Federal Register of Legislation - Australian Government

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This instrument declares the harvest operations of the Northern Territory Coastal Line Fishery to be an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999.
Administered by: Agriculture, Water and the Environment
Registered 04 Feb 2019
To be ceased 23 Jan 2022
Ceased by Self Ceasing

COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – NORTHERN TERRITORY COASTAL LINE FISHERY, JANUARY 2019

 

I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from Mr Campbell G. Druitt (Licence holder), and advice from the Northern Territory Department of Industry and Primary Resources, 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, taken in the Northern Territory Coastal Line Fishery as defined in the management regime in force under the Fisheries Act 1988 (Northern Territory) and Fisheries Regulations 1993 (Northern Territory), but not including

§  specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or

§  specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list)

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 23 January 2022 and;

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

 

 

Dated this 31st day of January 2019

 

 

 

Paul Murphy

………….…….…………………………………

Delegate of the Minister for the Environment

 

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, Wildlife Trade Assessments Section, Department of the Environment and Energy, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au.


SCHEDULE

 

Declaration of the Harvest Operations of the Northern Territory Coastal Line Fishery as an approved wildlife trade operation, January 2019

 

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 and Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), taken in the Northern Territory Coastal Line Fishery:

 

1.      Operation of the Northern Territory Coastal Line Fishery will be carried out in accordance with the Northern Territory Department of Primary Industry and Resources fisheries management regimein force under the Northern Territory of Australia Fisheries Act 1988 and Northern Territory of Australia Fisheries Regulations 1993.

 

2.      The Northern Territory Department of Primary Industry and Resources to inform the Department of any intended material changes to the Northern Territory Coastal Line Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) decisions are made.

 

3.      The Northern Territory Department of Primary Industry and Resources 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 Northern Territory Department of Primary Industry and Resources to:

a)      continue data collection, stock assessments, management, and monitoring of target species in the fishery.

b)      ensure there are effective controls in all zones of the fishery which should include decision rules and reference points that trigger management actions that seek to avoid overfishing and support the recovery of overfished stocks.

c)      ensure catch composition is sufficiently monitored and understood to inform whether stocks impacted by the fishery are being sustainably managed and not overfished or subject to overfishing. Performance against this condition must be included in annual reports specified at Condition 3.