COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – QUEENSLAND GULF OF CARPENTARIA DEVELOPMENTAL FIN FISH TRAWL FISHERY, SEPTEMBER 2024

I, KATRINA MAGUIRE, Division Head, International Environment, Reef and Ocean Division, 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 Queensland Department of Agriculture and Fisheries 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 Gulf of Carpentaria Developmental Fin Fish Trawl Fishery as defined in the management regime in force under the:

• Fisheries Act 1994 (Qld)
• Fisheries (General) Regulation 2019 (Qld)
• Fisheries (Commercial Fisheries) Regulation 2019 (Qld)

but not including:

1.     specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or
2.    specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or
3.     specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
4.    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:

1.               is valid until 18 September 2027, and
2.              is subject to the conditions applied under section 303FT specified in Schedule 1.

Dated this          18        day of   September                       2024

Katrina Maguire

Delegate of the Minister for the Environment and Water

Notes: 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.

Schedule 1

Declaration of the harvest operations of the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery as an approved wildlife trade operation, September 2024

Condition 1:

Operation of the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery must be carried out in accordance the Fisheries Act 1994 (Qld), Fisheries (Commercial Fisheries) Regulation 2019 (Qld) and the Fisheries (General) Regulation 2019 (Qld).

Condition 2:

The Queensland Department of Agriculture and Fisheries must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery management arrangements that may 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 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 Queensland Department of Agriculture and Fisheries must produce and present reports on the Queensland Gulf of Carpentaria Developmental Fin Fish Trawl Fishery to the Department of Climate Change, Energy, the Environment and Water by 30 September, annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. The first report is due by 30 September 2025.

Condition 5:

By 30 September each year, the Queensland Department of Agriculture and Fisheries must provide to the Department of Climate Change, Energy, the Environment and Water reports from the ongoing independent data collection for bycatch and interactions with protected species (onboard observers and electronic monitoring). The first report is due by 30 September 2025.

These reports must demonstrate the independence of independent data collection, monitoring and validation activities.

Condition 6:

1.        The Queensland Department of Agriculture and Fisheries must review the current Gulf of Carpentaria Developmental Fin Fish Trawl Fishery ecological risk assessment, the available data and the need to undertake additional assessment. The outcomes of this review must be included in the first annual report, due by 30 September 2025.
2.        If the review determines that further assessment is required, the Queensland Department of Agriculture and Fisheries must complete and publish an ecological risk assessment for the Gulf of Carpentaria Developmental Fin Fish Trawl Fishery by 15 March 2027.