Federal Register of Legislation - Australian Government

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This instrument declares the operations for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the Commonwealth Eastern Tuna and Billfish Fishery, as an approved wildlife trade operation.
Administered by: Climate Change, Energy, the Environment and Water
Registered 19 Aug 2022
To be ceased 19 Aug 2025
Ceased by Self Ceasing

Commonwealth Coat of Arms of Australia

COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – COMMONWEALTH EASTERN TUNA AND BILLFISH FISHERY, AUGUST 2022

 

I, DECLAN O’CONNOR-COX, Assistant Secretary, Environment Protection Reform Branch, as Delegate of the Minister for the Environment and Water, 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, 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 Commonwealth Eastern Tuna and Billfish Fishery as defined in the management regime in force under the:

·         Fisheries Management Act 1991 (Cth)

·         Fisheries Regulations 2019 (Cth)

·         Eastern Tuna and Billfish Fishery Management Plan 2010,

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 19 August 2025, and

b)             is subject to the conditions applied under section 303FT specified in the Schedule 1.

 

Dated this        17    day of   August    2022

 

DECLAN O’CONNOR-COX

………….…….…………………………………

Delegate of the Minister for the Environment and Water

 

Notes:

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 Climate Change, Energy, the Environment and Water 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, Sustainable Fisheries Section, Department of Climate Change, Energy, the Environment and Water, Email: sustainablefisheries@environment.gov.au.

 

Schedule 1

 

Declaration of the harvest operations of the Commonwealth Eastern Tuna and Billfish Fishery as an approved wildlife trade operation, August 2022

 

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 Eastern Tuna and Billfish Fishery:

Condition 1
Operation of the Commonwealth Eastern Tuna and Billfish Fishery must be carried out in accordance with the Eastern Tuna and Billfish Fishery Management Plan 2010 in force under the Fisheries Management Act 1991 (Cth) and the Fisheries Management Regulations 2019 (Cth).

 

Condition 2:

The Australian Fisheries Management Authority must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the Commonwealth Eastern Tuna and Billfish Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

 

Condition 3:

The Australian Fisheries Management Authority must inform the Department of Climate Change, Energy, the Environment and Water of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.

 

Condition 4:

The Australian Fisheries Management Authority must produce and present reports on the Commonwealth Eastern Tuna and Billfish Fishery, including progress against all Part 13A conditions, to the Department of Climate Change, Energy, the Environment and Water by 1 August annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

 

Condition 5:

By 30 July 2024, the Australian Fisheries Management Authority must:

a)      publish an updated Ecological Risk Assessment for the Commonwealth Eastern Tuna and Billfish Fishery using data that best reflects the management arrangements which the fishery currently operates within. The Australian Fisheries Management Authority should ensure the data used to inform the updated Ecological Risk Assessment includes fishing operations data collected since the implementation of electronic monitoring in the fishery

b)      continue to implement management actions to address and mitigate risks and impacts for species that are identified as high risk, including data collection for species that are assessed as high risk because of missing information.

 

Condition 6:

The Australian Fisheries Management Authority must continue to identify, trial, and where appropriate, implement methods to improve the Commonwealth Eastern Tuna and Billfish Fishery’s mitigation of interactions with protected species, including identifying and adopting opportunities from relevant research projects and broader international initiatives.

 

Condition 7:

The Australian Fisheries Management Authority is to consult with the Department of Climate Change, Energy, the Environment and Water prior to the implementation of any changes to management arrangements for species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

 

Condition 8:

The Australian Fisheries Management Authority must:

a)      continue efforts to determine the extent of the impact of fishing in the Commonwealth Eastern Tuna and Billfish Fishery on shark species

b)      following the next review of the National Plan of Action for the Conservation and Management of Sharks 2012 (Shark Plan 2), adopt any applicable new or adapted management obligations within 12 months of the updated plans implementation.

 

Condition 9:

The Australian Fisheries Management Authority to continue efforts to determine the extent of the impact of fishing in the Commonwealth Eastern Tuna and Billfish Fishery on marine turtle species.

 

Condition 10:

The Australian Fisheries Management Authority must continue to monitor and respond to the most recent Western and Central Pacific Fisheries Commission stock assessments and stock status determinations for striped marlin, to ensure Australia’s harvest does not subject the stock to further overfishing and continues to allow for the rebuilding of the stock biomass levels.