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 New South Wales Department of Primary Industries, 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 New South Wales Sea Urchin and Turban Shell Restricted Fishery, as defined in the management regime for the fishery made under the New South Wales Fisheries Management Act 1994 and the New South Wales Fisheries Management (General) Regulations 2010, 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 25 October 2018 and;
b) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 30th 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 New South Wales Sea Urchin and Turban Shell Restricted 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 New South Wales Sea Urchin and Turban Shell Restricted Fishery:
1. Operation of the fishery will be carried out in accordance with the management regime under the NSW Fisheries Management Act 1994 and the NSW Fisheries Management (General) Regulation 2010.
2. The NSW Department of Primary Industries to inform the Department of the Environment of any intended material changes to the NSW Sea Urchin and Turban Shell Restricted Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
3. The NSW Department of Primary Industries to produce and present reports to the Department of the Environment annually as per Appendix B of the Guidelines for the Ecological Sustainable Management of Fisheries - 2nd Edition.
4. NSW Department of Primary Industries to develop precautionary fishery specific objectives linked to performance indicators and performance measures for the target species, including triggers to detect any expansion of the fishery.
5. NSW Department of Primary Industries to:
- continue to improve understanding of the stock status of red sea urchin
- develop measures to better monitor and assess potential for overfishing of red sea urchin
- develop appropriate management measures to mitigate the risk of overfishing or localised depletion of red sea urchin.