COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – SOUTH AUSTRALIAN MARINE SCALEFISH FISHERY, SEPTEMBER 2019

I, JOHN GIBBS, Assistant Secretary, Wildlife Trade, 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 Department of Primary Industries and Regions South Australia, 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 South Australian Marine Scalefish Fishery, as defined in the management regime in force under the Fisheries Management Act 2007 (SA), the Fisheries Management (Marine Scalefish Fisheries) Regulations 2017 (SA), the Fisheries Management (General) Regulations 2017 (SA) and the Fisheries Management (Fish Processor) Regulations 2017 (SA), but not including:

specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
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 9 September 2022 and;

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

Dated this 10th day of September 2019

John Gibbs

………….…….…………………………………

Delegate of the Minister for the Environment

A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment and Energy for the reasons for the decision.

An application for independent review of the decision (under section 303GJ(1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Appeals Tribunal (AAT), on payment of the relevant fee by the applicant, either within 28 days of receipt of the reasons for the decision, or within 28 days of this declaration if reasons for the decision are not sought. Applications should be made to the Deputy Registrar, AAT in your Capital City. Please visit the AAT’s website at http://www.aat.gov.au/ for further information.

You may make an application under the Freedom of Information Act 1982 (Cth) to access documents relevant to this decision. For further information, please visit http://www.environment.gov.au/foi/index.html.

Further enquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au.

SCHEDULE

Declaration of the Harvest Operations of the South Australian Marine Scalefish Fishery as an approved wildlife trade operation, September 2019

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 South Australian Marine Scalefish Fishery:

1. Operation of the fishery will be carried out in accordance with the management regime under the:

Fisheries Management Act 2007 (South Australia); Fisheries Management (Marine Scalefish

Fisheries) Regulations 2017; Fisheries Management (General) Regulations 2017; and the Fisheries

Management (Fish Processor) Regulations 2017.

2. Primary Industries and Regions South Australia (PIRSA) to inform the Department of the

Environment and Energy of any intended material changes to the South Australian 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’.

4. Within the term of the new wildlife trade operation declaration, PIRSA to:

a) continue to work with industry to maintain a statistically robust monitoring and reporting regime that will collect sufficient data, allowing evaluation of the effectiveness of the fishery’s management measures.

b) provide a summary of monitoring activities (such as trials, research, studies) to the Department of the Environment and Energy, as part of annual reporting as required by Condition 3 above.

5. PIRSA to continue to advise the Department of the Environment and Energy of:

a) any proposed changes to management arrangements for Smooth Hammerhead sharks

(Sphyrna. zygaena)

b) any changes to harvest levels of Sphyrna zygaena, particularly since the non-detriment finding

review in 2017.

c) any additional CITES or EPBC Act listed species being, likely to be, or able to be, harvested in the fishery.

PIRSA to consult with the Department of the Environment and Energy, prior to a change to the management arrangements for a CITES or EPBC Act listed species being implemented.