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) the application from the Queensland Department of Agriculture and Fisheries, 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 and other than specimens that belong to taxa listed under section 303CA of the EPBC Act (Part 13A), taken in the Queensland Finfish (Stout Whiting) Trawl Fishery, as defined in the management regime in force under the Queensland Fisheries Act 1994 and the Fisheries Regulation 2008, 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 14 February 2020 and;
b) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 15th day of February 2017
………….……………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
Declaration of the Harvest Operations of the Queensland Finfish (Stout Whiting) Trawl Fishery as an approved wildlife trade operation, February 2017
ADDITIONAL PROVISIONS (section 303FT)
1. Operation of the fishery will be carried out in accordance with the management regime under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008.
2. The Queensland Department of Agriculture and Fisheries to inform the Department of the Environment and Energy of any intended material changes to the Queensland Finfish (Stout Whiting) Trawl Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
3. The Queensland Department of Agriculture and Fisheries to produce and present reports to the Department of the Environment and Energy annually as per Appendix B of the ‘Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition’.
4. The Queensland Department of Agriculture and Fisheries to develop, finalise and release publicly, an ecological risk assessment that examines the fishery’s risk to target, byproduct and bycatch species and the ecosystem.
5. The Queensland Department of Agriculture and Fisheries to ensure that by mid 2019, any unacceptable risks to byproduct and bycatch species (including protected species) that are identified through the ecological risk assessment have been mitigated.
6. The Queensland Department of Agriculture and Fisheries to work with industry to develop and implement a statistically robust validation program that will collect information on target, byproduct and bycatch species, including EPBC Act protected species.