COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION

 Sea Cucumber Fishery (East Coast), September 2020

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 Sea Cucumber Fishery (East Coast) as defined in the management regime in force under the Queensland Fisheries Act 1994, Fisheries (General) Regulation 2019, Fisheries (Commercial Fisheries) Regulation 2019 and Fisheries 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) except Black Teatfish (Holothuria whitmaei) and White Teatfish (Holothuria fuscogilva).

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 30 September 2021 and;

b)             is subject to the conditions applied under section 303FT specified in Schedule 1.

Dated this 25^th day of September 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: (02) 6274 1917 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

ADDITIONAL PROVISIONS (section 303FT)

Relating to the harvesting of 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, taken in the Queensland Sea Cucumber Fishery (East Coast):

Condition 1

The Queensland Department of Agriculture and Fisheries must ensure the operation of the Queensland Sea Cucumber Fishery (East Coast) 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 and the Fisheries Declaration 2019.

Condition 2

The Queensland Department of Agriculture and Fisheries must inform the Department of Agriculture, Water and the Environment of any intended material changes to the Queensland Sea Cucumber Fishery (East Coast) 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 Queensland Sea Cucumber Fishery (East Coast) 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 – 2^nd Edition.

Condition 4

The Queensland Department of Agriculture must design a survey to estimate population biomass and density of Black Teatfish (Holothuria whitmaei) in waters within the area of Queensland Sea Cucumber Fishery (East Coast) south of 19 degrees south. The proposed transect locations will be detailed in the survey design.

This fishery-independent design approach must be peer-reviewed by 31 January 2021. The Zone 2 survey must be completed and results published by 31 July 2021.

Condition 5

By 30 April 2021, the Queensland Department of Agriculture and Fisheries must conduct a feasibility study for divers and/or remotely operated vehicles to conduct a fishery-independent survey of the White Teatfish (Holothuria fuscogilva) population in the area of Queensland Sea Cucumber Fishery (East Coast) that will:

• be suitable to estimate population biomass and density for the species;
• be peer reviewed;
• provide information to evaluate the use of survey data in a stock assessment; and
• if feasible, include a proposed date for completion and publication of survey results.

The results of the White Teatfish survey feasibility study must be made publicly available by 31 July 2021.

Condition 6

By 30 September 2021, the Queensland Department of Agriculture and Fisheries must complete and publish stock assessment(s) for the Black Teatfish (Holothuria whitmaei) and White Teatfish (H. fuscogilva) in the Queensland Sea Cucumber Fishery (East Coast). The stock assessment for Black Teatfish must be based on the results of the survey undertaken as part of Condition 4.

Condition 7

By 30 September 2021, the Queensland Department of Agriculture and Fisheries are to:

1. maintain the Total Allowable Catch for White Teatfish (Holothuria fuscogilva) in the Queensland Sea Cucumber Fishery (East Coast) at no more than 53 tonnes;
2. maintain the Total Allowable Catch for Black Teatfish (Holothuria whitmaei) in the Queensland Sea Cucumber Fishery (East Coast) at no more than 30 tonnes; and,
3. provide a report to the CITES Scientific Authority of Australia, as part of the annual reporting referred to in Condition 3, on the amount of Black Teatfish and White Teatfish harvested in the Queensland Sea Cucumber Fishery (East Coast) by weight, the number of individuals and locations of harvest.