Declaration of an Approved Wildlife Trade Operation – Queensland East Coast Otter Trawl Fishery, December 2021

made under section 303FN of the

Environment Protection and Biodiversity Conservation Act 1999

Compilation No. 1

Compilation date: 10 May 2024

Includes amendments: F2024N00391

Registered: 16 May 2024

About this compilation

This compilation

This is a compilation of the Declaration of an Approved Wildlife Trade Operation – Queensland East Coast Otter Trawl Fishery, December 2021 that shows the text of the law as amended and in force on 10 May 2024 (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 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 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

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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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 – QUEENSLAND EAST COAST OTTER TRAWL FISHERY, DECEMBER 2021

I, ADAM SINCOCK, Principal 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 East Coast Otter Trawl Fishery as defined in the management regime in force under the:

 Fisheries Act 1994 (Qld)

 Fisheries (General) Regulation 2019 (Qld)

 Fisheries (Commercial Fisheries) Regulation 2019 (Qld)

 Fisheries Declaration 2019 (Qld)

 Fisheries Quota Declaration 2019 (Qld)

 Marine Parks Act 2004 (Qld)

 Marine Parks Regulations 2019 (Qld)

 Great Barrier Reef Marine Park Act 1975 (Cth)

 Great Barrier Reef Marine Park 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),

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 17 December 2024, and

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

Dated this 17th day of December 2021

Adam Sincock

………….…….…………………………………

Delegate of the Minister for the Environment

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 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, Email: sustainablefisheries@awe.gov.au.

Schedule 1

Declaration of the harvest operations of the Queensland East Coast Otter Trawl Fishery as an approved wildlife trade operation, December 2021

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 Queensland East Coast Otter Trawl Fishery:

Condition 1
The Queensland Department of Agriculture and Fisheries must ensure that the operation of the Queensland East Coast Otter Trawl Fishery is carried out in accordance with the management regime specified in the following:

 Fisheries Act 1994 (Qld)

 Fisheries (General) Regulation 2019 (Qld)

 Fisheries (Commercial Fisheries) Regulation 2019 (Qld)

 Fisheries Declaration 2019 (Qld)

 Fisheries Quota Declaration 2019 (Qld)

 Marine Parks Act 2004 (Qld)

 Marine Parks Regulations 2019 (Qld)

 Great Barrier Reef Marine Park Act 1975 (Cth)

 Great Barrier Reef Marine Park Regulations 2019 (Cth).

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 Queensland East Coast Otter Trawl Fishery management arrangements that may 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.

Condition 4

The Queensland Department of Agriculture and Fisheries must produce and present reports on the Queensland East Coast Otter Trawl Fishery, including progress against all of the conditions established in this assessment report, to the Department of Agriculture, Water and the Environment by 30 June annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries ­– 2nd Edition.

Condition 5

Consistent with Principle 1 of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition and the precautionary principle, the Queensland Department of Agriculture and Fisheries must:

a) Not allow the take or harvest of saucer scallops until the Department of Agriculture Water and the Environment has been provided with science‑based evidence, including an updated stock assessment, that any management arrangements proposed, adopted or implemented in the fishery for saucer scallops will not contribute to overfishing and further depletion of the saucer scallop stock.

b) Not maintain, adopt or implement management arrangements that contribute to overfishing of saucer scallops, in particular, while the stock is below a minimum reference point of 30% of original biomass (as referenced in the Queensland Department of Agriculture and Fisheries correspondence to licence holders on 27 August 2021).

c) As part of the annual report described in Condition 4, provide updated science‑based evidence, including an updated stock assessment, to the Department of Agriculture, Water and the Environment, that demonstrates overfishing of saucer scallops is not occurring and the saucer scallop stock is on a suitable rebuilding trajectory.

d) Develop and publish a formal rebuilding strategy for the Queensland East Coast Otter Trawl Fishery saucer scallop stock. This strategy should be developed as a matter of priority (by 30 June 2022) and be consistent with the Queensland Sustainable Fishery Strategy 2017–2027, and the Queensland Government’s Harvest Strategy Policy and Guidelines.

e) Implement the key management actions identified in the formal rebuilding strategy. These actions should be fully implemented by 30 November 2022.

Condition 6

By 30 November 2022, the Queensland Department of Agriculture and Fisheries must work with the Great Barrier Reef Marine Park Authority to develop a review that determines a scientifically informed and risk based total effort cap for the Queensland East Coast Otter Trawl Fishery operations within the Great Barrier Reef World Heritage Area as a whole, and within each management region within the Great Barrier Reef World Heritage Area. This needs to ensure trawling occurring within the heritage area is ecologically sustainable for all species, habitats, and regions.

Condition 7

By 30 September 2024, the Queensland Department of Agriculture and Fisheries must commence development and implementation of a statistically robust, independent, quantitative and validated monitoring and data collection regime in the Queensland East Coast Otter Trawl Fishery. This may involve the use of electronic monitoring, onboard observers, or other means.

The information collected should be representative of the fishery, and sufficient to reliably demonstrate the accuracy of reported catch, effort and protected species interaction data collected via logbooks. This regime needs to gather suitable data on the level of catch, discards and interactions in the fishery to inform the sustainable management of target, byproduct and bycatch species (including protected species).

Condition 8

By 30 November 2023, the Queensland Department of Agriculture and Fisheries must:

a) Develop and implement mitigation measures to address all risks identified as being at intermediate or above risk from the impacts of fishing in the existing Ecological Risk Assessments, according to protocols described in the Fisheries Queensland Ecological Risk Assessment Guideline.

b) Complete and publish an updated Ecological Risk Assessment for the Queensland East Coast Otter Trawl Fishery, which describes whole of fishery risks and species‑specific risks within each of the fishery’s management regions. This should follow the protocols described in the Fisheries Queensland ERA Guideline 2018.

c) The updated Ecological Risk Assessment should incorporate any new published literature and data made available from the benthic fauna biodiversity surveys proposed for deep water and previously undocumented sections of the Coral Sea.

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

Endnote 3—Legislation history

Endnote 4—Amendment history