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

made under subsection 303FN(2) and paragraph 303FN(10)(d) of the

Environment Protection and Biodiversity Conservation Act 1999

Compilation No. 4 

Compilation date:   13 December 2018

Includes amendments up to: Declaration of an Approved Wildlife Trade Operation – Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, December 2018 [F2018N00182]

About this compilation

This compilation

This is a compilation of the Declaration of an Approved Wildlife Trade Operation – Queensland Gulf of Carpentaria Inshore Fin Fish Fishery that shows the text of the law as amended and in force on 13/12/2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

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, having satisfied myself on the matters set out in section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), declare the operation that is specified in column 1 of Table 1, to be an approved wildlife trade operation under subsection 303FN (2) 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

Unless amended or revoked, this declaration:

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, Sustainable Fisheries 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

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 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.”

Endnotes 

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history