Declaration of an Approved Wildlife Trade Operation – Queensland East Coast Inshore Fin Fish Fishery, September 2018

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2018N00153 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 EAST COAST INSHORE FIN FISH FISHERY, SEPTEMBER 2018

 

I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, 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 East Coast Inshore Fin Fish Fishery as defined in the management regime in force under the Fisheries Act 1994 (Queensland) and Fisheries Regulation 2008 (Queensland), 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) except for scalloped hammerhead shark (Sphyrna lewini) smooth hammerhead (S. zygaena) and great hammerhead shark (S. 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 subject to the conditions applied under section 303FT specified in the Schedule.

 

 

Dated this  26th   day of  September  2018

 

 

 

Paul Murphy

………….…….…………………………………

Delegate of the Minister for the Environment

 

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 Queensland East Coast Inshore Fin Fish Fishery as an approved wildlife trade operation, September 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 Queensland East Coast Inshore Fin Fish Fishery.

 

  1. Unless otherwise amended or revoked, this declaration is valid until 14 December 2018, to allow for the Department’s assessment of the fishery, for a longer term wildlife trade operation approval period, to be finalised.

 

2.       Operation of the Queensland East Coast Inshore Fin Fish Fishery will be carried out in accordance with the management regime in force under the Queensland Fisheries Act 1994.

 

3.       The Queensland Department of Agriculture and Fisheries to inform the Department of the Environment and Energy of any intended material changes to the Queensland East Coast Inshore Fin Fish Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

 

4.       The Queensland Department of Agriculture and Fisheries 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.

 

5.       The Queensland Department of Agriculture and Fisheries to continue to develop a strategy for the harvest of key fish and shark species taken in the Queensland East Coast Inshore Fin Fish Fishery in consultation with relevant experts and stakeholders. The strategy should include decision rules and reference points that trigger management actions to ensure catch limits remain ecologically sustainable. Performance against this strategy to be included in annual reports specified at Condition 3.

 

6.       The Queensland Department of Agriculture and Fisheries to continue to develop an improved data collection and validation approach that supports the strategy outlined in Condition 4, and facilitates monitoring and management of all target, bycatch and protected species impacted by the fishery.

 

7.       The Queensland Department of Agriculture and Fisheries to:

  1. Continue to provide the necessary support for fishers to accurately identify and record sharks at the species level. This may involve further consultation with stakeholders and should include some assessment and monitoring of reporting performance to identify and target improvements where necessary.
  2. Continue to develop options to ensure shark catch can be readily and reliably be identified. This may include introducing a prohibition on the removal of fins and filleting sharks prior to landing.

8.       The Queensland Department of Agriculture and Fisheries to:

  1. Continue to improve understanding of stock status of recreationally and commercially important species which are currently classified as ‘undefined’. This should include biological monitoring for these species, and publication of this information, along with catch and effort data, in stock status reports.
  2. Continue to work to validate catch composition of shark species and to review hammerhead shark stock status and management arrangements.

9.       The Queensland Department of Agriculture and Fisheries to continue work to complete and publish an ecological risk assessment for the Queensland East Coast Inshore Fin Fish Fishery.

 

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to establish a framework for the sustainable management of biodiversity. This legislation addresses the gap in environmental protection by ensuring that biodiversity conservation is integrated into decision-making processes at various levels of government and in the private sector. The Act was enacted by the Parliament of Australia, aiming to protect and manage the environment effectively and sustainably. The policy objective of the EPBC Act is to balance economic development with environmental protection, ensuring that biodiversity is conserved and managed in an ecologically sustainable manner. The declaration of an approved wildlife trade operation for the Queensland East Coast Inshore Fin Fish Fishery under the EPBC Act reflects this objective by setting specific conditions for the sustainable management of fish and invertebrate harvesting, while excluding operations involving threatened species or those listed under Australia’s CITES regulations, except for certain hammerhead sharks.

Scope and Application

The declaration under the Environment Protection and Biodiversity Conservation Act 1999 designates the operations for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the Queensland East Coast Inshore Fin Fish Fishery, as an approved wildlife trade operation. This applies to the entities involved in the fishing activities within this fishery, excluding operations that involve specimens of eligible listed threatened species or taxa listed under Australia's CITES list, except for scalloped hammerhead shark, smooth hammerhead, and great hammerhead shark. The declaration, unless revoked or amended, is subject to specific conditions outlined in the Schedule, which include the requirement for the Queensland Department of Agriculture and Fisheries to inform the Department of the Environment and Energy of any significant changes to the management regime, produce annual reports, develop strategies for the sustainable harvest of key species, improve data collection and validation, and work towards completing an ecological risk assessment for the fishery. The declaration is effective until 14 December 2018, providing time for the Department’s assessment of the fishery to be finalised. This declaration is an instrument of national jurisdiction and applies across the Commonwealth of Australia, specifically focusing on the ecological sustainability of the operations within the specified fishery.

Key Provisions

The declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) designates the operations for the harvesting of specimens that are or are derived from fish or invertebrates taken in the Queensland East Coast Inshore Fin Fish Fishery as an approved wildlife trade operation (section 303FN). This approval is subject to the exclusion of specimens belonging to eligible listed threatened species or taxa listed under Australia’s CITES list, except for certain hammerhead sharks (subsection 303FN(10)(d)). The declaration also specifies that it is valid until 14 December 2018, to allow for further assessment by the Department of the Environment and Energy (Schedule). The declaration imposes several obligations on the Queensland Department of Agriculture and Fisheries. Firstly, they must operate the fishery in accordance with the management regime in force under the Queensland Fisheries Act 1994 (Schedule, Condition 2). They are also required to inform the Department of the Environment and Energy of any intended material changes to the fishery management arrangements (Schedule, Condition 3). Additionally, the Department must produce annual reports to the Department of the Environment and Energy, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition (Schedule, Condition 4). Other obligations include developing a strategy for the harvest of key fish and shark species, improving data collection and validation, providing support for fishers to accurately identify and record sharks, improving understanding of the stock status of ‘undefined’ species, and completing and publishing an ecological risk assessment (Schedule, Conditions 5 to 9). Breach of the conditions specified in the declaration could result in civil or criminal penalties. Although the specific penalties are not detailed in the text, under the EPBC Act, individuals or entities who contravene the Act can be subject to substantial fines and imprisonment. For example, section 507 of the EPBC Act provides for fines of up to $300,000 for individuals and $1.5 million for corporations, and imprisonment for up to five years for serious offences. Additionally, the Administrative Appeals Tribunal has the authority to review decisions made under the Act, and aggrieved parties can seek reasons for the decision or apply for an independent review. Furthermore, individuals may apply under the Freedom of Information Act 1982 to access documents relevant to the decision.

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