annexed as SAF7. 45. A single pelagic longline fishing 'shot' involves three main stages - a 'setting' stage, a 'soaking' stage and a 'hauling' stage as follows: 45.1. Setting: The vessel is moved along the proposed lie of the longline. As the vessel moves, baited snoods are attached to the main line and the line is run out from the moving vessel. 45.2. Soaking: The longline is completely detached from the fishing vessel and is left to drift with the prevailing currents. Floats and beacons attached to the line enable it to be located and picked up again at the end of the soak. 45.3. Hauling: The crew of the fishing vessel locates the end of the longline and retrieves it by navigating the vessel along the mainline and progressively removing snoods and caught fish. 46. Each stage takes many hours. A single pelagic longline fishing shot can take between 15 and 24 hours.

AFV Tunamoon's longline fishing shot 2 47. During the Fishing Trip, Mr Basile caused 2 longline fishing shots to be set, soaked and hauled by himself and the crew on the AFV Tunamoon. 48. The second shot was conducted from 28-29 June 2017 (Shot 2). 49. The AFV Tunamoon conducted Shot 2 by 'setting' its longline in the period from approximately 09:20 AEST (approximately Latitude 39°37 South and Longitude 151°18.5 East) to approximately 11:00 AEST (Latitude 39°52 South and Longitude 151°16.5 East) on 28 June 2017. 50. In deciding to set the longline in that location, Mr Basile had regard to sea surface temperature charts from the Commonwealth Scientific and Industrial Research Organisation (CSIRO) which show hot and cold 'pockets' of water. In Mr Basile's experience, the Southern Bluefin Tuna normally aggregate in the hotter pockets of water and therefore he thought that there would be fish in this location. 51. When the AFV Tunamoon started setting its longline at about 09:20 AEST, it was outside the Marine National Park Zone of the Reserve. However, from around 10:24 AEST, the AFV Tunamoon entered the Marine National Park Zone of the Reserve and continued to set its longline within the Marine National Park Zone until 11:00 AEST. About one third of the longline was set outside the Reserve, and about two thirds was set inside the Marine National Park Zone of the Reserve. 52. The longline was a length of approximately 13 nautical miles. There were approximately 800 hooks on the longline, with about 30 metres between each hook. The hooks on the longline were about 20-30 metres below the surface of the water. 53. The AFV Tunamoon then detached the longline from the vessel and allowed the longline to soak in the period from approximately 11:00 AEST to approximately 15:30 AEST on 28 June 2017. During this period, the AFV Tunamoon maintained a position at the end of the longline and travelled with the prevailing surface currents with the longline in a west-south-westerly direction further into the Marine National Park Zone of the Reserve. As a result of the currents, the start of the longline (which had been set outside the Reserve) also entered the Marine National Park Zone of the Reserve some hours (although it is not known how many) after it had been set. As an experienced longline fisherman, Mr Basile was aware that the longline would travel with the prevailing surface currents. 54. The AFV Tunamoon then began to haul its longline into the vessel for about 12 hours from approximately 15:30 AEST (approximately Latitude 39°55 South and Longitude 151°11.5 East) on 28 June 2017 to 03:40 AEST (approximately Latitude 40°01 South and Longitude 150°48 East) on 29 June 2017. 55. The process of hauling in the longline took place entirely within the Marine National Park Zone of the Reserve, as a result of currents having carried the remaining one third of the longline that was set outside the Reserve into the Marine National Park of the Reserve. 56. During Shot 2, the following fish were caught and kept: 56.1. 109 Southern Bluefin Tuna (5,000kg processed weight); and 56.2. 3 Albacore Tuna (35kg processed weight). 57. A further 78 fish were caught and released, including 50 Southern Bluefin Tuna, 5 Oilfish (1 dead) and 23 Blue Shark (3 dead). The Southern Bluefin Tuna were released because they were under the legal catch size. 58. In total, Shot 2 took approximately 18.5 hours from the start of the set to the end of the haul. It is likely that the majority of the fish identified in paragraphs 56 and 57 above were hooked within the Marine National Park Zone. 59. The AFV Tunamoon's position was automatically recorded by AFMA via a Vessel Monitoring System (VMS) located on the vessel which regularly relays information on vessel position, course and speed to AFMA. 60. The map included as SAF8 shows: 60.1. the boundaries of the Reserve and the Marine National Park Zone within the Reserve; 60.2. the AFV Tunamoon's incursion into the Marine National Park Zone during Shot 2 on 28-29 June 2017, based on: 60.2.1. the plot of the AFV Tunamoon's VMS data; and 60.2.2. the plot of the coordinates from the Daily Fishing Log entries relating to Shot 2 completed by Mr Basile on behalf of Basile Pty Ltd. 61. During Shot 2, the AFV Tunamoon was recorded up to 10.8 nautical miles into the Marine National Park Zone of the Reserve - approximately 230 kilometres off the east coast of Flinders Island.

