COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION FOR THE LINE FISHERY (GULF OF CARPENTARIA—SPANISH MACKEREL AND OTHER FIN FISH), QUEENSLAND, NOVEMBER 2019

I, NATHAN SIBLEY, Acting Assistant Secretary, Environmental Assessments and 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 Queensland Department of Agriculture and Fisheries and advice on the ecological sustainability of the operation. I hereby declare the operation for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish) in accordance with the management regime in force under the Fisheries Act 1994 (Queensland), the Fisheries (General) Regulation 2019 (Queensland), the Fisheries (Commercial Fisheries) Regulation 2019 (Queensland), the Fisheries Declaration 2019 (Queensland), and the Fisheries Quota Declaration 2019 (Queensland), 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 22 November 2022 and;

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

Dated this 15 day of November 2019

Nathan Sibley   

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: wta@environment.gov.au.

SCHEDULE

Declaration of the Harvest Operations of the Queensland Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish) as an approved wildlife trade operation, November 2019

ADDITIONAL PROVISIONS (section 303FT)

Relating to the harvesting of fish specimens that are, or are derived from, fish or invertebrates taken in the Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish), other than specimens that belong to species listed under Part 13 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and specimens that belong to taxa listed under section 303CA of the EPBC Act (Part 13A):

EPBC Act Part 13A:

Condition 1: 

The Queensland Department of Agriculture and Fisheries must ensure that the operation of the Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish) is carried out in accordance with the management regime for the Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish) in force under the Fisheries Act 1994 (Queensland), the Fisheries (General) Regulation 2019 (Queensland), the Fisheries (Commercial Fisheries) Regulation 2019 (Queensland), the Fisheries Declaration 2019 (Queensland) and the Fisheries Quota Declaration 2019 (Queensland).

Condition 2:

The Queensland Department of Agriculture and Fisheries must inform the Department of the Environment and Energy of any intended material changes to the Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish) management arrangements that were assessed and against which the current Environment Protection and Biodiversity Conservation Act 1999 decisions were made.

Condition 3:

The Queensland Department of Agriculture and Fisheries must provide reports to the Department of the Environment and Energy annually on the Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish) as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition (2007).

Condition 4:

By 30 June 2020 the Queensland Department of Agriculture and Fisheries must implement foundational reforms (actions 1.1-1.4) identified in the Queensland Sustainable Fisheries Strategy 2017–2027 for the collection of accurate and reliable data. The collection of data must be sufficient, to monitor and assess the impact of the Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish) on target and non-target species, including all eligible listed threatened, migratory, and marine species under the EPBC Act, with a high degree of confidence.

Condition 5:

The Queensland Department of Agriculture and Fisheries must develop and implement an independent data collection and validation program that includes:

a)      An assessment of the feasibility and complete proof of concept trials for electronic monitoring; and

b)     Implementation of an independent data collection and validation program for the Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish). This may include electronic monitoring or alternative interim solutions.

Condition 6:

The Queensland Department of Agriculture and Fisheries must review and implement any necessary improvements to their data collection and validation program, to ensure there is a high degree of confidence in the extent of interactions with all bycatch, including protected species in the Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish). Where species are not accurately reported to species-level, data and risks to these species must be managed in a timely and precautionary way.

Condition 7:

The Queensland Department of Agriculture and Fisheries must:

a)      Support fishers to accurately identify and record all sharks at the species-level. This should include assessment and monitoring of reporting performance to identify and target any ongoing improvements.

b)     Ensure all commercial catch of shark species of conservation concern can be readily and reliably determined, at a taxonomic level sufficient to monitor and manage risks at the species-level. This may require a prohibition on the removal of head, fins, fillets or other morphological features that assist in identifying species prior to landing and the use of on-board, at sea data validation, such as electronic monitoring.

Condition 8:

The Queensland Department of Agriculture and Fisheries must ensure catch composition is sufficiently monitored and understood to ensure that stock impacted by the Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish) is sustainably managed and not overfished or subject to overfishing. The Queensland Department of Agriculture and Fisheries must undertake a stock assessment of the Gulf of Carpentaria Spanish mackerel stock by 31 December 2021.

Condition 9:

The Queensland Department of Agriculture and Fisheries must:

a)      Publish a Level 1 ecological risk assessment (ERA) for the Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish) by 31 December 2019.

b)     Develop and publish a Level 2 ERA for the Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish) according to the Queensland Government ERA guidelines, and implement appropriate risk mitigations strategies by 31 December 2020.

Condition 10:

The Queensland Department of Agriculture and Fisheries must prepare a harvest strategy that monitors and manages impacts associated with the Line fishery (Gulf of Carpentaria—spanish mackerel and other fin fish) on target, byproduct and bycatch including protected species in cooperation with a stakeholder-based fishery working group.

Performance against this strategy, including proposed timelines for implementation, must be included in annual reports specified at Condition 3.

Condition 11:

The Queensland Department of Agriculture and Fisheries must continue to collaborate with other jurisdictions to pursue consistent and complementary research needs and management arrangements for target species and advise on how this has informed management actions.

EPBC Act Part 13:

Condition 1:

The Queensland Department of Agriculture and Fisheries must work with relevant stakeholders to determine an improved data collection and validation approach that can validate the number of interactions with all bycatch, including protected species. Where species are not accurately reported to species-level, data and risks to the species must be managed in a timely and precautionary way.

Condition 2:

The Queensland Department of Agriculture and Fisheries must ensure all reasonable steps are taken by commercial fishers to maximise the post-capture survival of bycatch. This may include reviewing the effectiveness of existing risk mitigation measures, and monitoring and enforcement activities.