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Administered by: Environment
Published Date 20 Nov 2013

 

 

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 Australian Fisheries Management Authority 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 (other than species listed in the conservation dependent category), taken in the Coral Sea Fishery as defined in the Commonwealth Fisheries Management Regulations 1992 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 17 November 2016, and

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

 

 

   Dated this 19th day of November 2013

 

 

 

    ………….…………P Murphy…………………………

         Delegate of the Minister for the Environment

 

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 reason may be made in writing to the Department of the Environment 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.

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 http://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally-endangered-plants-and-animals-cites/how-export.


SCHEDULE

 

Declaration of the Harvest Operations of the Coral Sea Fishery as an approved wildlife trade operation, November 2013

 

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) (other than species listed in the conservation dependent species), taken in the Coral Sea Fishery:

 

1.      Operation of the Coral Sea Fishery will be carried out in accordance with the management regime in force under the Fisheries Management Act 1991 and the Fisheries Management Regulations 1992.

2.      The Australian Fisheries Management Authority to inform the Department of the Environment of any intended amendments to Coral Sea Fishery management arrangements that may affect the assessment of the fishery against the criteria on which Environment Protection and Biodiversity Conservation Act 1999 decisions are based.

3.      The Australian Fisheries Management Authority to produce and present reports to the Department of the Environment annually as per Appendix B to the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.

4.      The Australian Fisheries Management Authority to:

a.       evaluate and document the risks to humphead Maori wrasse in the Coral Sea Fishery at the reef and sub-reef level

b.      implement additional management measures, as appropriate, to mitigate the risks identified, as agreed with Australia’s CITES Scientific Authority, and

c.       report annually on the management and monitoring of humphead Maori wrasse in the fishery to Australia’s CITES Scientific Authority, as part of the annual reporting referred to in Condition 3.