Federal Register of Legislation - Australian Government

Primary content

This instrument declares the Queensland Coral Fishery to be an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999.
Administered by: Agriculture, Water and the Environment
Registered 18 Jun 2021
To be ceased 31 Oct 2021
Ceased by Self Ceasing

COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – QUEENSLAND CORAL FISHERY, JUNE 2021

 

I, Simon Banks, Acting 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 Coral Fishery as defined in the management regime in force under the  Fisheries Act 1994 (Queensland) and  Fisheries Regulations 2019 (Queensland), 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 October 2021 and;

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

 

 

Dated this 18  day of  June  2021

 

 

 

 

………….…….……Simon Banks………………………

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 Queensland Coral Fishery as an approved wildlife trade operation, June 2021

 

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 Queensland Coral Fishery:

 

Condition 1:

The Queensland Department of Agriculture and Fisheries must ensure that operation of the Coral Sea Fishery is carried out in accordance with management regime specified in Queensland Department of Agriculture and Fisheries, and Great Barrier Reef Marine Park Authority issued permits, as well as in the following:

·         Fisheries Act 1994 (Qld)

·         Fisheries (General) Regulation 2019 (Qld)

·         Fisheries (Commercial Fisheries) Regulation 2019 (Qld)

·         Fisheries Declaration 2019 (Qld)

·         Fisheries Quota Declaration 2019 (Qld)

·         Marine Parks Act 2004 (Qld)

·         Marine Parks Regulations 2019 (Qld)

·         Great Barrier Reef Marine Park Act 1975 (Cth)

·         Great Barrier Reef Marine Park Regulations 2019 (Cth).

 

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 Coral Fishery’s management arrangements that may 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 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 Queensland Department of Agriculture and Fisheries must provide a new application for accreditation of the fishery, 90 days prior to the expiry of this Wildlife Trade Operation approval as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.


 

Condition 5:

By 30 September 2021, Queensland Department of Agriculture and Fisheries to implement ongoing species-specific reporting requirements for all species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) that are harvested in the fishery. Reporting must mandate recording of species-specific harvest (or genus-specific for those species listed in schedule A) providing for:

a)      location of harvest by longitude and latitude; and

b)      number of pieces per species (or genus for those species listed in schedule A) and their combined weight

The raw data are to be provided to the CITES Scientific Authority by 30 October 2021, providing a data agreement sufficient to protect commercial confidentiality is in place with the Queensland Department of Agriculture and Fisheries.

 

Condition 6:

By 30 September 2021, Queensland Department of Agriculture and Fisheries to provide to the Department of Agriculture, Water and the Environment comprehensive raw catch data for the fishery for the calendar year 2021. This will allow analysis of trends in harvest since the last review was undertaken by Australia’s Scientific Authority for CITES. The provision of this data is contingent on a data agreement sufficient to protect commercial confidentiality is in place with the Queensland Department of Agriculture and Fisheries.

 

Any substantive change in harvest trends must be documented as this may be influential in informing future harvest restrictions considered necessary by Australia’s Scientific Authority for CITES for ongoing non-detriment findings to be made.

 

Condition 7:

By 30 September 2021, Queensland Department of Agriculture and Fisheries must provide the Department of Agriculture, Water and the Environment with an implementation plan for improved management arrangements for the Queensland Coral Fishery. The plan must include details on the planned rollout of:

a)      species-specific quotas for all species listed under CITES that are harvested in the fishery, (or genus specific quotas for those species listed in Schedule A);

b)      identify mechanisms to enforce the harvest limits to be applied to species and/or genera and a timeframe for implementation;

c)      a program to independently characterise the species composition of catch reported at the genus level (those species listed in Schedule A);

d)      a schedule for revision of the Ecological Risk Assessment and Ecological Risk Management for this fishery, that is transparent, repeatable and incorporates management, scientific and industry advice and considers comprehensive harvest data;

e)      a plan for promptly considering and responding to the impacts of acute environmental disturbances, such as coral bleaching events and cyclones, on the area of the fishery; and

f)       development, in collaboration with industry, of a traceability framework for the fishery that supports distinguishing wild harvested corals from captive bred corals.