Sale of the catch 62. After conducting Shot 2, the AFV Tunamoon returned to port on 30 June 2017. 63. On 30 June 2017, the fish caught and kept by the AFV Tunamoon during the Fishing Trip were unloaded to Ulladulla Fishermen's Co-Operative Society Ltd ABN 13 053 910 918 (the Fish Receiver) for sale. 64. In total, 112 fish (109 Southern Bluefin and 3 Albacore Tuna) or approximately 5 tonnes of fish were caught and unloaded from Shot 2. As stated in paragraph 58 above, it is likely that the majority of these fish were hooked within the Marine National Park Zone. 65. The Fish Receiver sold the fish unloaded on 30 June 2017 and forwarded the net proceeds to Basile Pty Ltd. 66. The total amount paid for the approximately 5 tonnes of fish unloaded from Shot 2 on 30 June 2017 was $77,831.41. 67. Basile Pty Ltd estimates it incurred the following costs to conduct Shot 2: 67.1. $23,320.88 on fees to lease the Southern Bluefin Tuna quotas; 67.2. $450 to purchase bait squid; 67.3. $4,205.65 for fuel; 67.4. $21,792.80 for the wages of the crew of the AFV Tunamoon; 67.5. $3,176 for the wages of Mr Basile and Mrs Basile; 67.6. $2,070.31 for superannuation contributions to Mr Basile and the crew of the AFV Tunamoon; and 67.7. $268 for other miscellaneous expenses. 68. Taking into account those expenses, Basile Pty Ltd received a net profit of $22,547.77 from Shot 2.

Logbooks and catch disposal records completed by Mr Basile 69. Mr Basile was authorised by Basile Pty Ltd to complete logbooks and catch disposal records on its behalf. 70. Mr Basile: 70.1. recorded the AFV Tunamoon's commercial pelagic longline fishing activities in Daily Fishing Log - AL06 (Log Number 275, Page Number 049); and 70.2. completed a Commonwealth Catch Disposal Record - PT02B (Book Number 232, Page Number 29) in respect of the fish that were unloaded to the Fish Receiver. 71. Copies of the Daily Fishing Log and Commonwealth Catch Disposal Record are included as SAF9 and SAF10 respectively. 72. Mr Basile completed these documents on behalf of Basile Pty Ltd.

PART V KNOWLEDGE OF MR BASILE 73. In 2017, Mr Basile had approximately 35 years' experience as a commercial fisherman. This included about 16 years' experience fishing in the ETBF. 74. By reason of his experience, Mr Basile was aware that: 74.1. there are Commonwealth Marine Reserves in the oceans surrounding Australia, including in the ETBF; 74.2. commercial fishing is prohibited in parts of these Commonwealth Marine Reserves. 75. Mr Basile was most familiar with the areas of the ETBF around Coffs Harbour. From 1981 to 1996, Mr Basile operated a trawling vessel from Ulladulla Harbour. During this period, Mr Basile trawled mostly inside the continental shelf and north of Ulladulla. In 1996, Mr Basile commenced long line fishing (yellow fin tuna) from Ulladulla Harbour. From 1996 to October 2018, Mr Basile mainly fished north of Ulladulla as yellow fin tuna prefer the warmer water and currents from northern Australia. 76. Mr Basile had never fished as far south as Tasmania, although Mr Basile had previously fished down to about the 38° Latitude during a trip earlier in the 2017 season. It was not normal for Mr Basile to fish to the south of Eden to catch Southern Bluefin Tuna. However, due to lower than expected catches of yellow fin tuna at the start of the season, Mr Basile decided to also target Southern Bluefin Tuna and invested thousands of dollars to lease the Southern Bluefin Tuna quota. As the Southern Bluefin Tuna did not move to more northern waters, as Mr Basile had expected, he decided to fish further down south where all the other boats were going. 77. At the time the AFV Tunamoon undertook Shot 2, Mr Basile was not aware of the existence, geographic location or boundaries of the Reserve. Mr Basile accepts it was his responsibility as skipper of the AFV Tunamoon and director of Basile Pty Ltd to make himself aware of the existence, location and boundaries of any Commonwealth Marine Reserves in the area he was fishing. However, he did not check for Commonwealth Marine Reserves before or during the Fishing Trip. 78. In June and July 2017, there were publicly available resources that identified the geographic location and boundaries of the Reserve and made clear that commercial fishing was prohibited in the Marine National Park Zone of the Reserve or other Commonwealth Marine Reserves. These included: 78.1. The website for Parks Australia, being the Division of the Department of Environment and Energy which supports the Director of National Parks to manage the existing 58 Commonwealth Marine Reserves, including the Reserve, and six terrestrial Commonwealth Reserves. This is and was in June and July 2017 the authoritative Commonwealth government website for information on Commonwealth Marine Reserves. It includes detailed information on all Commonwealth Marine Reserves, including maps of each of the Commonwealth Marine Reserves. These maps were available on the website in June and July 2017. It also includes a copy of the Management Plan (which contains a map of the Reserve). The Management Plan was available on the website in June and July 2017. 78.2. The Department of Environment website which had a copy of the class approval for commercial fishing. 78.3. Media releases from Parks Australia about previous civil penalty proceedings commenced against fishers for fishing within the boundaries of other Commonwealth Marine Reserves where commercial fishing was prohibited.

