Declaration of an Approved Wildlife Trade Operation – Commonwealth Northern Prawn Fishery, December 2023

Declaration of an Approved Wildlife Trade Operation – Commonwealth Northern Prawn Fishery, December 2023

made under section 303FN of the

Environment Protection and Biodiversity Conservation Act 1999

Compilation No. 2

Compilation date: 26 June 2025

Includes amendments: F2025N00504

About this compilation

This compilation

This is a compilation of the Declaration of an Approved Wildlife Trade Operation – Commonwealth Northern Prawn Fishery, December 2023 that shows the text of the law as amended and in force on 26 June 2025 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

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.

Presentational changes

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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. Any modifications affecting the law are accessible on the Register.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 – COMMONWEALTH NORTHERN PRAWN FISHERY, DECEMBER 2023

I, BELINDA JAGO, Branch Head, Ocean and Wildlife Branch, as Delegate of the Minister for the Environment and Water, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the Australian Fisheries Management Authority 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 Commonwealth Northern Prawn Fishery as defined in the management regime in force under the:

 Fisheries Management Act 1991 (Cth),

 Fisheries Management Regulations 2019 (Cth),

 Northern Prawn Fishery Management Plan 1995 (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 6 January 2027, and

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

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 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 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, Department of Climate Change, Energy, the Environment and Water, Email: sustainablefisheries@dcceew.gov.au.

Schedule 1

Declaration of the harvest operations of the Commonwealth Northern Prawn Fishery as an approved wildlife trade operation, January 2024

ADDITIONAL PROVISIONS (section 303FT)

Relating to the harvesting of 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 Commonwealth Northern Prawn Fishery:

Condition 1

Operation of the Commonwealth Northern Prawn Fishery must be carried out in accordance with the Northern Prawn Fishery Management Plan 1995 (NPF Management Plan) made under the Fisheries Management Act 1991 (Cth) and the Fisheries Management Regulations 2019 (Cth).

Condition 2

The Australian Fisheries Management Authority must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the Commonwealth Northern Prawn Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

Condition 3

The Australian Fisheries Management Authority must inform the Department of Climate Change, Energy, the Environment and Water of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.

Condition 4

The Australian Fisheries Management Authority must produce and present reports on the Commonwealth Northern Prawn Fishery to the Department of Climate Change, Energy, the Environment and Water by January annually (commencing January 2025), as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

Condition 5

By 30 June 2026, the Australian Fisheries Management Authority must provide the Department of Climate Change, Energy, the Environment and Water, with a copy of the new data strategy for the Northern Prawn Fishery.

The new data strategy must include sufficient information to allow the department to understand how independent and fishery dependent monitoring will be managed throughout the term of the strategy; how independent monitoring (either through electronic monitoring or scientific observers) will be spatially and temporally distributed across the fishery; and how this will be prioritised to meet the fishery’s information needs (including an understanding of protected species interactions, addressing known data gaps, and logbook validation).

Condition 6

The Australian Fisheries Management Authority must:

a. By 15 December 2024, complete a trial of electronic monitoring in the Commonwealth Northern Prawn Fishery.

b. By 15 December 2025, complete an assessment of the potential practicalities, costs, and benefits of introducing electronic monitoring in the fishery, with a view to informing a final decision on whether to implement a long‑term electronic monitoring program in the fishery.

Condition 7

By 30 June 2026, the Australian Fisheries Management Authority must draw on the information developed through the Northern Prawn Fishery Strategic Research Plan 2019‑2023 and other supporting research to develop a sawfish bycatch mitigation strategy for the Commonwealth Northern Prawn Fishery. The strategy should consider the application of all relevant management measures and controls, including potential technological, behavioural, temporal, and spatial responses.

Condition 8

The Australian Fisheries Management Authority must ensure that where possible, all interactions with sawfish and sea snakes in the Northern Prawn Fishery are reported to the species level.

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