COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
I, Greg Hunt, 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 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, other than specimens of species listed under Part 13 of the EPBC Act (other than species listed in the conservation dependent category), taken in the New South Wales Ocean Trap and Line Fishery, as defined in the New South Wales Fisheries Management (Ocean Trap and Line Share Management) Regulation 2006 in force under the New South Wales Fisheries Management Act 1994, 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 8 May 2017, and
b) is subject to the conditions applied under section 303FT specified in the Schedule.
Greg Hunt
Minister for the Environment
Dated this 6th day of May 2014
Notes:
- 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 http://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally-endangered-plants-and-animals-cites/how-export.
SCHEDULE
Declaration of the harvest operations of the New South Wales Ocean Trap and Line Fishery as an approved wildlife trade operation, May 2014
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 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (other than species listed in the conservation dependent category), taken in the New South Wales Ocean Trap and Line Fishery:
Condition 1:
Operation of the Ocean Trap and Line Fishery will be carried out in accordance with the management arrangements in force under the New South Wales Fisheries Management Act 1994.
Condition 2:
The New South Wales Department of Primary Industries to advise the Department of the Environment of any proposed substantive changes to the Ocean Trap and Line Fishery management arrangements that may affect the assessment of the fishery against the criteria on which Environment Protection and Biodiversity Conservation Act 1999 decisions are based.
Condition 3:
The New South Wales Department of Primary Industries to produce and present reports to the Department of the Environment annually as per Appendix B to the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.
Condition 4:
For each year in which shark fishing permits are issued, the New South Wales Department of Primary Industries to:
a) implement an annual total allowable catch of no greater than 110 t for ‘Schedule 1’ shark species, unless otherwise agreed in advance with the Department of the Environment
b) continue to implement a scientifically robust observer program for the shark fishing permit component of the Ocean Trap and Line Fishery, and
c) review the effectiveness of management arrangements for shark fishing in the 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 of the Environment.
Condition 5:
The New South Wales Department of Primary Industries to:
a) 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, and
c) pending the development of a reporting Memorandum of Understanding between the New South Wales Department of Primary Industries and the Department of the Environment, provide quarterly reports to the Department on interactions with grey nurse sharks recorded in logbooks. The reports will include the nature of any interactions, the location and gear method.
cont.
Condition 6:
Taking into consideration the Australian Government Listing Advice for Centrophorus harrissoni (Harrisson’s dogfish) and Listing Advice for Centrophorus zeehaani (southern dogfish) and any recommendations made by the Threatened Species Scientific Committee, the New South Wales Department of Primary Industries, in consultation with the Australian Fisheries Management Authority, to:
a) maintain long-term management measures that are clearly directed towards stopping the decline and supporting the recovery of Harrisson's dogfish and southern dogfish, and
b) continue, in consultation with relevant experts, to monitor and review the adequacy of management measures designed to stop the decline and support the recovery of Harrisson's dogfish and southern dogfish.
Condition 7:
The New South Wales Department of Primary Industries, to continue to develop and implement recovery programs for species taken in the Ocean Trap and Line Fishery classified as recruitment overfished, overfished and, where appropriate, growth overfished.