Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – SOUTH AUSTRALIAN MARINE SCALEFISH FISHERY, DECEMBER 2024

I, JESSICA HOEY, Director, Sustainable Fisheries Section as Delegate of the Minister for the Environment and Water, hereby vary under paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the declaration of an approved wildlife trade operation dated 11 December 2023 for the South Australian Marine Scalefish Fishery, as defined in the management regime in force under the Fisheries Management Act 2007 (SA) and 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), such that the condition specified in Schedule 1 to that declaration is varied as follows:

Replace the following conditions:

Condition 5

The South Australian Department of Primary Industries and Regions must:

a)     By 13 December 2024 implement vessel monitoring systems on all Marine Scalefish Fishery vessels including geofences around sea lion colonies.

b)     By 13 December 2024 implement electronic logbook reporting across the Marine Scalefish Fishery to support reporting of bycatch and discards.

c)   By 30 June 2026, review bycatch and discard reporting measures to determine whether the information collected sufficiently and reliably demonstrates accurate reporting of all catch (including bycatch and discards) and protected species (particularly CITES listed Chondrichthyes) interaction data.

d)   By 30 June 2026, the South Australian Department of Primary Industries and Regions must provide advice to the Department of Climate Change, Energy, the Environment and Water on the review findings and any measures applied.

Condition 7

By 13 December 2024, the South Australian Department of Primary Industries and Regions must:

a)     require that all catch of CITES listed species taken in the South Australian Marine Scalefish Fishery are recorded to a species level, and species-specific discards where possible, and that these catches are reported to the Department of Climate Change, Energy, the Environment and Water as part of the annual reporting requirement referred to in Condition 4.

b)     develop identification resources for species found in the Marine Scalefish Fishery and distribute to fishers to assist with accurate species-specific reporting.

With the following amended conditions:

Condition 5

The South Australian Department of Primary Industries and Regions must:

a)     By 30 June 2025 implement vessel monitoring systems on all Marine Scalefish Fishery vessels including geofences around sea lion colonies.

b)     By 15 January 2026 implement electronic logbook reporting across the Marine Scalefish Fishery to support reporting of bycatch and discards.

c)   By 30 June 2026, review bycatch and discard reporting measures to determine whether the information collected sufficiently and reliably demonstrates accurate reporting of all catch (including bycatch and discards) and protected species (particularly CITES listed Chondrichthyes) interaction data.

d)   By 30 June 2026, the South Australian Department of Primary Industries and Regions must provide advice to the Department of Climate Change, Energy, the Environment and Water on the review findings and any measures applied.

Condition 7

The South Australian Department of Primary Industries and Regions must:

a)     by 15 January 2026, require that all catch of CITES listed species taken in the South Australian Marine Scalefish Fishery are recorded to a species level, and species-specific discards where possible, and that these catches are reported to the Department of Climate Change, Energy, the Environment and Water as part of the annual reporting requirement referred to in Condition 4.

b)   by 30 June 2025, develop identification resources for Chondrichthyes species found in the Marine Scalefish Fishery and distribute to fishers to assist with accurate species-specific reporting.

Dated this 9th day of December 2024

………….……. SIGNED…………………….........

Delegate of the Minister for the Environment and Water

Notes:

1.         Under the Administrative Review Tribunal Act 2024, 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 Climate Change, Energy, the Environment and Water within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Review 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, Department of Climate Change, Energy, the Environment and Water, Email: sustainablefisheries@dcceew.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 is available from https://www.dcceew.gov.au/environment/wildlife-trade/cites.