Declaration of an Approved Wildlife Trade Operation – South Australian Marine Scalefish Fishery

made under subsection 303FN(2) and paragraph 303FN(10)(d) of the

Environment Protection and Biodiversity Conservation Act 1999

Compilation No. 1 

Compilation date:   23 July 2016

Includes amendments up to: Declaration of an Approved Wildlife Trade
     Operation – South Australian Marine
     Scalefish Fishery (Variation) [F2016N00015]

About this compilation

This compilation

This is a compilation of the Declaration of an Approved Wildlife Trade Operation – South Australian Marine Scalefish Fishery (Variation) [F2016N00001] that shows the text of the law as amended and in force on 23 July 2016 (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.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION

I, Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, having satisfied myself on the matters set out in section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), declare the operation that is specified in column 1 of Table 1, to be an approved wildlife trade operation under subsection 303FN (2) and paragraph 303FN(10)(d), of the EPBC Act, but only to the extent the operation relates to the class of specimens specified in column 2 of Table 1.

Table 1

Unless amended or revoked, this declaration:

a)              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 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, Sustainable Fisheries Section.

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.

SCHEDULE

Declaration of the Harvest Operations of the South Australian Marine Scalefish Fishery as an approved wildlife trade operation

ADDITIONAL PROVISIONS (section 303FT)

1. Operation of the fishery will be carried out in accordance with the management regime under the SA Fisheries Management Act 2007, the Fisheries Management (Marine Scalefish Fisheries) Regulations 2006 and the Fisheries Management (General) Regulations 2007.

2. PIRSA to inform the Department of the Environment and Energy of any intended material changes to the SA Marine Scalefish Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

3. PIRSA to produce and present reports to the Department of the Environment and Energy annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition (the Guidelines).

4. Following the updated scientific assessments of stock levels for snapper, King George whiting and garfish (expected in 2016, 2017 and 2018 respectively) and in response to findings in those assessments, PIRSA to:

 a) ensure findings of the updated scientific assessments are publicly available, and include an evaluation of the success of changes to management arrangements implemented since the last fishery assessments             

 b) finalise, publicly release and implement recovery strategies to rebuild primary species stocks to ecologically viable levels, within a specific time period, appropriate to the biology of the stocks

 c) continue to ensure that stock levels of these species are well understood.

 Unless otherwise amended or revoked, this declaration is valid until 15 March 2019.

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.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history