PART VI NO PRECAUTIONS TAKEN BY BASILE PTY LTD 79. Basile Pty Ltd, through the knowledge and experience of Mr Basile, was generally aware of the existence of Commonwealth Marine Reserves in the ETBF and the need to avoid conducting commercial fishing within them. 80. However, Basile Pty Ltd did not take any precautions to ensure that Mr Basile or the crew of the AFV Tunamoon: 80.1. were aware of the existence, location and boundaries of the Reserve; and 80.2. did not fish in the Marine National Park Zone of the Reserve. 81. There were no maps of Commonwealth Marine Reserves on the AFV Tunamoon. Neither Mr Basile nor the crew were advised by Basile Pty Ltd of the existence or location of the Reserve before the Fishing Trip.

PART VII HARMS TO THE MARINE NATIONAL PARK ZONE OF THE RESERVE CAUSED BY COMMERCIAL LONGLINE FISHING

Potential harms of commercial longline fishing 82. Longline fishing has the potential to result in adverse effects to the marine environment. 83. Potential direct harmful effects are the reduction in the abundance of large predator species, such as sharks, tuna, billfish and other pelagic species, and the halting of species population growth and recovery. 84. Potential indirect harmful effects from longline fishing include: 84.1. impacts on 'bycatch species', where non-target species, including seabirds and marine mammals are killed; and 84.2. impacts on habitat and ecological processes, through reducing the abundance of large predator species. This can have complex and unforeseen impacts on the rest of the ecosystem, such as trophic cascades (reciprocal impacts on the populations of organisms at various levels of the food chain) and ecosystem phase shifts (where the natural state of the ecosystem is perturbed). 85. Longline fishing can cause seabird mortality, even when seabird bycatch mitigation devices are employed. Seabirds are particularly vulnerable from longline fishing practices, as they are attracted to fishing vessels by discarded offal and the baited hooks during setting or hauling, resulting in mortality from ingestion or entanglement in fishing gear. The incidental catch (or bycatch) of seabirds during oceanic longline fishing operations was listed as a key threatening process under the EPBC Act on 24 July 1995. 86. Longlines, whether operational or lost/abandoned, are known to cause whale entanglement and injury, resulting in subsequent increased risk to predation, reduced reproductive output, starvation, drowning and death. 87. Other potential impacts of longline fishing include harms caused by fishing gear debris such as snoods, hooks, swivels, floats, and lightsticks which may become dislodged from the longline. Such debris can cause damage to seafloor communities, including sponge communities, in the Reserve. 88. Commonwealth Marine Reserves, including the Reserve, provide important 'no fishing' reference sites for long term monitoring and research programs which aim to improve our capacity to understand, manage and conserve Australia's unique marine biodiversity and ecosystems through the generation of world-class research data and its delivery to Australian environmental decision makers and other stakeholders (such as the National Environmental Science Program (NESP), the Australian Fisheries Management Authority (AFMA), the CSIRO, and the Institute of Marine and Antarctic Studies (IMAS)). The potential hams described above reduce the value of the Reserve as a reference site and affect the accuracy of conclusions that can be drawn from such programs and research.

