COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
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 Fisheries Queensland, 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 operation that is specified in column 1 of Table 1, 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, but only to the extent the operation relates to the class of specimens specified in column 2 of Table 1.
Table 1
Operation | Class of Specimens |
Queensland East Coast Otter Trawl Fishery as defined in the Fisheries (East Coast Trawl) Management Plan 2010 in force under the Queensland Fisheries Act 1994. | Specimens that are, or are derived from, fish or invertebrates, including the listed marine species Solegnathus dunckeri and Solegnathus hardwickii but excluding all other specimens of species listed under Part 13 of the EPBC Act. |
Unless amended or revoked, this declaration:
a) is valid until 25 November 2016 and;
b) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 26th day of November 2013
………………………P. Murphy………………………
Delegate of the Minister for the Environment
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 reason may be made in writing to the Department of 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, Sustainable Fisheries Section.
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 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 Queensland East Coast Otter Trawl Fishery as an approved wildlife trade operation, November 2013
ADDITIONAL PROVISIONS (section 303FT)
Relating to the harvesting of fish specimens that are, or are derived from, fish or invertebrates, including the listed marine species Solegnathus dunckeri and Solegnathus hardwickii but excluding all other specimens of species listed under Part 13 of the Environment Protection and Biodiversity Conservation Act 1999, taken in the Queensland East Coast Otter Trawl Fishery
- Operation of the fishery will be carried out in accordance with the Queensland Fisheries (East Coast Otter Trawl Fishery) Management Plan 2010 under the Queensland Fisheries Act 1994.
- Fisheries Queensland to inform the Department of the Environment of any intended material changes to the Queensland East Coast Otter Trawl Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
- Fisheries Queensland to produce and present reports to the Department of the Environment annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.
- Fisheries Queensland to:
- continue to monitor and report on effort levels within each sector of the East Coast Otter Trawl Fishery, given fishing effort is a key driver of ecological risk, and
- review total effort expended in the fishery, particularly effort in the Great Barrier Reef World Heritage Area, to ensure that it is ecologically sustainable.
- Until the outcomes of the Trawl Plan Review are known, Fisheries Queensland to:
- closely monitor effort in the fishery, and
- should total effort exceed total effort levels expended in 2009,
- review the relative changes in ecological risk attributable to the increased effort, and
- determine an appropriate management response to ensure identified increases in ecological risk do not result in unsustainable outcomes.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the nation's biodiversity, and the conservation of Australia's unique flora and fauna. It was introduced to address the need for a more cohesive and comprehensive approach to environmental protection and biodiversity conservation, ensuring that both federal and state jurisdictions are considered in the management and preservation of natural resources. The Act was enacted by the Commonwealth Parliament with the objective of promoting ecologically sustainable development through the protection of matters of national environmental significance. The declaration regarding the Queensland East Coast Otter Trawl Fishery, issued under the authority of the Minister for the Environment, identifies this specific fishery as an approved wildlife trade operation. This determination allows for the trade of certain fish and invertebrate specimens, while excluding those listed under Part 13 of the EPBC Act, and is contingent upon adherence to specified conditions designed to maintain ecological sustainability.
Scope and Application
The Declaration of an Approved Wildlife Trade Operation under the Environment Protection and Biodiversity Conservation Act 1999 pertains to the Queensland East Coast Otter Trawl Fishery, as defined in the Fisheries (East Coast Trawl) Management Plan 2010 under the Queensland Fisheries Act 1994. This declaration applies specifically to specimens that are, or are derived from, fish or invertebrates, including the listed marine species Solegnathus dunckeri and Solegnathus hardwickii, while excluding all other specimens of species listed under Part 13 of the EPBC Act. The declaration is made by Paul Murphy, the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, as a Delegate of the Minister for the Environment, following consideration of an application from Fisheries Queensland and public comments. The approved operation is valid until 25 November 2016 and is subject to specific conditions outlined in the Schedule, such as adherence to the Queensland Fisheries (East Coast Otter Trawl Fishery) Management Plan 2010 and the requirement for Fisheries Queensland to inform the Department of the Environment of any significant changes to the management arrangements. The operation must also comply with Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and provide annual reports to the Department of the Environment as per the Guidelines for the Ecologically Sustainable Management of Fisheries.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) in this declaration concern the approval of a wildlife trade operation. Section 303FN of the Act allows for the declaration of an approved wildlife trade operation based on ecological sustainability, while section 303FR requires consideration of public comments. The declaration specifies that the Queensland East Coast Otter Trawl Fishery is approved as a wildlife trade operation, but only in relation to the specimens defined in Table 1 of the Schedule. This means that only certain fish and invertebrate specimens, including Solegnathus dunckeri and Solegnathus hardwickii, are allowed, while specimens of species listed under Part 13 of the EPBC Act are excluded.
The obligations imposed on the parties governed by this Act include compliance with the conditions outlined in the Schedule. Fisheries Queensland must adhere to the Queensland Fisheries (East Coast Otter Trawl Fishery) Management Plan 2010 under the Queensland Fisheries Act 1994. They are required to inform the Department of the Environment of any significant changes to the fishery management arrangements. Additionally, Fisheries Queensland must submit annual reports to the Department of the Environment as specified in Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. The reports must detail the monitoring of fishing effort levels and ecological risk within the fishery, particularly in the Great Barrier Reef World Heritage Area.
The declaration includes specific provisions for Fisheries Queensland to closely monitor fishing effort and ecological risk, especially given the potential impact on the Great Barrier Reef. Should total fishing effort exceed 2009 levels, Fisheries Queensland must review the changes in ecological risk and implement an appropriate management response to mitigate any unsustainable outcomes. This declaration also acknowledges Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and specifies that certain species may only be exported under a CITES export permit if a non-detriment finding has been issued.
Regarding offences, penalties, or civil/criminal consequences for breach, the Act does not explicitly state maximum penalties in this declaration. However, the implications of non-compliance could include revocation of the approved wildlife trade operation status, legal action against Fisheries Queensland, and potential penalties under other relevant environmental legislation. The declaration also mentions the right of affected parties to seek a statement of reasons and independent review under the Administrative Appeals Tribunal Act 1975 within 28 days of the declaration date.