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This instrument declares the operations for the harvesting of specimens that are or are derived from invertebrates taken in the Torres Strait Bêche-de-mer Fishery to be an approved wildlife trade operation.
Administered by: Agriculture, Water and the Environment
Registered 23 Dec 2020
To be ceased 30 Nov 2023
Ceased by Self Ceasing
Date of repeal 30 Jul 2021
Repealed by Approved Wildlife Trade Operation Declaration (Torres Strait Bêche-De-Mer Fishery)Revocation Instrument July 2021

COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – TORRES STRAIT BÊCHE-DE-MER FISHERY, DECEMBER 2020

 

I, LAURA TIMMINS, Senior Director, Wildlife Trade Office, 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 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 invertebrates taken in the Torres Strait Bêche-de-mer 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 Fisheries Management Instrument No.15 (Torres Strait Sea Cucumber Fishery), Torres Strait Bêche-de-mer Fishery Harvest Strategy, 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 30 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..

 

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.

 


Declaration of the harvest operations of the Torres Strait Bêche-de-mer Fishery as an approved wildlife trade operation, December 2020

 

ADDITIONAL PROVISIONS (section 303FT)

 

Relating to the harvesting of specimens that are, or are derived from, 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 Bêche-de-mer Fishery:

 

Condition 1:

The Protected Zone Joint Authority must ensure that operation of the Torres Strait Bêche-de-mer Fishery is carried out in accordance with management arrangements defined in the Torres Strait Fisheries Act 1984, Torres Strait Fisheries Regulations 1985, Torres Strait Fisheries Management Instrument No.15 (Torres Strait Sea Cucumber Fishery), licence conditions and the Torres Strait Bêche-de-mer Fishery Harvest Strategy.

 

Condition 2:

The Protected Zone Joint Authority must inform the Department of Agriculture, Water and the Environment of any intended material changes to the Torres Strait Bêche-de-mer Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made. This includes changes in fishing methods and the reopening of fishing for species currently closed to fishing.  

 

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 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 5: The Protected Zone Joint Authority must complete an ecological risk assessment of the Torres Strait Bêche-de-mer Fishery by 1 January 2022 and develop an associated risk management strategy to address any risks identified in this assessment.

 

Condition 6: 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 Bêche-de-mer Fishery, in accordance with the management arrangements in place for the fishery.

 

Condition 7: By 1 November 2023 the Protected Zone Joint Authority must provide the department with a revised population estimate for Black Teatfish (Holothuria whitmaei) and White Teatfish (Holothuria fuscogilva) in the Torres Strait that is based on new information for the fishery, including catch data and fishery-independent data or scientific expert advice and an assessment of the impact of harvest on the stocks.

 

Condition 8:  The Torres Strait Protected Zone Joint Authority must limit the seasonal take of the following species listed under the Convention on the International Trade of Endangered Species (CITES), from the Torres Strait Bêche-de-mer Fishery to no more than:

1)      15 tonnes of White Teatfish (Holothuria fuscogilva); and

2)      20 tonnes of Black Teatfish (Holothuria whitmaei).

The Torres Strait Protected Zone Joint Authority must report the amount of White Teatfish and Black Teatfish harvested by weight and where available, include the number of individuals, their lengths and locations of harvest, as part of the annual reporting referred to in Condition 4.

 

Condition 9: The Protected Zone Joint Authority must address any overcatch of the Total Allowable Catch for either Black Teatfish (Holothuria whitmaei) or White Teatfish (Holothuria fuscogilva) in one season and ensure that the amount ovecaught is properly accounted for in subsequent fishing seasons in line with the provisions in the Torres Strait Bêche-de-mer Fishery Harvest Strategy.