Declaration of an Approved Wildlife Trade Operation – Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, December 2018

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

Legislation au F2018N00182 In force Notifiable Instrument

Legislation content

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – QUEENSLAND GULF OF CARPENTARIA INSHORE FIN FISH FisherY, DECEMBER 2018

 

I, Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, hereby vary under paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the declaration of an approved wildlife trade operation dated 1 September 2017, for the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery as defined in the management regime in force under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulations 2008, such that the condition specified in the Schedule to that declaration is varied as follows:

In Condition 1, delete the words

“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”

and replace with the words

“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 Gulf of Carpentaria Inshore Fin Fish Fishery:

Condition 1:
Unless otherwise amended or revoked, this declaration is valid until 29 March 2019, to allow for the Department’s assessment of the fishery, for a longer term wildlife trade operation approval period, to be finalised.

Condition 2:
Operation of the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery will be carried out in accordance with the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008.

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

Condition 4:
The Queensland Department of Agriculture and Fisheries to produce and present reports to the Department annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.

Condition 5:
Consistent with foundational reforms identified in the Queensland Government’s Sustainable Fisheries Strategy 2017–2027, the Queensland Department of Agriculture and Fisheries to continue to develop an improved data collection and validation approach that facilitates monitoring and management of all target, byproduct and bycatch (including protected species) impacted by the Gulf of Carpentaria Inshore Fin Fish Fishery.

Condition 6:
The Queensland Department of Agriculture and Fisheries to:

  1. Continue to support fishers to improve identification and accurate recording of shark catch to the species level.
  2. Commence development of methods to measure improvements in reporting performance.
  3. Continue to progress Sustainable Fisheries Strategy actions that will improve reporting of catch composition to species level and data validation for commercial shark catch, including for species of conservation concern.
  4. In consultation with fishery working groups and other stakeholders, consider measures to achieve species level shark identification such as a prohibition on removal of fins, fillets or other morphological features that assist in identifying species prior to landing.

Condition 7:
The Queensland Department of Agriculture and Fisheries to:

  1. Continue to progress Sustainable Fisheries Strategy actions such as improved monitoring and a program of stock assessments that will improve understanding of stock status of for all commercially and recreationally important species, including species currently classified as ‘undefined’ in the area of the Gulf of Carpentaria Inshore Fin Fish Fishery.
  2. Continue to progress Sustainable Fisheries Strategy actions that will improve monitoring, reporting of catch composition and data validation measures to reduce risks of overfishing in all stocks impacted by the fishery.

Condition 8:
The Queensland Department of Agriculture and Fisheries to progress development of a level 1 ecological risk assessment for the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, in accordance with the Queensland Government ecological risk assessment guidelines.”

 

 

 

Dated this 10th day of December 2018

 

 

 Paul Murphy  

 ………….…….……………………….........

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 the Environment and Energy 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.

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.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation was introduced to address the need for a comprehensive framework that integrates environmental protection with biodiversity conservation and sustainable development. The Act empowers the federal government to regulate activities that have, or might have, a significant impact on the environment, including matters of national environmental significance such as World Heritage properties, national parks, and listed threatened species and ecological communities. The EPBC Act is administered by the Parliament of Australia, and its policy objective is to ensure that development and other activities are balanced with environmental protection. The recent declaration of an approved wildlife trade operation for the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, as varied in December 2018, exemplifies the Act’s role in regulating wildlife trade to ensure compliance with environmental standards and international obligations under CITES.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the operation of the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery as specified under the declaration of an approved wildlife trade operation. This declaration pertains to the harvesting of fish specimens, other than those derived from species listed under Parts 13 and 13A of the EPBC Act, taken within the fishery. The geographic scope of this legislation is confined to the area of the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, and it operates under the jurisdictional reach of both the Commonwealth and the Queensland government, adhering to the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulations 2008. The declaration outlines specific conditions that must be met, such as adherence to fisheries management laws, the submission of annual reports by the Queensland Department of Agriculture and Fisheries, and the development of ecological risk assessments and improved data collection methods for better monitoring and management of the fishery. The declaration is subject to amendment or revocation, and those affected by the decision may seek a statement of reasons or independent review under the Administrative Appeals Tribunal Act 1975.

Key Provisions

The primary sections of this notifiable instrument vary the declaration of an approved wildlife trade operation for the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The main alteration involves extending the validity period of the declaration to 29 March 2019, to allow for a longer-term assessment of the fishery (Section 1). This extension ensures that the operation remains compliant with environmental standards while the Department of the Environment conducts a comprehensive review. The operation must adhere to the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulations 2008 (Section 2). Moreover, the Queensland Department of Agriculture and Fisheries must inform the Department of any significant changes to the management arrangements of the fishery (Section 3). They are also required to produce annual reports detailing the fishery's ecological impact, as per the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition (Section 4). The Act imposes several obligations on the parties involved. The Queensland Department of Agriculture and Fisheries must ensure the sustainable management of the fishery, including improving data collection and validation for all species impacted by the fishery (Sections 5 and 7). They must also support fishers in accurately identifying and reporting shark catches at the species level and work on developing methods to enhance reporting performance (Section 6). Additionally, the department is tasked with progressing actions outlined in the Queensland Government’s Sustainable Fisheries Strategy 2017–2027, such as improved monitoring and stock assessments, to better understand the status of all commercially and recreationally important species (Section 7). They are also required to develop a level 1 ecological risk assessment for the fishery, in line with Queensland Government guidelines (Section 8). Failure to comply with the conditions set out in the declaration may result in various consequences. While the document does not explicitly detail criminal or civil penalties, breaches of the EPBC Act can lead to enforcement actions. These may include fines, imprisonment, or other sanctions as prescribed by the Act. The maximum penalties for offences under the EPBC Act can be substantial, reflecting the importance of compliance with environmental protection laws. Additionally, the decision to vary the declaration can be reviewed by the Administrative Appeals Tribunal, providing an avenue for affected parties to seek a statement of reasons or an independent review of the decision within 28 days of the declaration.

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Environmental Law
Fisheries Law
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Notifiable instrument
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Reporting & Disclosure Obligations
Compliance Obligations
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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.