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, having satisfied myself on the matters set out in section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), declare the operation that is specified in column 1 of Table 1, to be an approved wildlife trade operation under subsection 303FN (2) of the EPBC Act, but only to the extent the operation relates to the class of specimens specified in column 2 of Table 1.

Table 1

Unless amended or revoked, this declaration:

a)             is valid until 7 September 2017, and

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

Dated this 10^th day of            September 2014

 ………….…….……Paul 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   

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

SCHEDULE

Declaration of the Harvest Operations of the Queensland Gulf of Carpentaria Inshore Fin

                                      Fish Fishery as an approved wildlife trade operation

ADDITIONAL PROVISIONS (section 303FT)

Relating to the harvesting of fish specimens that are, or are derived from, fish or invertebrates, taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, other than:

specimens of species listed under Part 13 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), and

specimens that belong to taxa listed under section 303CA of the EPBC Act (Part 13A), except for scalloped hammerhead shark (Sphyrna lewini) and great hammerhead shark (S. mokarran).

1.      Operation of the fishery will be carried out in accordance with the management regime for the Gulf of Carpentaria Inshore Fin Fish Fishery in force under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008.

2.      The Queensland Department of Agriculture, Fisheries and Forestry to inform the Department of the Environment of any intended amendments to the 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 Queensland Department of Agriculture, Fisheries and Forestry 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 Queensland Department of Agriculture, Fisheries and Forestry to:

a.       taking into account the outcomes of recent research and in conjunction with the Department of the Environment, evaluate the effectiveness of the current management measures and operation of the Gulf of Carpentaria Inshore Fin Fish Fishery in minimising interactions with and mortality of speartooth sharks, to ensure the survival and recovery of important populations of the species. This may include consideration of, for example, habitats fished, specifications of the gear used, the timing of fishing operations (seasonal, monthly, daily, tidal), etc.
(Note: This evaluation may be undertaken as part of the ecological risk assessment update referred to in Recommendation 1.)

b.      encourage further relevant research, for example, as indicated by the Australian Government Multispecies Issues Paper for Sawfish and River Sharks and any recovery plan for the speartooth shark, to assist in determining if Gulf of Carpentaria Inshore Fin Fish Fishery operations are affecting the survival or recovery of the speartooth shark.