COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – NEW SOUTH WALES OCEAN TRAP AND LINE FISHERY, JUNE 2018

I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment and Energy, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the New South Wales Department of Primary Industries, 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 New South Wales Ocean Trap and Line Fishery as defined in the management regime in force under the Fisheries Management Act 1994 (NSW), the Fisheries Management (Supporting Plan) Regulation 2006 (NSW), the Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006 (NSW), and the Fisheries Management (General) Regulation 2010 (NSW), but not including:

• specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or  
• 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 2 July 2021 and;

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

Dated this  29th   day of  June  2018

Delegate of the Minister for the Environment and Energy

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: sustainablefisheries@environment.gov.au.

SCHEDULE

Declaration of the Harvest Operations of the New South Wales Ocean Trap and Line Fishery as an approved wildlife trade operation, June 2018

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 NSW Ocean Trap and Line Fishery.

1. Operation of the NSW Ocean Trap and Line Fishery will be carried out in accordance with the management regime in force under the Fisheries Management Act 1994 (NSW).

2.       NSW Department of Primary Industries, to inform the Department of the Environment and  Energy of any intended material changes to the NSW Ocean Trap and Line Fishery management arrangements that may affect the assessment against which EPBC Act decisions are made.

3.       NSW Department of Primary Industries to produce and present reports to the Department of the Environment and Energy annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.

4.       For each year in which shark fishing permits are issued, NSW Department of Primary Industries to:

1. implement an annual total allowable catch of no greater than 110 tonnes for ‘Schedule 1’ shark species, unless otherwise agreed in advance with the Department of Environment and Energy.
2. continue to implement a scientifically robust observer program for the shark fishing permit component of the NSW Ocean Trap and Line Fishery.
3. review the effectiveness of management arrangements for shark fishing in the NSW Ocean Trap and Line Fishery, taking into account information collected in the scientific observer program and daily logbooks and any new biological data. The findings of each review must be provided to the Department.

5.       NSW Department of Primary Industries to continue to:

1. implement clear and accurate reporting at the species level, for sharks that are CITES listed, and those which are protected under the EPBC Act.

b.       educate fishers on protocols on handling and release of no take shark species, to reduce the likelihood of injury or mortality.

c.       progress the long term management arrangements for shark species, by continuing co-operation with relevant jurisdictions and to pursue increased knowledge, and complementary management of shark species identified through:

1. catch reporting and/or targeted research programs
2. implementing mitigation measures for shark species of conservation concern which are identified through the scientific observer program, research programs and other reviews, and protected species listing processes.

6.       NSW Department of Primary Industries to:

1. continue measures to protect Grey Nurse Sharks.

b.       continue to monitor and review the adequacy of mitigation measures and implement actions, if appropriate, designed to mitigate the impact of fishing on Grey Nurse Sharks.

c.       pending the development of a reporting Memorandum of Understanding between the NSW Department of Primary Industries and the Department of Environment and Energy, provide quarterly reports to this Department, on interactions with Grey Nurse Sharks recorded in logbooks. The reports will include the nature of any interactions, the location and gear method.

7.       NSW Department of Primary Industries to: 

1. ensure that management measures are in place to meet the objectives of the rebuilding strategies and management strategies, for species listed as conservation dependent under the EPBC Act.

b.       continue to evaluate and report to this Department, on the effectiveness of rebuilding strategies and management strategies for conservation dependent listed species, as part of the annual reporting referred to in Condition 3.

8.       This condition remains ongoing. NSW Department of Primary Industries to:

1. develop and implement a recovery program for Grey (Rubberlip) Morwong.

b.       continue to develop and implement recovery programs for species taken in the NSW OTLF, classified as recruitment overfished, overfished and where appropriate, growth overfished.

9.       NSW Department of Primary Industries to consider management arrangements to reduce the harvest of Pearl Perch, to avoid further decline in abundance and catch rates of this species.