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, NOVEMBER 2023
I, BELINDA JAGO, Branch Head, Ocean and Wildlife, 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 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), Fisheries Management (General) Regulation 2019 (NSW), Fisheries Management (Supporting Plan) Regulation 2006, and the Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006, 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), except for Common blacktip shark (Carcharhinus limbatus), Australian blacktip shark (Carcharhinus tilstoni), Bignose shark (Carcharhinus altimus), Copper shark (Carcharhinus brachyurus), Spinner shark (Carcharhinus brevipinna), Bull shark (Carcharhinus leucas), Dusky shark (Carcharhinus obscurus), Sandbar shark (Carcharhinus plumbeus), Sliteye Shark (Loxodon macrorhinus), Sicklefin lemon shark/Sharptooth lemon shark (Negaprion acutidens), Blue shark (Prionace glauca), Whitespotted guitarfish/bottlenose wedgefish (Rhynchobatus australiae), Shark ray (Rhina ancylostoma), and Smooth hammerhead (Sphyrna zygaena),
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 1 July 2024 and;
b) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 15th day of November 2023
Belinda Jago
………….…….…………………………………
Delegate of the Minister for the Environment and Water
Notes:
1. 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.
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, including a list of species for which non detriment findings have been issued and the fisheries from which they may be sourced, is available from https://www.dcceew.gov.au/environment/wildlife-trade/cites.
Schedule 1
Declaration of the harvest operations of the New South Wales Ocean Trap and Line Fishery as an approved wildlife trade operation, November 2023
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 New South Wales Ocean Trap and Line Fishery:
Condition 1:
Operation of the fishery must be carried out in accordance with the management arrangements specified in the Fisheries Management Act 1994 (NSW), Fisheries Management (General) Regulation 2019 (NSW), Fisheries Management (Supporting Plan) Regulation 2006, and the Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006.
Condition 2:
The New South Wales Department of Primary Industries must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to New South Wales Ocean Trap and Line Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
Condition 3:
The New South Wales Department of Primary Industries 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 New South Wales Department of Primary Industries must produce and present reports to the Department of Climate Change, Energy, the Environment and Water annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.
Condition 5:
The New South Wales Department of Primary Industries 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 (e.g. overfished and threatened species) can be readily and reliably determined, at a taxonomic level sufficient to monitor and manage risks at the species-level.
Condition 6:
The New South Wales Department of Primary Industries must:
a) provide the findings from the current observer-based program Line Fishing West Zone, to the Department of Climate Change, Energy, the Environment and Water, by July 2022.
b) following the observer-based program, review the effectiveness of management arrangements for shark fishing in the New South Wales Ocean Trap and Line Fishery, considering information collected in the scientific observer program and daily logbooks.
Condition 7:
By 1 July 2022, The New South Wales Department of Primary Industries must provide Department of Climate Change, Energy, the Environment and Water with a transition plan for the New South Wales Ocean Trap and Line Fishery. The transition plan must clearly document all existing data collection, assessment and performance monitoring, and management responses, for the recovery of depleted stocks impacted by the New South Wales Ocean Trap and Line Fishery.
The transition plan must clearly articulate the interrelationships between these functions, to demonstrate that management of the depleted stock(s) will remain sustainable and facilitate recovery.
The transition plan must also include timelines and milestones for the transition to and implementation of harvest strategies in the fishery.
Condition 8:
The New South Wales Department of Primary Industries must continue to require that all catch of CITES listed species is recorded to a species level 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.