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 |
| Northern Territory Aquarium Fishery (being the Aquarium Fishing/Display Fishery as defined in the Northern Territory Fisheries Regulations in force under the Northern Territory Fisheries Act 1988). | 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 Northern Territory 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 6 December 2019; and
b) is subject to the conditions under section 303FT of the EPBC Act specified in the Schedule 1.
Dated this 8th day of December 2016
……………….……Paul Murphy……………………
Delegate of the Minister for the Environment and Energy
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment and Energy 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 $884 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 and Energy, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au.
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 Northern Territory waters, taken in the Northern Territory Aquarium Fishery subject to the following conditions:
1. Operation of the fishery will be carried out in accordance with the management regime under the NT Fisheries Act 1988 and the NT Fisheries Regulations.
2. The NT Department of Primary Industry and Resources (DPIR) to inform the Department of any intended material changes to the fishery’s management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
3. The NT DPIR 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 NT DPIR to:
a. limit harvest of CITES listed species according to current non-detriment findings for each species or species group
b. consult with the Department prior to a change to the management arrangements for a CITES listed species being implemented.
5. In consultation with the Department, the NT DPIR to:
a. complete the ecological risk assessment (ERA) report
b. commence development of a 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.
6. The NT DPIR to:
a. implement appropriate measures to ensure accurate recording of catch data, which may include electronic logbooks and vessel monitoring systems, and
b. investigate and implement measures to improve species level identification for harvested species.