Declaration of an Approved Wildlife Trade Operation – Commonwealth Coral Sea Fishery, July 2021
made under subsection 303FN(2) and paragraph 303FN(10)(d) of the
Environment Protection and Biodiversity Conservation Act 1999
Compilation No. 2
Compilation date: 6 December 2022
Includes amendments up to: F2022N00293
Registered: 7 February 2023
About this compilation
This compilation
This is a compilation of the Declaration of an Approved Wildlife Trade Operation – Commonwealth Coral Sea Fishery, July 2021 that shows the text of the law as amended and in force on 6 December 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 – COMMONWEALTH CORAL SEA FISHERY, JuLY 2021
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 Coral Sea Fishery, 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 Coral Sea Fishery as defined 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), except for specimens that belonging to the family Acroporidae, Humphead Maori Wrasse (Cheilinus undulates) and Black Teatfish (Holothuria whitmaei)
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 7 January 2024 and;
b) is subject to the conditions applied under section 303FT specified in the Schedule 1.
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 Commonwealth Coral Sea Fishery as an approved wildlife trade operation, July 2021
SCHEDULE 1: 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 Coral Sea Fishery:
1. The Australian Fisheries Management Authority must ensure that operation of the Coral Sea Fishery is carried out in accordance with the management arrangements defined under the Fisheries Management Act 1991 (CTH), and the Fisheries Management Regulations 2019 (CTH).
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 Coral Sea Fishery’s 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 Climate Change, Energy, the Environment and Water 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 Climate Change, Energy, the Environment and Water annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.
5. The Australian Fisheries Management Authority must limit the take of species listed under the Convention on the International Trade of Endangered Species (CITES), from the area of the Coral Sea Fishery to no more than:
a) 40 tonnes per year (1 July – 30 June) of any mixture of species belonging to the family Acroporidae.
b) 50 individual Humphead Maori Wrasse (Cheilinus undulates) per year
(1 July – 30 June). Consistent with the trigger limits in the relevant Harvest Strategy, no more than 10 individuals can be caught without assessment of the catch. The assessment must be done in consultation with the CITES Scientific Authority.
c) 1 tonne per year of Black Teatfish (Holothuria whitmaei)
6. 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.
7. As part of the annual reporting requirement referred to in Condition 4, the Australian Fisheries Management Authority must report the following to the Department of Climate Change, Energy, the Environment and Water, as the CITES Scientific Authority of Australia:
a) the harvested weight and locations of harvest for each coral species. This reporting must be undertaken at a species-level.
b) the number of individual Humphead Maori Wrasse (Cheilinus undulatus), their sex, lengths and locations of harvest.
c) any assessments, management changes or findings relevant to the management of CITES-listed species in the Coral Sea Fishery.
8. By 31 August 2023, the Australian Fisheries Management Authority must:
a) undertake a comprehensive review to update the science underpinning the Coral Sea Fishery Harvest Strategy - Sea Cucumber Sector to ensure it supports a longer-term export approval for the fishery. This should consider all relevant science applicable to the key biological parameters of the fishery's main sea cucumber species, including the Expert advice for the assessment of Australian sea cucumber (Holothuria) fisheries report commissioned by the Department of Climate Change, Energy, the Environment and Water
b) drawing on the findings of the comprehensive review, finalise an updated Coral Sea Fishery Harvest Strategy - Sea Cucumber Sector and develop, at a minimum, species-specific trigger limits and reference points (or proxies) for species listed under CITES; and ongoing data collection and monitoring plans required to support ongoing fishing of these species.
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
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Declaration of an Approved Wildlife Trade Operation – Commonwealth Coral Sea Fishery, July 2021 | 27 July 2021 (F2021N00174) | 28 July 2021 | |
| Declaration of an Approved Wildlife Trade Operation – Commonwealth Coral Sea Fishery, November 2021 | 30 Nov2021 (F2021N00299) | 1 Dec 2021 | — |
| Declaration of an Approved Wildlife Trade Operation – Commonwealth Coral Sea Fishery, November 2022 | 5 Dec 2022 (F2022N00293) | 6 Dec 2022 | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Schedule 1................................ | am F2021N00299; F2022N00293 |
| | ed C2 |
Endnote 5—Editorial changes
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Schedule 1 (Condition 7)
Kind of editorial change
Give effect to the misdescribed amendment as intended
Details of editorial change
The Declaration of an Approved Wildlife Trade Operation – Commonwealth Coral Sea Fishery, November 2022 provides as follows:
In Condition 7, delete the words
“As part of the annual reporting requirement referred to in Condition 4, the Australian Fisheries Management Authority must report the following to the Department of Agriculture, Water and the Environment, as the CITES Scientific Authority of Australia:
a) the harvested weight and locations of harvest for each coral species. This reporting must be undertaken at a species-level.
b) the number of individual Humphead Maori Wrasse (Cheilinus undulatus), their sex, lengths and locations of harvest.
c) any assessments, management changes or findings relevant to the management of CITES-listed species in the Coral Sea Fishery.”
and replace with the words
“As part of the annual reporting requirement referred to in Condition 4, the Australian Fisheries Management Authority must report the following to the Department of Climate Change, Energy, the Environment and Water, as the CITES Scientific Authority of Australia:
a) the harvested weight and locations of harvest for each coral species. This reporting must be undertaken at a species-level.
b) the number of individual Humphead Maori Wrasse (Cheilinus undulatus), their sex, lengths and locations of harvest.
c) any assessments, management changes or findings relevant to the management of CITES-listed species in the Coral Sea Fishery.”
The text “Fishery.” does not appear in Condition 7 of Schedule 1. However, the text “Fishery” does appear.
This compilation was editorially changed to apply the amendment to Condition 7 of Schedule 1 and give effect to the misdescribed amendment as intended.
Schedule 1 (Condition 8)
Kind of editorial change
Give effect to the misdescribed amendment as intended
Details of editorial change
The Declaration of an Approved Wildlife Trade Operation – Commonwealth Coral Sea Fishery, November 2022 provides as follows:
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 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.”
and replace with the words
“By 31 August 2023, the Australian Fisheries Management Authority must:
a) undertake a comprehensive review to update the science underpinning the Coral Sea Fishery Harvest Strategy - Sea Cucumber Sector to ensure it supports a longer-term export approval for the fishery. This should consider all relevant science applicable to the key biological parameters of the fishery's main sea cucumber species, including the Expert advice for the assessment of Australian sea cucumber (Holothuria) fisheries report commissioned by the Department of Climate Change, Energy, the Environment and Water
b) drawing on the findings of the comprehensive review, finalise an updated Coral Sea Fishery Harvest Strategy - Sea Cucumber Sector and develop, at a minimum, species-specific trigger limits and reference points (or proxies) for species listed under CITES; and ongoing data collection and monitoring plans required to support ongoing fishing of these species.
The text “up-to-date” does not appear in Condition 8 of Schedule 1. However, the text “up to date” does appear.
This compilation was editorially changed to apply the amendment to Condition 8 of Schedule 1 and give effect to the misdescribed amendment as intended.
Schedule 1 (Condition 9)
Kind of editorial change
Removal of redundant text
Details of editorial change
The Declaration of an Approved Wildlife Trade Operation – Commonwealth Coral Sea Fishery, November 2022 provides as follows:
In Condition 9, delete 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.”
This amendment results in Condition 9 of Schedule 1 containing no text.
This compilation was editorially changed to omit “9.” to remove the redundant text.