Declaration of an approved Wildlife Trade Operation – South Australian Lakes and Coorong Fishery, November 2023

Declaration of an Approved Wildlife Trade Operation – South Australian Lakes and Coorong Fishery, November 2023

made under section 303FN of the

Environment Protection and Biodiversity Conservation Act 1999

Compilation No. 2

Compilation date: 13 December 2024

Includes amendments: F2024N01138

About this compilation

This compilation

This is a compilation of the Declaration of an Approved Wildlife Trade Operation – South Australian Lakes and Coorong Fishery, November 2023 that shows the text of the law as amended and in force on 13 December 2024 (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 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 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – SOUTH AUSTRALIAN LAKES AND COORONG FISHERY, NOVEMBER 2023

I, BELINDA JAGO, Branch Head, Ocean and Wildlife, as Delegate of the Minister for the Environment and Water, 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 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 South Australian Lakes and Coorong Fishery as defined in the management regime in force under the:

 Fisheries Management Act 2007 (SA)

 Fisheries Management (General) Regulations 2017 (SA)

 Fisheries Management (Lakes and Coorong Fishery) Regulations 2009 (SA)

 Management Plan for the South Australian Commercial Lakes and Coorong Fishery 2022

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 for Copper shark (Carcharhinus brachyurus),

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 13 March 2026 and;

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

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 Climate Change, Energy, the Environment and Water 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, Sustainable Fisheries Section, Department of Climate Change, Energy, the Environment and Water, Email: sustainablefisheries@dcceew.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 https://www.dcceew.gov.au/environment/wildlife‑trade/cites.

Schedule 1

Declaration of the harvest operations of the South Australian Lakes and Coorong Fishery as an approved wildlife trade operation, November 2023

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 South Australian Lakes and Coorong Fishery:

Condition 1

Operation of the South Australian Lakes and Coorong Fishery must be carried out in accordance with the Fisheries Management Act 2007 (SA), the Fisheries Management (General) Regulations 2017 (SA), the Fisheries Management (Lakes and Coorong Fishery) Regulations 2009 (SA) and the Management Plan for the South Australian Commercial Lakes and Coorong Fishery 2022.

Condition 2

The Department of Primary Industries and Regions, South Australia must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the South Australian Lakes and Coorong Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

Condition 3

The Department of Primary Industries and Regions, South Australia must inform the Department of Climate Change, Energy, the Environment and Water of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.

Condition 4

The Department of Primary Industries and Regions, South Australia must produce and present reports on the South Australian Lakes and Coorong Fishery, including progress against all Part 13A conditions, to the Department of Climate Change, Energy, the Environment and Water by 26 August annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

Condition 5

By 1 August 2024, the Department of Primary Industries and Regions, South Australia, in collaboration with the Lakes and Coorong Fishery Management Advisory Committee, must develop and implement a long‑term recovery strategy for black bream stocks in the South Australian Lakes and Coorong Fishery, to assist transitioning the stock from its current ‘depleted’ state to a longer term ‘sustainable’ level.

Condition 6

In collaboration with relevant stakeholders, the South Australian Department of Primary Industries and Regions must investigate potential adaptive management options for Greenback Flounder taken in the Lakes and Coorong Fishery including consideration of environmental impacts on Greenback Flounder stock, and report on its progress to the Department of Climate Change, Energy, the Environment and Water by 28 February 2025.

Condition 7

Within 12 months of the publication of the Fisheries Research and Development project (2018‑036) Seal fisher‑ecosystem interactions in the Lower Lakes and Coorong: understanding causes and impacts to develop longer‑term solutions (expected to conclude by early July 2023), the Department of Primary Industries and Regions, South Australia must implement, where appropriate, identified mitigation measures to reduce interactions with long‑nosed fur seals in the fishery. 

Condition 8

By 30 June 2025, the Department of Primary Industries and Regions, South Australia will have reviewed bycatch and discard reporting measures to ensure that the information collected sufficiently and reliably demonstrates the accuracy of all catch (including bycatch and discards), effort and protected species interaction data collected via logbooks.

The Department of Primary Industries and Regions, South Australia is to work with industry on investigating appropriate and cost‑effective methods of reporting bycatch and discards.

The Department of Primary Industries and Regions, South Australia will provide advice to the Department of Climate Change, Energy, the Environment and Water on the review and any measures applied.

Condition 9

By 28 February 2025, the Department of Primary Industries and Regions, South Australia must complete and publish an updated Ecological Risk Assessment for the Lakes and Coorong Fishery, which describes whole of fishery risks and species‑specific risks.

This should follow the protocols described in the National ESD Reporting Framework for Fisheries (2002).

Condition 10

By 30 June 2025, the Department of Primary Industries and Regions, South Australia must require that all catch of CITES listed species (including discards where possible) taken in the South Australian Lakes and Coorong Fishery is recorded to a species level and that these catches are reported to the Department of Climate Change, Energy, the Environment and Water as part of the annual reporting requirement referred to in Condition 4.

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history