Declaration of an Approved Wildlife Trade Operation – North West Slope Trawl Fishery and Western Deepwater Trawl Fishery, December 2020

made under section 303FN of the

Environment Protection and Biodiversity Conservation Act 1999

Compilation No. 1

Compilation date:                              30 June 2022

Includes amendments up to:            F2022N00149

Registered:                                         11 October 2022

About this compilation

This compilation

This is a compilation of the Declaration of an Approved Wildlife Trade Operation – North West Slope Trawl Fishery and Western Deepwater Trawl Fishery, December 2020 that shows the text of the law as amended and in force on 30 June 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – North West Slope Trawl Fishery and Western Deepwater Trawl 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 Commonwealth North West Slope Trawl Fishery and Western Deepwater Trawl Fishery 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 Commonwealth North West Slope Trawl Fishery and Western Deepwater Trawl Fishery as defined in the as defined in the Western Trawl Fisheries Statement of Management Arrangements 2012 in force under the Fisheries Management Act 1991 (CTH) and the Fisheries Management Regulations 2019 (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 until 30 November 2023 and;

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

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 Commonwealth North West Slope Trawl Fishery and Western Deepwater Trawl 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 Commonwealth North West Slope Trawl and Western Deepwater Trawl Fisheries:

1.   The Australian Fisheries Management Authority must ensure that operation of the North West Slope and Western Deepwater Trawl fisheries is carried out in accordance with the Western Trawl Fisheries Statement of Management Arrangements 2012 defined in the Fisheries Management Act 1991, the Fisheries Management Regulations 2019.

2.   The Australian Fisheries Management Authority must inform the Department of Agriculture, Water and the Environment of any intended material changes to the North West Slope and Western Deepwater Trawl Fisheries management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

3.   The Australian Fisheries Management 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.

4.   The Australian Fisheries Management 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.

5.   The Australian Fisheries Management Authority must:

a)    provide the Department of Agriculture Water and the Environment with revised harvest strategies for the North West Slope and Western Deepwater Trawl fisheries by 1 December 2022. The harvest strategy must include measurable and timebound management actions; and

b)   ensure that the fisheries’ triggers and management actions identified in the harvest strategy are implemented by 30 June 2023.

In the case of increased fishing effort (twice the historic high), the harvest strategy must be reviewed immediately.

Harvest strategy performance must be reported as part of the requirements specified in Condition 4 above.

6.   The Australian Fisheries Management Authority must ensure there is sufficient ongoing monitoring (electronic or human) to evaluate the nature and level of impacts of fishing on EPBC Act protected species.

The Australian Fisheries Management Authority must provide the Department of Agriculture, Water and the Environment, as part of the annual reporting at Condition 4, a report outlining all monitoring of protected species that was undertaken. The report must include how the results of the monitoring will inform the ongoing management of the fisheries, in particular, an observer program for the fisheries.

Accreditation of the harvest operations of the Commonwealth North West Slope Trawl Fishery and Western Deepwater Trawl Fishery under Part 13, December 2020

Condition 1:

The Australian Fisheries Management Authority must ensure there is sufficient ongoing monitoring (electronic or human) to evaluate the nature and level of impacts of fishing on EPBC Act protected species.

The Australian Fisheries Management Authority must provide the Department of Agriculture, Water and the Environment, as part of the annual reporting at Condition 4 of the Part 13A approval, a report outlining all monitoring of protected species that was undertaken. The report must include how the results of the monitoring will inform the ongoing management of the fisheries, in particular, an observer program for the fisheries.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history