Federal Register of Legislation - Australian Government

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This instrument varies the conditions outlined in the Schedule of the Declaration of an Approved Wildlife Trade Operation – Commonwealth Coral Sea Fishery, July 2021.
Administered by: Climate Change, Energy, the Environment and Water
Registered 30 Nov 2021

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION COMMONWEALTH CORAL SEA FISHERY, NOVEMBER 2021

 

I, ADAM SINCOCK, Principal Director, Wildlife Trade Office, as Delegate of the Minister for the Environment, hereby vary under paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the declaration of an approved wildlife trade operation dated 27 July 2024 for the Commonwealth Coral Sea Fishery as defined in the management regime in force under the Fisheries Management Act 1991 (Cth) and Fisheries Management Regulations 2019 (Cth) and, such that the conditions specified in the Schedule to that declaration are varied as follows:

 

In Condition 6, delete the words

“By 1 December 2021, the Australian Fisheries Management Authority must review the science underpinning the catch limit for Humphead Maori Wrasse (Cheilinus undulatus). This review must include independent, expert scientific advice”

 

and replace with the words

“By 30 December 2021, the Australian Fisheries Management Authority must review the science underpinning the catch limit for Humphead Maori Wrasse (Cheilinus undulatus). This review must include independent, expert scientific advice”

 

In Condition 8, delete the words

“The Australian Fisheries Management Authority must update the science underpinning the Coral Sea Fishery – Sea Cucumber Sector Harvest Strategy by December 2021, including undertaking a fishery independent survey in the area of the fishery, to ensure that the harvest strategy is supported by up to date scientific information and supports a longer-term export approval for the fishery”

 

and replace with the words

“The Australian Fisheries Management Authority must update the science underpinning the Coral Sea Fishery – Sea Cucumber Sector Harvest Strategy by December 2022, including undertaking a fishery independent survey in the area of the fishery, to ensure that the harvest strategy is supported by up to date scientific information and supports a longer-term export approval for the fishery”

 

In Condition 9, delete the words

“By 1 December 2022, the Australian Fisheries Management Authority must complete a review of the Coral Sea Fishery Harvest Strategy – Sea Cucumber Sector and develop, at a minimum:

a)      species-specific trigger limits and reference points (or proxies) for species listed under CITES; and

b)      ongoing data collection and monitoring plans required to support ongoing fishing of these species.”

 

and replace with the words

“By 1 December 2023, the Australian Fisheries Management Authority must complete a review of the Coral Sea Fishery Harvest Strategy – Sea Cucumber Sector and develop, at a minimum:

a)      species-specific trigger limits and reference points (or proxies) for species listed under CITES; and

b)      ongoing data collection and monitoring plans required to support ongoing fishing of these species.”

 

 

 

 

Dated this          30th            day of         November                2021

 

 

 

 

 ………….…….Adam Sincock………….........

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 http://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally-endangered-plants-and-animals-cites/how-export.