Declaration of an Approved Wildlife Trade Operation – Northern Territory Offshore Net and Line Fishery, November 2023

Declaration of an Approved Wildlife Trade Operation – Northern Territory Offshore Net and Line Fishery, November 2023

made under sections 303FN and 303FR of the

Environment Protection and Biodiversity Conservation Act 1999

Compilation No. 1

Compilation date: 16 March 2024

Includes amendments: F2024N00232

Registered: 13 April 2024

About this compilation

This compilation

This is a compilation of the Declaration of an Approved Wildlife Trade Operation – Northern Territory Offshore Net and Line Fishery, November 2023 that shows the text of the law as amended and in force on 16 March 2024 (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. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

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.

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. For more information on any modifications, see the Register for the compiled law.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 – NORTHERN TERRITORY OFFSHORE NET 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 Northern Territory Department of Industry, Tourism and Trade, 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 Northern Territory Offshore Net and Line Fishery as defined in the management regime in force under the:

 Fisheries Act 1988 (NT)

 Fisheries Regulations 1992 (NT),

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 Silvertip shark (Carcharhinus albimarginatus), Graceful shark (Carcharhinus amblyrhynchoides), Grey reef shark (Carcharhinus amblyrhynchos), Pigeye shark (Carcharhinus amboinensis), Spinner shark (Carcharhinus brevipinna), Nervous shark (Carcharhinus cautus), Creek whaler (Carcharhinus fitzroyensis), Bull shark (Carcharhinus leucas), Common blacktip shark (Carcharhinus limbatus), Blacktip reef shark (Carcharhinus melanopterus), Dusky shark (Carcharhinus obscurus), Sandbar shark (Carcharhinus plumbeus), Spot‑tail shark (Carcharhinus sorrah), Australian blacktip shark (Carcharhinus tilstoni), Winghead shark (Eusphyra blochii), Sicklefin lemon shark/Sharptooth lemon shark (Negaprion acutidens), Goldeneye shovelnose ray (Rhinobatos sainsburyi), Milk shark (Rhizoprionodon acutus), Grey sharpnose shark (Rhizoprionodon oligolinx), Australian sharpnose shark (Rhizoprionodon taylori), Whitetip reef shark (Triaenodon obesus), Giant shovelnose ray (Glaucostegus typus), Whitespotted guitarfish/bottlenose wedgefish (Rhynchobatus australieae), Eyebrow wedgefish (Rhynchobatus palpebratus), Shark ray (Rhina ancylostoma), Scalloped hammerhead (Sphyrna lewini), and Great hammerhead (Sphyrna mokarran),

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 28 March 2025 and;

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

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 Northern Territory Offshore Net 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 Northern Territory Offshore Net and Line Fishery:

Condition 1
Operation of the Northern Territory Offshore Net and Line Fishery must be carried out in accordance with the Offshore Net and Line Fishery Management Framework and Harvest Strategy 2018 in force under the Fisheries Act 1988 (NT) and the Fisheries Regulations 1992 (NT).

Condition 2
The Northern Territory Department of Industry, Tourism and Trade must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to Northern Territory Offshore Net 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 Northern Territory Department of Industry, Tourism and Trade 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 Northern Territory Department of Industry, Tourism and Trade must produce and present reports on the Northern Territory Offshore Net and Line Fishery, including progress against all Part 13A conditions, to the Department of Climate Change, Energy, the Environment and Water by 30 June annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

Condition 5

By 1 December 2022 the Northern Territory Department of Industry, Tourism and Trade must ensure that data collection and data validation systems are in place, sufficient to ensure that all necessary fishery data, including retained and discarded catch, and protected species interaction data is accurately reported and available for management of the Offshore Net and Line Fishery.

Condition 6
The Northern Territory Department of Industry, Tourism and Trade must:

Condition 7

By 28 September 2024, the Northern Territory Department of Industry, Tourism and Trade must provide an updated Ecological Risk Assessment to the Department of Climate Change, Energy, the Environment and Water that considers all species interacted with by the Offshore Net and Line Fishery.

Condition 8

By 1 July 2024, the Northern Territory Department of Industry, Tourism and Trade must require all catch of CITES listed species (including discards where possible) in the Northern Territory Offshore Net and Line Fishery, is recorded to a species level, except for Carcharhinus tilstoni and Carcharhinus limbatus which can be recorded as Blacktip sharks. These catches must be reported to the Department of Climate Change, Energy, the Environment and Water as part of the annual reporting requirement referred to in Condition 4.

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