Declaration of an Approved Wildlife Trade Operation – South Australian Lakes and Coorong Fishery, February 2018

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2018N00015 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 – SOUTH AUSTRALIAN LAKES AND COORONG FISHERY, FEBRUARY 2018

 

I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment and Energy, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the Department of Primary Industries and Regions South Australia, 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, other than specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the South Australian Lakes and Coorong Fishery, as defined in the Fisheries Management (Lakes and Coorong Fishery) Regulations 2009 (SA) and the Fisheries Management (General) Regulations 2017 (SA) in force under the Fisheries Management Act 2007 (SA), 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 1 March 2019 and;

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

 

 

Dated this  19th  day of  February 2018

 

 

 

………….…Paul Murphy……………………

Delegate of the Minister for the Environment and Energy

 

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 EPBC Act) 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 South Australian Lakes and Coorong Fishery – February 2018

 

ADDITIONAL PROVISIONS (section 303FT)

 

Relating to the harvesting of specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the SA Lakes and Coorong Fishery:

 

  1. Operation of the SA Lakes and Coorong Fishery will be carried out under the Management Plan for the South Australian Lakes and Coorong Fishery 2016, and in accordance with the Fisheries Management (Lakes and Coorong Fishery) Regulations 2009 (SA), Fisheries Management (General) Regulations 2017 (SA) and the Fisheries Management Act 2007 (SA).

 

2.      The Department of Primary Industries and Regions South Australia to inform the Department of any intended amendments to the management arrangements that may affect the criteria on which Environment Protection and Biodiversity Conservation Act 1999 decisions are based.

 

3.      The Department of Primary Industries and Regions South Australia to produce and present reports to the Department annually as per Appendix B to the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

 

4.      The Department of Primary Industries and Regions South Australia to continue to

a)      annually review management arrangements for Murray cod stocks in the SA Lakes and Coorong Fishery, and

b)     implement appropriate and timely protection and management measures until stock levels increase and can be sustainably fished.

 

5.      The Department of Primary Industries and Regions South Australia to:

a)      develop and implement, in consultation with key stakeholders, effective measures that will support the recovery of black bream stocks, and provide a copy of the agreed measures to the Department, and

b)     provide the Department with a progress report on black bream stock recovery as part of its application for reassessment of the SA Lakes and Coorong Fishery by November  2018.

 

6.      The Department of Primary Industries and Regions South Australia to:

a)      continue to monitor trends in catch levels for greenback flounder and develop management measures that minimise the impact from fishing, as required, at times when environmental conditions are known to also be impacting the species

b)     continue to monitor catches of juvenile and female yelloweye mullet and implement measures to ensure that this species does not become recruitment overfished

c)      monitor trends and implement measures to reduce discarding of all target species, particularly mulloway, and to implement appropriate management measures to ensure target species do not become recruitment overfished

d)     continue to monitor trends in stock levels of all target species and implement measures to mitigate risks identified in the June 2011 risk assessment for the SA Lakes and Coorong Fishery, and

e)      actively work with other state and national water and land management agencies to align freshwater inflows with the known spawning events for all target species.

 

7.      The Department of Primary Industries and Regions South Australia to

a)      continue to monitor protected species interactions in the SA Lakes and Coorong Fishery, and

b)     develop and implement measures to mitigate high levels, and any growing numbers, of interactions with protected species (for example New Zealand fur seals).

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, especially matters of national environmental significance, and to facilitate ecologically sustainable development. The Act addresses the problem of ensuring that activities do not have a significant impact on matters of national environmental significance, such as endangered species and ecosystems. This particular declaration, issued under section 303FN of the EPBC Act, pertains to the South Australian Lakes and Coorong Fishery and aims to facilitate its operation while ensuring compliance with ecological sustainability criteria. Enacted by the Parliament of Australia, the policy objective of the EPBC Act is to protect and manage national and regional biodiversity and ecological processes through the implementation of effective conservation measures. The declaration issued by the Delegate of the Minister for the Environment and Energy ensures that the fishery operations are conducted in a manner that does not significantly harm the environment, thus balancing economic activity with environmental protection.

Scope and Application

The declaration of an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 applies to the harvesting operations within the South Australian Lakes and Coorong Fishery, specifically targeting specimens derived from fish or invertebrates. This excludes species listed under Part 13 of the EPBC Act, except those in the conservation dependent category, and taxa listed under section 303CA of the EPBC Act (Australia’s CITES list). The declaration is valid until 1 March 2019 and is subject to conditions specified in the Schedule, which detail management and reporting requirements for the Department of Primary Industries and Regions South Australia. These conditions include adherence to the Management Plan for the South Australian Lakes and Coorong Fishery 2016, regular reporting on the ecological sustainability of the fishery, and measures to protect and manage Murray cod, black bream, greenback flounder, yelloweye mullet, and mulloway stocks, as well as interactions with protected species. The jurisdictional reach of this declaration is confined to the South Australian Lakes and Coorong Fishery, governed by the relevant South Australian fisheries legislation. The declaration can be reviewed by affected parties and the Administrative Appeals Tribunal, and information related to the decision can be accessed under the Freedom of Information Act 1982.

Key Provisions

The main operative sections of the legislation declare that the harvesting of specimens derived from fish or invertebrates in the South Australian Lakes and Coorong Fishery is an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), unless these specimens are of species listed under Part 13 of the EPBC Act (except conservation dependent species) or taxa listed under section 303CA of the EPBC Act (Australia’s CITES list). This declaration (section 303FN) is valid until 1 March 2019 and is subject to specific conditions outlined in the Schedule (section 303FT). The operations must adhere to the Management Plan for the South Australian Lakes and Coorong Fishery 2016, and comply with the Fisheries Management (Lakes and Coorong Fishery) Regulations 2009 (SA), Fisheries Management (General) Regulations 2017 (SA), and the Fisheries Management Act 2007 (SA). The obligations imposed on the parties governed by this legislation are extensive. The Department of Primary Industries and Regions South Australia must inform the Department of the Environment and Energy of any intended amendments to the management arrangements that may affect the criteria for EPBC Act decisions. Additionally, the Department is required to produce and present annual reports to the Department in accordance with Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. The Department must also implement measures to ensure the sustainable management of Murray cod, black bream, greenback flounder, yelloweye mullet, and mulloway stocks, and to minimise interactions with protected species such as New Zealand fur seals. These measures include annual reviews, the development of recovery plans, and the alignment of freshwater inflows with known spawning events. The legislation imposes several consequences for non-compliance with its provisions. While specific offences and penalties are not detailed in the text, non-compliance with the EPBC Act generally can lead to substantial civil and criminal penalties. Under the EPBC Act, breaches can result in fines of up to $1.1 million for corporations and $220,000 for individuals, as well as potential imprisonment terms. The consequences can be more severe if the breach is deemed to have caused significant harm to the environment or endangered species. Non-compliance may also result in the revocation of the approved wildlife trade operation status, which could have significant economic and operational impacts on the fishery.

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