Risk and harms from Shot 2 89. As Shot 2 was conducted mostly within the boundaries of the Marine National Park Zone of the Reserve, the shot put the Marine National Park Zone of the Reserve, and the organisms within the area where Shot 2 took place, at risk of the potential harms outlined above in paragraphs 82 to 88, although it is acknowledged that during Shot 2: 89.1. there was no bycatch of seabirds or marine mammals; 89.2. the longline did not break and no fishing gear was dislodged from the longline or lost; and 89.3. there is no indication that there was any interaction with any whales, marine mammals or any of the shark species identified in paragraph 38, above. 90. The AFV Tunamoon caught and kept approximately 5 tonnes of Southern Bluefin Tuna. All of these fish were hauled within the Reserve, and it is likely that the majority of them were hooked within the Reserve. 91. It is not possible for the parties to determine the extent of the impact of the contravening conduct on the Reserve because of the complexity of the environmental systems and processes at play.

Mr Basile has retired from commercial fishing 92. Mr Basile is now retired as a commercial fisherman. 93. Mr Basile, and Basile Pty Ltd, have not been involved in any commercial fishing activities since October 2018.

Cooperation by Basile Pty Ltd and Mr Basile 94. Basile Pty Ltd and Mr Basile cooperated with and assisted the Department's investigation of alleged breaches of the EPBC Act by: 94.1. Mr Basile participating in an interview with investigators from the Department on 1 November 2017, and making full and frank admissions as to a range of factual matters; and 94.2. providing information and disclosing documents concerning the Fishing Trip to the Department. 95. In addition, Basile Pty Ltd and Mr Basile have cooperated extensively in the present proceedings by: 95.1. agreeing a timetable for steps to be taken in the proceeding; 95.2. filing a defence admitting all of the allegations in the statement of claim; 95.3. agreeing to jointly present evidence by way of a statement of agreed facts. 96. If Basile Pty Ltd and/or Mr Basile had not cooperated in these ways and had instead contested the proceedings, the time and cost involved in these proceedings would have been significantly greater.

Environmental history of Basile Pty Ltd and Mr Basile 97. Neither Basile Pty Ltd nor Mr Basile have been previously found by a court to have contravened the EPBC Act. 98. In 36 years of commercial fishing, Mr Basile has never been warned, cautioned, charged or fined for any breach of State or Commonwealth Laws, Regulations or Rules.

Basile Pty Ltd and Mr Basile's acknowledgements and apology 99. Basile Pty Ltd and Mr Basile acknowledge that they were aware of the risk of the harms which could be caused by commercial longline fishing and failed to take sufficient and reasonable precautions to avoid fishing within the Marine National Park Zone of the Reserve. 100. Basile Pty Ltd and Mr Basile regret the damage caused to the Reserve and apologise for their contraventions.

No ACD 46 of 2019 MINISTER FOR THE ENVIRONMENT Applicant J.N AND K.C BASILE PTY LTD (ACN 615 283 728) and another named in the Schedule Respondents

For the purposes of s 191(3)(a) of the Evidence Act 1995 (Cth), this statement sets out the facts that the parties have agreed are not, for the purposes of this proceeding, to be disputed.

PART I INTRODUCTION

1. The parties agreed and filed with the Court a statement of agreed facts on 2 October 2019. This supplementary statement of agreed facts is intended to be read together with, and supplement, that statement of agreed facts.

PART II SUPPLEMENTARY FACTS 2. In June and July 2017, there were 18 Commonwealth Marine Reserves located, at least in part, 200 nautical miles or more from the coastline of the Australian mainland or Tasmania. Eight of those Commonwealth Marine Reserves were in the Eastern Tuna and Billfish Fishery, being the Coral Sea Commonwealth Marine Reserve, Norfolk Commonwealth Marine Reserve, Gifford Commonwealth Marine Reserve, Lord Howe Commonwealth Marine Reserve, Flinders Commonwealth Marine Reserve, Freycinet Commonwealth Marine Reserve, South Tasman Rise Commonwealth Marine Reserve and Tasman Fracture Commonwealth Marine Reserve. 3. A map of all of the Commonwealth Marine Reserves in existence in June and July 2017, which was publicly available on the Parks Australia website on 19 March 2017, is annexed as SAF11. The eight Commonwealth Marine Reserves listed in paragraph 2, above, have been marked in handwriting on SAF11.

1. The Reserve was renamed the Flinders Marine Park by proclamation under the EPBC Act on 10 October 2017.