COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – QUEENSLAND COMMERCIAL TRAWL (FIN FISH) FISHERY
I, Stephen oxley, First Assistant Secretary, Heritage, Reef and Wildlife Trade Division, 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 Queensland Department of Agriculture and Fisheries, 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 Queensland Commercial Trawl (Fin Fish) Fishery as defined in the management regime in force under the Queensland Fisheries Act 1994, Fisheries (General) Regulation 2019, Fisheries (Commercial Fisheries) Regulation 2019, Fisheries Declaration 2019, and the Fisheries Quota Declaration 2019, but not including:
(a) specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or
(b) specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or
(c) specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
(d) 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 31 August 2023 and;
b) is subject to the conditions applied under section 303FT specified in Schedule 1.
Dated this 19th day of August 2020
Stephen Oxley
Delegate of the Minister for the Environment
Notes:
1. Under the Administrative Appeals Tribunal Act 1975, a person whose interests are affected by this decision may apply for a statement of reasons and for independent review of the decision. An application for a statement of reasons may be made in writing to the Department of Agriculture, Water and the Environment within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Appeals Tribunal on payment of the relevant fee within 28 days of the date of the declaration, or if reasons are sought, within 28 days of receipt of reasons. Further information may be obtained from the Director, Wildlife Trade Assessments Section, Department of Agriculture, Water and the Environment, Telephone: 0449 947 394 Email: sustainablefisheries@awe.gov.au.
2. Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Australia’s CITES list under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia’s CITES Scientific Authority has issued a non-detriment finding for that species. Further information, including a list of species for which non detriment findings have been issued and the fisheries from which they may be sourced, is available from htttp://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally-endangered-plants-and-animals-cites/how-export.
Schedule 1
Part 13A conditions to the Queensland Department of Agriculture and Fisheries on the approved wildlife trade operation declaration for the Queensland Commercial Trawl (Fin Fish) Fishery - August 2020
Condition 1
The Queensland Department of Agriculture and Fisheries must ensure the operation of the Queensland Commercial Trawl (Fin Fish) Fishery is carried out in accordance with the management arrangements specified in the Queensland Fisheries Act 1994, Fisheries (General) Regulation 2019, Fisheries (Commercial Fisheries) Regulation 2019, Fisheries Declaration 2019, and the Fisheries Quota Declaration 2019.
Condition 2
Queensland Department of Agriculture and Fisheries must inform the Department of Agriculture, Water and the Environment of any intended material changes to the Queensland Commercial Trawl (Fin Fish) Fishery management arrangements, so the Department of Agriculture, Water and the Environment can determine if these changes affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
Condition 3
The Queensland Department of Agriculture and Fisheries must provide annual reports on the Commercial Trawl (Fin Fish) Fishery to the Department of Agriculture, Water and the Environment every 12 months, from the date of the approval of the wildlife trade operation. These reports must be consistent with Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition (2007).
Condition 4
By 30 March 2021 the Queensland Department of Agriculture and Fisheries must provide the Department of Agriculture, Water and the Environment with a Data Collection and Validation plan. The Plan must include milestones with clear deadlines for implementing an ongoing independent data collection and validation program in the Commercial Trawl (Fin Fish) Fishery as required in Condition 5.
Condition 5
By 31 December 2021 the Queensland Department of Agriculture and Fisheries must commence ongoing independent data collection and validation in the Commercial Trawl (Fin Fish) Fishery. The program must:
a) validate, with a high degree of confidence, target and non-target catch, effort and protected species interaction data collected by fishers.
b) ensure there is enough fishery dependent and fishery-independent data sources to ensure all stocks impacted by the fishery remain sustainable.
Performance of the program, including comparative analysis of fishery dependent and independent data sources must be included in annual reports provided to the Department of Agriculture, Water and the Environment (refer Condition 3).
Condition 6
The Queensland Department of Agriculture and Fisheries must complete and publish stock assessment(s) for the Commercial Trawl (Fin Fish) Fishery according to the Queensland Department of Agriculture and Fisheries published schedule of stock assessments.
The Queensland Department of Agriculture and Fisheries must publish the schedule of stock assessments by 1 December 2020.
If this schedule changes the Queensland Department of Agriculture and Fisheries must notify the Department of Agriculture, Water and the Environment of the changes and the justification for those changes.
Stock assessments must consider all sources of mortality on the stocks and uncertainty must be managed in a precautionary way.