Declaration of an Approved Wildlife Trade Operation – Queensland Commercial Trawl (Fin Fish) Fishery

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2020N00094 Not in force Notifiable Instrument

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COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – QUEENSLAND COMMERCIAL TRAWL (FIN FISH) FISHERY

I, Stephen oxley, First Assistant Secretary, Heritage, Reef and Wildlife Trade Division, 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, 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 Queensland Commercial Trawl (Fin Fish) Fishery as defined in the management regime in force under the Queensland Fisheries Act 1994, Fisheries (General) Regulation 2019, Fisheries (Commercial Fisheries) Regulation 2019, Fisheries Declaration 2019, and the Fisheries Quota Declaration 2019, 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 31 August 2023 and;

b)             is subject to the conditions applied under section 303FT specified in Schedule 1.

 

Dated this 19th day of August 2020

 

 

Stephen Oxley

Delegate of the Minister for the Environment

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 Agriculture, Water and the Environment 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, Wildlife Trade Assessments Section, Department of Agriculture, Water and the Environment, Telephone: 0449 947 394 Email: sustainablefisheries@awe.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 htttp://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally-endangered-plants-and-animals-cites/how-export.

Schedule 1

Part 13A conditions to the Queensland Department of Agriculture and Fisheries on the approved wildlife trade operation declaration for the Queensland Commercial Trawl (Fin Fish) Fishery - August 2020

Condition 1

The Queensland Department of Agriculture and Fisheries must ensure the operation of the Queensland Commercial Trawl (Fin Fish) Fishery is carried out in accordance with the management arrangements specified in the Queensland Fisheries Act 1994, Fisheries (General) Regulation 2019, Fisheries (Commercial Fisheries) Regulation 2019, Fisheries Declaration 2019, and the Fisheries Quota Declaration 2019.

Condition 2

Queensland Department of Agriculture and Fisheries must inform the Department of Agriculture, Water and the Environment of any intended material changes to the Queensland Commercial Trawl (Fin Fish) Fishery management arrangements, so the Department of Agriculture, Water and the Environment can determine if these changes affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

Condition 3

The Queensland Department of Agriculture and Fisheries must provide annual reports on the Commercial Trawl (Fin Fish) Fishery to the Department of Agriculture, Water and the Environment every 12 months, from the date of the approval of the wildlife trade operation. These reports must be consistent with Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition (2007).

Condition 4

By 30 March 2021 the Queensland Department of Agriculture and Fisheries must provide the Department of Agriculture, Water and the Environment with a Data Collection and Validation plan. The Plan must include milestones with clear deadlines for implementing an ongoing independent data collection and validation program in the Commercial Trawl (Fin Fish) Fishery as required in Condition 5.

Condition 5

By 31 December 2021 the Queensland Department of Agriculture and Fisheries must commence ongoing independent data collection and validation in the Commercial Trawl (Fin Fish) Fishery. The program must:

a)      validate, with a high degree of confidence, target and non-target catch, effort and protected species interaction data collected by fishers.

b)      ensure there is enough fishery dependent and fishery-independent data sources to ensure all stocks impacted by the fishery remain sustainable.

Performance of the program, including comparative analysis of fishery dependent and independent data sources must be included in annual reports provided to the Department of Agriculture, Water and the Environment (refer Condition 3).

Condition 6

The Queensland Department of Agriculture and Fisheries must complete and publish stock assessment(s) for the Commercial Trawl (Fin Fish) Fishery according to the Queensland Department of Agriculture and Fisheries published schedule of stock assessments.

The Queensland Department of Agriculture and Fisheries must publish the schedule of stock assessments by 1 December 2020.

If this schedule changes the Queensland Department of Agriculture and Fisheries must notify the Department of Agriculture, Water and the Environment of the changes and the justification for those changes.

