COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – QUEENSLAND GULF OF CARPENTARIA INSHORE FIN FISH FISHERY, MARCH 2019

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 Gulf of Carpentaria 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 (Sphyrna lewini) Smooth Hammerhead (S. zygaena) and Great Hammerhead (S. mokarran) sharks

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 18 March 2022 and;

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

Dated this 22nd day of March 2019

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 Gulf of Carpentaria Inshore Fin Fish Fishery as an approved wildlife trade operation, March 2019

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, taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery:

Condition 1:

Operation of the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery will be carried out in accordance with the management regime for the Gulf of Carpentaria Inshore Fin Fish Fishery in force under the Queensland Fisheries Act 1994 and Queensland Fisheries Regulation 2008.

Condition 2:

The Queensland Department of Agriculture and Fisheries to inform the Department of the Environment and Energy of any intended material changes to the 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 3:

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.

Condition 4:

By January 2020 the Queensland Department of Agriculture and Fisheries to implement foundational reforms (actions 1.1-1.4) identified in the Queensland Government’s Sustainable Fisheries Strategy 2017–2027 for the collection of accurate and reliable data, sufficient to monitor and assess the GoCIFFF’s impact on target and non-target species, including protected species, with a high degree of confidence.

Condition 5:

The Queensland Department of Agriculture and Fisheries progress the development and implementation of an independent data collection and validation program including:

1. Assess feasibility and complete proof of concept trials for electronic monitoring by December 2019.
2. Implement an independent data collection and validation program in GoCIFFF from January 2020 (this may include electronic monitoring or alternative interim solutions).

Condition 6:

The Queensland Department of Agriculture and Fisheries (QDAF) to:

1. Continue to support fishers to accurately identify and record sharks at the species level. This should include assessment and monitoring of reporting performance to identify and target any ongoing improvements
2. Ensure all commercial catch of shark species of conservation concern can be readily and reliably determined, at a taxonomic level sufficient to monitor and manage risks at the species level. This may require a prohibition on removal of fins, fillets or other morphological features that assist in identifying species prior to landing.
3. By February 2020, report results of the Queensland Government review of hammerhead stock status to the Department, in a form suitable for Australia’s Threatened Species Scientific Committee (TSSC) review of Conservation Dependent species.
4. Review and provide catch data for Scalloped Hammerhead (Sphyrna lewini), Great Hammerhead (S. mokarran) and Winghead Sharks (Eusphyra blochii) to the Department for TSSC consideration. The data should be in a form that facilitates a comparison of catch levels between the three species, and provide advice on the level of confidence in the various data collected by QDAF.
5. Report to the Department as per Condition 3, on the performance of management arrangements, including actions undertaken as part of these conditions, and which comprise the ‘plan of management’ for the purposes of subparagraph 179(6)(b)(ii) of the EPBC Act for Scalloped Hammerhead Sharks.

Condition 7:

The Queensland Department of Agriculture and Fisheries to:

1. Continue to improve understanding of stock status of all commercially and recreationally important species which are currently classified as ‘undefined’ in the area of the Gulf of Carpentaria Inshore Fin Fish Fishery.
2. Ensure catch composition is sufficiently monitored and understood to ensure that all stocks impacted by the fishery are sustainably managed, not overfished or subject to overfishing.

Condition 8:

The Queensland Department of Agriculture and Fisheries to:

1. Publish a level 1 ecological risk assessment (ERA) for the Gulf of Carpentaria Inshore Fin Fish Fishery by December 2019.
2. Develop risk mitigation strategies for high risk species identified in the Level 1 ERA by January 2021. Mitigation strategies to be implemented in parallel with the development of a harvest strategy for the fishery.
3. Develop and publish level 2 ERAs according to the Queensland Government ERA guidelines, and implement appropriate risk mitigations strategies.

All precautionary risk management strategies should be developed and implemented in consultation with relevant experts and stakeholders, and performance should be monitored and reported annually in accordance with Condition 3.

Condition 9:

The Queensland Department of Agriculture and Fisheries to implement a harvest strategy that monitors and manages impacts associated with the Gulf of Carpentaria Inshore Fin Fish Fishery on target, byproduct and bycatch (including protected species), by January 2021.

The harvest strategy must include decision rules and reference points that trigger management actions to ensure the fishery remains ecologically sustainable.

Performance against this strategy must be included in annual reports specified at Condition 3.

Condition 10:

By December 2019, the Queensland Department of Agriculture and Fisheries to ensure there are appropriate management arrangements in place to ensure Black Jewfish is not subject to overfishing.