Federal Register of Legislation - Australian Government

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This instrument is a declaration that the Queensland Marine Aquarium Fish Fishery is an approved wildlife trade operation until 26 March 2021.
Administered by: Agriculture, Water and the Environment
Registered 28 Mar 2018
To be ceased 26 Mar 2021
Ceased by Self Ceasing

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – QUEENSLAND MARINE AQUARIUM FISH FISHERY, MARCH 2018

 

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 operation that is specified in column 1 of Table 1 to be an approved wildlife trade operation, in accordance with subsection 303FN(2) and paragraph 303FN(10)(d) 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

Queensland Marine Aquarium Fish Fishery, as defined in the management regime for the fishery made under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulations 2008

Specimens that are, or are derived from, fish or invertebrates, other than:

a)      specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, and

 

b)      specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), except for Sphyrna lewini (scalloped hammerhead shark), S. mokarran (great hammerhead shark) and S. zygaena (smooth hammerhead shark).

 

 

 

Unless amended or revoked, this declaration:

a)             is valid until 26 March 2021 and;

b)             is subject to the conditions applied under section 303FT specified in the Schedule.

 

 

Dated this       26th      day of              March              2018

 

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 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 Marine Aquarium Fish Fishery as an approved wildlife trade operation, March 2018

 

ADDITIONAL PROVISIONS (section 303FT)

 

1.      Operation of the Queensland Marine Aquarium Fish Fishery will be carried out in accordance with 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 Marine Aquarium Fish 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.