COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION

 

I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the 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 Queensland Department of Agriculture and 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 Queensland Mud Crab Fishery, as defined in the regime, made under the Queensland Fisheries Regulations 2008, in force under the Fisheries 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 12 October 2018 and;

b)             is subject to the conditions applied under section 303FT specified in the Schedule.

 

 

Dated this 12th day of  October 2015

 

 

………….…….…………Paul Murphy………………………

Delegate of the Minister for the Environment

 

 

A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment for the reasons for the decision.

 

An application for independent review of the decision (under section 303GJ(1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Appeals Tribunal (AAT), on payment of the relevant fee (currently $861 or reduced fee where applicable due to financial hardship) by the applicant, either within 28 days of receipt of the reasons for the decision, or within 28 days of this declaration if reasons for the decision are not sought. Applications should be made to the Deputy Registrar, AAT in your Capital City. Please visit the AAT’s website at http://www.aat.gov.au/ for further information.

 

You may make an application under the Freedom of Information Act 1982 (Cth) to access documents relevant to this decision. For further information, please visit http://www.environment.gov.au/foi/index.html.

 

Further enquiries should be directed to the Director, Sustainable Fisheries Section, Department of the Environment, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au.


SCHEDULE

 

Declaration of the Harvest Operations of the Queensland Mud Crab Fishery as an approved wildlife trade operation, October 2015

 

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), taken in the Queensland Mud Crab Fishery:

 

  1. Operation of the Queensland Mud Crab Fishery (MCF) will be carried out in accordance with management regime in force under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008.
  2. The Queensland Department of Agriculture and Fisheries (QDAF) to inform the Department of the Environment of any intended material changes to the MCF management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
  3. The QDAF 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.
  4. QDAF, in collaboration with crab fishery stakeholders, to investigate and implement management measures to monitor and manage the distribution of C1 symbols between the respective crab fisheries (Gulf of Carpentaria and Queensland East Coast Mud Crab Fisheries, and the Blue Swimmer Crab Fishery) to ensure there is minimal risk to the target stock, bycatch, EPBC Act listed threatened, endangered and protected species or the broader ecosystem from unsustainable fishing pressure.