Declaration of an Approved Wildlife Trade Operation Sea Cucumber Fishery (East Coast), September 2020

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2020N00108 Not in force Notifiable Instrument

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COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
 Sea Cucumber Fishery (East Coast), September 2020

 

I, Stephen oxley, First Assistant Secretary, Heritage, Reef and Wildlife Trade Division, 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 Sea Cucumber Fishery (East Coast) as defined in the management regime in force under the Queensland Fisheries Act 1994, Fisheries (General) Regulation 2019, Fisheries (Commercial Fisheries) Regulation 2019 and Fisheries Declaration 2019, but not including

(a)    specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or

(b)   specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or

(c)    specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or

(d)   specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List) except Black Teatfish (Holothuria whitmaei) and White Teatfish (Holothuria fuscogilva).

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 30 September 2021 and;

b)             is subject to the conditions applied under section 303FT specified in Schedule 1.

 

Dated this 25th day of September 2020

 

 

Stephen Oxley

………….…….…………………………………

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 Agriculture, Water and 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, Wildlife Trade Assessments Section, Department of Agriculture, Water and the Environment, Telephone: (02) 6274 1917 Email: sustainablefisheries@awe.gov.au..
  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 htttp://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally-endangered-plants-and-animals-cites/how-export.

SCHEDULE 1

ADDITIONAL PROVISIONS (section 303FT)

Relating to the harvesting of 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 Sea Cucumber Fishery (East Coast):

Condition 1

The Queensland Department of Agriculture and Fisheries must ensure the operation of the Queensland Sea Cucumber Fishery (East Coast) is carried out in accordance with the management arrangements specified in the Queensland Fisheries Act 1994, Fisheries (General) Regulation 2019, Fisheries (Commercial Fisheries) Regulation 2019 and the Fisheries Declaration 2019.

Condition 2

The Queensland Department of Agriculture and Fisheries must inform the Department of Agriculture, Water and the Environment of any intended material changes to the Queensland Sea Cucumber Fishery (East Coast) management arrangements, so the Department of Agriculture, Water and the Environment can determine if these changes 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 provide annual reports on the Queensland Sea Cucumber Fishery (East Coast) to the Department of Agriculture, Water and the Environment every 12 months, from the date of the approval of the wildlife trade operation. These reports must be consistent with Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

Condition 4

The Queensland Department of Agriculture must design a survey to estimate population biomass and density of Black Teatfish (Holothuria whitmaei) in waters within the area of Queensland Sea Cucumber Fishery (East Coast) south of 19 degrees south. The proposed transect locations will be detailed in the survey design.

This fishery-independent design approach must be peer-reviewed by 31 January 2021. The Zone 2 survey must be completed and results published by 31 July 2021.

Condition 5

By 30 April 2021, the Queensland Department of Agriculture and Fisheries must conduct a feasibility study for divers and/or remotely operated vehicles to conduct a fishery-independent survey of the White Teatfish (Holothuria fuscogilva) population in the area of Queensland Sea Cucumber Fishery (East Coast) that will:

  • be suitable to estimate population biomass and density for the species;
  • be peer reviewed;
  • provide information to evaluate the use of survey data in a stock assessment; and
  • if feasible, include a proposed date for completion and publication of survey results.

The results of the White Teatfish survey feasibility study must be made publicly available by 31 July 2021.

Condition 6

By 30 September 2021, the Queensland Department of Agriculture and Fisheries must complete and publish stock assessment(s) for the Black Teatfish (Holothuria whitmaei) and White Teatfish (H. fuscogilva) in the Queensland Sea Cucumber Fishery (East Coast). The stock assessment for Black Teatfish must be based on the results of the survey undertaken as part of Condition 4.

Condition 7

By 30 September 2021, the Queensland Department of Agriculture and Fisheries are to:

  1. maintain the Total Allowable Catch for White Teatfish (Holothuria fuscogilva) in the Queensland Sea Cucumber Fishery (East Coast) at no more than 53 tonnes;
  2. maintain the Total Allowable Catch for Black Teatfish (Holothuria whitmaei) in the Queensland Sea Cucumber Fishery (East Coast) at no more than 30 tonnes; and,
  3. provide a report to the CITES Scientific Authority of Australia, as part of the annual reporting referred to in Condition 3, on the amount of Black Teatfish and White Teatfish harvested in the Queensland Sea Cucumber Fishery (East Coast) by weight, the number of individuals and locations of harvest.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to support ecologically sustainable development. This Act addresses the need for comprehensive environmental protection by integrating biodiversity conservation with other environmental considerations, ensuring that significant impacts on the environment are assessed and managed appropriately. The EPBC Act is overseen by the Parliament of Australia, with the policy objective of preserving and enhancing Australia's natural environment and biodiversity, while also facilitating sustainable economic activities. In accordance with the Act, the Delegate of the Minister for the Environment has declared the operations for the harvesting of sea cucumber specimens in the Queensland Sea Cucumber Fishery (East Coast) as an approved wildlife trade operation, subject to specific conditions to ensure ecological sustainability and compliance with international obligations under CITES. This declaration aims to balance the economic interests of the fishery with the imperative to protect endangered and threatened species.

Scope and Application

The Notifiable Instrument F2020N00108 pertains to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and declares the operations for the harvesting of specimens derived from fish or invertebrates in the Queensland Sea Cucumber Fishery (East Coast) as an approved wildlife trade operation. This declaration applies to the Queensland Department of Agriculture and Fisheries and any other relevant entities involved in the specified operations, excluding specimens belonging to taxa listed under sections 209, 248, and 303CA of the EPBC Act, as well as specimens belonging to eligible listed threatened species under section 303BC of the Act. The declaration is valid until 30 September 2021 and is subject to specific conditions outlined in Schedule 1 of the declaration. These conditions include ensuring compliance with Queensland fisheries management arrangements, reporting requirements, and conducting surveys and stock assessments for certain species within the fishery. The declaration is made in accordance with the EPBC Act and is subject to independent review under the Administrative Appeals Tribunal Act 1975.

Key Provisions

The main operative sections of this notifiable instrument include the declaration of an approved wildlife trade operation for the Queensland Sea Cucumber Fishery (East Coast), as specified under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (1). The declaration specifies that operations for the harvesting of sea cucumbers are approved, excluding certain taxa listed under sections 209, 248, 303BC, and 303CA of the EPBC Act (2). The operation is subject to conditions outlined in Schedule 1, which address management, reporting, and surveys related to the fishery (3). The obligations imposed on the parties governed by this Act include ensuring that the operations are managed according to specified Queensland fisheries laws and regulations (4). The Queensland Department of Agriculture and Fisheries must notify the Department of Agriculture, Water and the Environment of any significant changes to the management arrangements (5). Annual reports must be submitted to the Department of Agriculture, Water and the Environment, detailing the fishery’s performance and compliance with the EPBC Act (6). Additionally, the Department is required to conduct and publish surveys and stock assessments for Black Teatfish and White Teatfish populations, as well as maintaining specified Total Allowable Catch limits for these species (7). Breaching any of the conditions specified in this declaration can lead to various consequences. The EPBC Act does not explicitly detail the penalties for non-compliance within this declaration; however, breaches of similar provisions under the Act can result in civil or criminal penalties, including fines and imprisonment. For instance, under section 475 of the EPBC Act, a person who contravenes a condition of approval can be subject to a penalty of up to five years imprisonment or fines up to $330,000 for individuals and $1.65 million for corporations (8). Furthermore, failure to comply with CITES regulations, as mentioned in the notes, could result in additional penalties under relevant international and domestic laws.

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