
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 and Energy, 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
Operation | Class of Specimens |
Western Australian Marine Aquarium Fish Managed Fishery and take of marine aquarium species for aquaculture broodstock purposes, as defined in the Western Australian Fish Resources Management Act 1994 and the Western Australian Fish Resources Management Regulations 1995, or under the authority of an Exemption granted in accordance with Section 7 of the Western Australian Fish Resources Management Act 1994. | Specimens that are, or are derived from, fish or invertebrates, other than: a) specimens that belong to species listed under Part 13 of the EPBC Act, except for specimens collected in state waters, and b) specimens that belong to taxa listed under section 303CA of the EPBC Act (Part 13A), except for specimens that belong to taxa listed in Schedule 2. |
This declaration:
a) is valid until 18 October 2019; and
b) is subject to the conditions under section 303FT of the EPBC Act specified in the Schedule 1.
Dated this 20th day of October 2016
ā¦ā¦ā¦ā¦.ā¦ā¦.ā¦ā¦ā¦P. Murphyā¦ā¦ā¦ā¦ā¦ā¦ā¦ā¦ā¦
Delegate of the Minister for the Environment and Energy
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 Department of the Environment and Energy 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.
SCHEDULE 1
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), except for specimens collected in state waters, taken in the Western Australian Marine Aquarium Fish Managed Fishery subject to the following conditions:
- Operation of the fishery will be carried out in accordance with the management regime under the WA Fish Resources Management Act 1994 and the WA Fish Resources Management Regulations 1995.
- WA Department of Fisheries to inform the Department of any intended material changes to the fisheryās management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
3. The WA Department of Fisheries to produce and present reports to the Department annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.
4. The WA Department of Fisheries to:
a) limit harvest of CITES listed species according to current non-detriment findings for each species or species group, and
b) consult with the Department prior to a change to the management arrangements for a CITES or EPBC Act Ā listed species being implemented
5. In consultation with the Department, the WA Department of Fisheries to:
a) complete the ecological risk assessment (ERA) report
b) finalise and adopt the harvest strategy for the fishery, and
c) consider further research on CITES species to better define species' distribution and abundance in areas of high fishing effort.
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