COMMONWEALTH OF AUSTRALIA

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 Queensland Department of Agriculture and Fisheries, 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 Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery as defined in the management regime in force under the Queensland Fisheries Act 1994, Fisheries (General) Regulation 2019 and Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery developmental fishing permits, 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 January 2024 and;

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

 

Dated this   25th day of March      2021

 

………….…….………[Signed]…………………………

Laura Timmins

Delegate of the Minister for the Environment

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: 0449 947 394 Email: sustainablefisheries@awe.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.

Schedule 1

Part 13A conditions to the Queensland Department of Agriculture and Fisheries on the approved wildlife trade operation declaration for the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery – March 2021

 

Condition 1

The Queensland Department of Agriculture and Fisheries must ensure the operation of the Gulf of Carpentaria Developmental Fin Fish Trawl Fishery is carried out in accordance with the management arrangements specified in the Queensland Fisheries Act 1994 and Fisheries (General) Regulations 2019 and Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery developmental fishing permits.

 

Condition 2

The Queensland Department of Agriculture and Fisheries must inform the Department of Agriculture, Water and the Environment of any intended material changes to the Gulf of Carpentaria Developmental Fin Fish Trawl Fishery management arrangements, so the Department of Agriculture, Water and the Environment can determine if these changes affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

 

Condition 3

The Queensland Department of Agriculture and Fisheries 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. This includes any changes to legislation, policy, permit conditions or other management arrangements relevant to the fishery.

 

Condition 4

The Queensland Department of Agriculture and Fisheries must provide annual reports on the Gulf of Carpentaria Developmental Fin Fish Trawl Fishery to the Department of Agriculture, Water and the Environment every 12 months, from the date of the approval of the wildlife trade operation. These reports must be consistent with Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition (2007).

 

Condition 5

The Queensland Department of Agriculture and Fisheries must ensure that an observer is carried onboard each fishing boat in the Gulf of Carpentaria Developmental Fin Fish Trawl Fishery on each boat’s first fishing trip of each year, and every third trip thereafter.

Within eight weeks of the completion of each observed trip, the Queensland Department of Agriculture and Fisheries must provide a copy of the observer trip report to the Department of Agriculture, Water and the Environment.

The observer trip report must include:

a)      Description of the trip and the fishing gear used

b)      Retained catch by species per shot (estimated weights) with at least one shot per day recording actual weights

c)      Retained volume of legal-size catch by species per shot and sub-legal size catch by species per shot (estimated weights) with at least one shot per day recording actual weights

d)      Discarded catch identified where possible to species level, per shot (estimated weights) with one shot per day recording actual weights. Any interactions with the benthos must also be reported. This includes for example organisms like corals, sponges, gorgonians, as well as substrate such as rock.

e)      Effort (shot location, number of shots by grid/site, hours trawled)

f)       Protected species interactions (species, individuals and estimated weights, and life-status (dead, injured, alive) per shot.

 

Condition 6

The Queensland Department of Agriculture and Fisheries must ensure that a fishery independent survey is completed for the Gulf of Carpentaria Developmental Fin Fish Trawl Fishery and results published and provided to the Department of Agriculture, Water and the Environment within three months of the fishery independent survey being completed.

The survey must collect sufficient data to allow an estimate of biomass and density of target species within the fishery, including:

a)      Crimson snapper (Lutjanus erythropterus)

b)      Saddletail snapper (Lutjanus malabaricus)

c)      Mangrove jack (Lutjanus argentimaculatus)

d)      Golden snapper (Lutjanus johnii)

e)      Red emperor (Lutjanus sebae)

f)       All remaining teleost species, except for:

  1. Barramundi (Lates calcarifer)
  2. Sharks (Class Chondrichthyes)
  3. Tuna and Mackerel (Scombridae)
  4. Marlin and Billfish (Istiophoridae and Xiphiidae)
  5. Pomfrets (Family Bramidae)
  6. Black jewfish (Protonibea diacanthus)
  7. Queenfish (Scomberoides spp.)
  8. King salmon (Polydactylus macrochir)
  9. Blue salmon (Eleutheronema tetradactylum)
  10. Squid (Photololigo spp.)

 

Condition 7

By 30 January 2024 the Queensland Department of Agriculture and Fisheries must either provide the Department of Agriculture, Water and the Environment with:

a)      results of a stock assessment model or stock assessment report, based on the independent survey, that shows the status of the key target species, including biomass estimates and allowable harvest levels based on achieving a target biomass; and

b)      a draft Harvest Strategy that meets the requirements of the Queensland Harvest Strategy Policy and Guidelines; or

c)      Written advice that further developmental fishing is not proposed to continue.