COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – TORRES STRAIT FINFISH FISHERY, DECEMBER 2020

I, LAURA TIMMINS, Senior Director, Office of Wildlife Trade, 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 Fisherises Management Authority 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 taken in the Torres Strait Finfish Fishery as defined in the management regime in force under the Torres Strait Fisheries Act 1984 (Cth), Torres Strait Fisheries Regulations 1985 (Cth), Torres Strait Finfish Fishery Management Plan 2013, Torres Strait Fisheries Management Instrument No. 14 (Cth), Torres Strait Fisheries (Finfish) Management Instrument 2020 (Cth) and Torres Strait Fisheries (Furnishing of Logbooks) Instrument 2020 (Cth), 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 from the day after the date of registration on the Federal Register of Legislation until 1 November 2023 and;

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

Dated this 23 day of December 2020

Laura Timmins

………….…….…………………………………

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@environment.gov.au..

Declaration of the harvest operations of the Torres Strait Finfish Fishery as an approved wildlife trade operation, December 2020

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 Torres Strait Finfish Fishery:

Condition 1:

The Torres Strait Protected Zone Joint Authority must ensure that operation of the Torres Strait Finfish Fishery is carried out in accordance with management arrangements defined in the Torres Strait Fisheries Act 1984, Torres Strait Fisheries Regulations 1985, Torres Strait Finfish Fishery Management Plan 2013, Torres Strait Fisheries Management Instrument No. 14, Torres Strait Fisheries (Finfish) Management Instrument 2020, Torres Strait Fisheries (Furnishing of Logbooks) Instrument 2020 and in fishery permit conditions.

Condition 2:

The Torres Strait Protected Zone Joint Authority must inform the Department of Agriculture, Water and the Environment of any intended material changes to the Torres Strait Finfish Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

Condition 3:

The Torres Strait Protected Zone Joint Authority must inform the Department of Agriculture, Water and the Environment of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.

Condition 4:

The Torres Strait Protected Zone Joint Authority must provide reports to the Department of Agriculture, Water and the Environment annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.

Condition 6:

The Torres Strait Protected Zone Joint Authority must review the current measures applied to the management of the take of sharks in the Torres Strait Finfish Fishery to ensure that they are in line with Commonwealth best practice.

Condition 7:

The Torres Strait Protected Zone Joint Authority must review the appropriateness of the current minimum size limits for Spanish Mackerel in the Torres Strait Finfish Fishery.

Condition 8:

By 30 June 2023 the Torres Strait Protected Zone Joint Authority must develop a harvest strategy for the Torres Strait Finfish Fishery.

Condition 9:

The Torres Strait Protected Zone Joint Authority must ensure that there is a sufficient level of compliance measures in place to ensure the sustainable management of the Torres Strait Finfish Fishery, in accordance with the management arrangements in place for the fishery, including the reporting of interaction with protected species.

Recommendation 1:

The Australian Fisheries Management Authority to continue to work with the Department of Agriculture, Water and the Environment and the Protected Zone Joint Authority to implement changes to the Torres Strait Fisheries Act 1984 to allow data reporting requirements to apply to all fishing sectors in the fishery.

Data collection requirements are to include:

·         The total quantity of each target and non-target species removed from the fishery, including any catch discarded prior to landing to an authorised fish receiver;

·         Catch and effort data, including location of all commercial fishing activity; and

·         Interactions with protected species.

Progress and outcome of this recommendation to be included in annual reports required under condition 4.