Declaration of an Approved Wildlife Trade Operation – Torres Strait Bêche-de-mer Fishery, December 2017

Declaration of an Approved Wildlife Trade Operation – Torres Strait Bêche-de-mer Fishery, December 2017

made under subsection 303FN(2) and paragraph 303FN(10)(d) of the
Environment Protection and Biodiversity Conservation Act 1999

Compilation No. 1 

Compilation date:   29 August 2020

Includes amendments up to: Declaration of a Wildlife Trade Operation -                                                                        Torres Strait Bêche-de-mer Fishery (Variation)                                                                       [F2020N00099]

About this compilation

This compilation

This is a compilation of the Declaration of an Approved Wildlife Trade Operation - Torres Strait Bêche-de-mer Fishery that shows the text of the law as amended and in force on 29 August 2020 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 – TORRES STRAIT BÊCHE-DE-MER FISHERY, DECEMBER 2017

I, ILSE KIESSLING, Acting 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 Australian Fisheries Management Authority 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 Torres Strait Bêche-de-mer Fishery as defined in the management regime in force under the Torres Strait Fisheries Act 1984 (Cth), the Torres Strait Fisheries Regulations 1985 (Cth), 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 December 2020 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 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

Declaration of the Harvest Operations of the Torres Strait Bêche-de-mer Fishery as an approved wildlife trade operation, August 2020

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 Torres Strait Bêche-de-mer Fishery:

1. Operation of the Torres Strait Bêche-de-mer Fishery will be carried out in accordance with the management regime in force under the Torres Strait Fisheries Act 1984.

2. The Torres Strait Protected Zone Joint Authority to inform the Department of Agriculture, Water and the Environment of any intended material changes to the Torres Strait Bêche-de-mer Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

3. The Torres Strait Protected Zone Joint Authority to produce and present reports to the Department of Agriculture, Water and the Environment annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.

4. The Torres Strait Protected Zone Joint Authority to implement a strategy to manage the risks of overfishing and localised depletion for all species harvested in the fishery. This may include data collection and analysis protocols to manage risks, triggers and/or limits for managing harvest, and should also account for all sources of stock mortality, including commercial, recreational, Traditional and illegal harvest.

5. The Torres Strait Protected Zone Joint Authority to complete an ecological risk assessment and implement an ecological risk mitigation strategy to ensure all environmental and ecological risks are appropriately managed.

6. The Torres Strait Protected Zone Joint Authority to continue to pursue the changes necessary to facilitate reporting of interactions with species listed in Part 13 of the Environment Protection and Biodiversity Act 1999.

7. The Torres Strait Protected Zone Joint Authority must limit the take of the following species listed under the Convention on the International Trade of Endangered Species (CITES), from the Torres Strait Beche-de-mer Fishery to no more than:

 a) 15 tonnes of White Teatfish (Holothuria fuscogilva), and 

 b) 0 tonnes of Black Teatfish (Holothuria whitmaei).

The Torres Strait Protected Zone Joint Authority must report the amount of White Teatfish harvested by weight and where available, include the number of individuals, their lengths and locations of harvest, to the CITES Scientific Authority of Australia, as part of the annual reporting referred to in Condition 3.

8. The Torres Strait Protected Zone Joint Authority to provide the Department of Agriculture, Water and the Environment with the preliminary results of the population survey for White Teatfish and Black Teatfish conducted in 2019 as soon as they become available, but no later than 18 September 2020, with the final survey results provided as soon as they become available in December 2020.

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