Stock assessments must consider all sources of mortality on the stocks and uncertainty must be managed in a precautionary way.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the problem of environmental degradation and biodiversity loss resulting from various human activities, including wildlife trade. The Act provides a framework for the protection and conservation of Australia's environment and biodiversity, including the regulation of activities that may impact threatened species and ecological communities. The declaration of an approved wildlife trade operation, such as the Queensland Commercial Trawl (Fin Fish) Fishery, aims to ensure that the trade in wildlife is conducted in a sustainable and responsible manner, in accordance with the provisions of the EPBC Act and its regulations. The declaration made under section 303FN of the EPBC Act by Stephen Oxley, Delegate of the Minister for the Environment, recognises the Queensland Commercial Trawl (Fin Fish) Fishery as an approved wildlife trade operation, subject to certain conditions outlined in Schedule 1. The policy objective of this declaration is to facilitate the sustainable management of the fishery while meeting Australia's obligations under international agreements, such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The declaration is valid until 31 August 2023 and is subject to conditions that govern the operation of the fishery, including the management of data collection and validation, stock assessments, and reporting requirements.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the approval of wildlife trade operations across Australia. This legislation ensures that activities involving the trade of wildlife and their derivatives are managed in an ecologically sustainable manner. Specifically, the Act mandates that certain operations, such as the Queensland Commercial Trawl (Fin Fish) Fishery, must meet stringent ecological sustainability criteria and be approved as an 'approved wildlife trade operation'. This declaration applies to the operations for the harvesting of specimens that are or are derived from fish or invertebrates taken within the Queensland Commercial Trawl (Fin Fish) Fishery, as defined by the relevant Queensland legislation. However, it excludes specimens belonging to taxa listed under various sections of the EPBC Act, such as Australia's List of Migratory Species, List of Marine Species, eligible listed threatened species, and Australia’s CITES List. This declaration is valid until 31 August 2023 and is subject to specific conditions outlined in Schedule 1, which include adherence to the Queensland fisheries management arrangements, timely reporting, and the implementation of an independent data collection and validation program. These conditions are intended to ensure the sustainable management of the fishery and compliance with the EPBC Act.

Key Provisions

This notifiable instrument pertains to the declaration of an approved wildlife trade operation for the Queensland Commercial Trawl (Fin Fish) Fishery under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The declaration, made by Stephen Oxley, First Assistant Secretary, Heritage, Reef and Wildlife Trade Division, as Delegate of the Minister for the Environment, specifies that certain operations for harvesting fish or invertebrate specimens are approved as long as they exclude those belonging to listed taxa (sections 209, 248, 303BC, and 303CA of the EPBC Act). This declaration is effective until 31 August 2023 and is subject to conditions outlined in Schedule 1 (section 303FT). The obligations under this Act require the Queensland Department of Agriculture and Fisheries to operate the fishery in accordance with specified management arrangements, including those detailed in the Queensland Fisheries Act 1994, various regulations, and declarations (Condition 1). They must also notify the Department of Agriculture, Water and the Environment of any significant changes to the management arrangements (Condition 2). Annual reports on the fishery must be submitted to the Department of Agriculture, Water and the Environment (Condition 3). Furthermore, a Data Collection and Validation plan must be provided by 30 March 2021, outlining milestones for implementing an ongoing independent data collection and validation program by 31 December 2021 (Conditions 4 and 5). This program should validate catch, effort, and protected species interaction data and ensure sustainability of impacted stocks. Stock assessments must be completed and published according to a scheduled timeline, with any changes to this schedule communicated to the Department of Agriculture, Water and the Environment (Condition 6). Failure to comply with the obligations and conditions set out in this declaration may lead to various consequences. While specific penalties are not detailed in the text, breaches of the EPBC Act can result in civil and criminal penalties, including fines and imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any applicable provisions in the EPBC Act or related legislation. Additionally, individuals or entities adversely affected by this declaration may seek a statement of reasons and apply for independent review under the Administrative Appeals Tribunal Act 1975.

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Fisheries Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.