Federal Register of Legislation - Australian Government

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This instrument declares an approved wildlife trade operation for the Commonwealth Eastern Tuna and Billfish Fishery that is valid until 19 August 2022.
Administered by: Agriculture, Water and the Environment
Registered 20 Aug 2019
To be ceased 19 Aug 2022
Ceased by Self Ceasing

COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999

 

Declaration of an Approved Wildlife Trade Operation – Commonwealth Eastern Tuna and Billfish Fishery, August 2019

 

I, NATHAN SIBLEY, Acting 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 the Australian Fisheries Management Authority, public comments on the proposal as required under section 303FR 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, taken in the Commonwealth Eastern Tuna and Billfish Fishery as defined in the Eastern Tuna and Billfish Fishery Management Plan 2010 made under the Fisheries Management Act 1991 (Cth), 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), except for Scalloped Hammerhead (Sphyrna lewini), Smooth Hammerhead (S. zygaena) and Great Hammerhead (S. mokarran) sharks,

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 19 August 2022 and;

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

 

 

Dated this 19th day of August 2019

 

 

[SIGNED]

 

….…………………Nathan Sibley…………………….

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 Commonwealth Eastern Tuna and Billfish Fishery as an approved wildlife trade operation, August 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 Commonwealth Eastern Tuna and Billfish Fishery:

 

1.      Operation of the Eastern Tuna and Billfish Fishery will be carried out in accordance with the Eastern Tuna and Billfish Fishery Management Plan 2010 (as amended) in force under the Fisheries Management Act 1991 (Cth).

 

2.      The Australian Fisheries Management Authority to inform the Department of the Environment and Energy of any intended material changes to the Eastern Tuna and Billfish Fishery’s management arrangements that may affect the assessment against which EPBC Act decisions are made.

 

3.      The Australian Fisheries Management Authority 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 Australian Fisheries Management Authority to consult with the Department of the Environment and Energy prior to any changes to the management arrangements being implemented for a CITES listed species.

 

5.      The Australian Fisheries Management Authority to continue efforts to determine the extent of the effects of fishing in the Eastern Tuna and Billfish Fishery on shark species.

 

6.      The Australian Fisheries Management Authority to:

a) ensure that the overall monitoring program for the Eastern Tuna and Billfish Fishery continues to provide sufficient data collection and analysis to meet the requirements of relevant recovery and threat abatement plans under the EPBC Act, and monitoring requirements of the Western and Central Pacific Fisheries Commission, and to implement any appropriate management measures as required, and

b) provide a summary of the monitoring program to the Department of the Environment and Energy as part of annual reporting as required by Condition 3 above.

 

7.      The Australian Fisheries Management Authority to continue efforts to determine the extent of the impact of fishing in the Eastern Tuna and Billfish Fishery on marine turtle species.