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, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), 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 harvest of specimens that are, or are derived from:

·         Cheilinus undulatus (humphead Maori wrasse)

·         Sphyrna lewini (scalloped hammerhead shark)

·         S. mokarran (great hammerhead shark)

·         S. zygaena (smooth hammerhead shark),

taken in the Coral Sea Fishery, as defined in the management regime in force under the Commonwealth Fisheries Management Act 1991 and the 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 is subject to the conditions applied under section 303FT specified in the Schedule.

Dated this       16^th                              day of              November       2016

………….…….………Paul Murphy………………………

Delegate of the Minister for the Environment and Energy

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 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.

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 Coral Sea Fishery as an approved wildlife trade operation, November 2016

ADDITIONAL PROVISIONS (section 303FT)

1.      The Australian Fisheries Management Authority to limit harvest of humphead Maori wrasse (Cheilinus undulatus) from the fishery to no more than 50 individuals per year.

2.      Unless amended or revoked, this declaration is valid until 30 June 2017.