COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – TORRES STRAIT BÊCHE-DE-MER FISHERY, NOVEMBER 2023
I, BELINDA JAGO, Branch Head, Ocean and Wildlife Branch, 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 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, 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),
- Torres Strait Fisheries Regulations 1985 (Cth),
- Torres Strait Fisheries (Bêche-de-mer) Management Instrument 2022,
- Torres Strait Bêche-de-mer Fishery Harvest Strategy,
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 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.
This declaration commences on 30 November 2023. Unless amended or revoked, this declaration:
a) is valid until 30 November 2026, and
b) is subject to the conditions applied under section 303FT specified in Schedule 1.
Dated this 28th day of November 2023
Belinda Jago
………….………..…………………………………
Delegate of the Minister for the Environment and Water
Notes: 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.
Schedule 1
Declaration of the harvest operations of the Torres Strait Bêche-de-mer Fishery as an approved Wildlife Trade Operation, November 2023
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 (EPBC Act), taken in the Torres Strait Bêche-de-mer Fishery:
Condition 1
Operation of the Torres Strait Bêche-de-mer Fishery must be carried out in accordance with the management regime in force under the Torres Strait Fisheries Act 1984 (Cth), Torres Strait Fisheries Regulations 1985 (Cth), Torres Strait Fisheries (Bêche-de-mer) Management Instrument 2022 and Torres Strait Bêche-de-mer Fishery Harvest Strategy.
Condition 2
The Australian Fisheries Management Authority must inform the Department of Climate Change, Energy, the Environment and Water 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 (Cth) decisions are made.
Condition 3
The Australian Fisheries Management Authority 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 Australian Fisheries Management Authority must produce and present reports on the Torres Strait Bêche-de-mer Fishery to the Department of Climate Change, Energy, the Environment and Water by November annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.
Condition 5
As part of the annual reporting requirement referred to in Condition 4, the Australian Fisheries Management Authority must report the following to the Department of Climate Change, Energy, the Environment and Water:
a) the harvested weight and, where available, the number of individuals, their lengths and locations of harvest for all CITES listed species harvested in the Torres Strait Bêche-de-mer Fishery; and
b) any assessments, management changes, or findings relevant to the management of CITES-listed species in the Torres Strait Bêche-de-mer Fishery.
Condition 6
The Australian Fisheries Management Authority must:
a) by November 2024, provide the Department of Climate Change, Energy, the Environment and Water with a proposed timeline for the undertaking and completion of a multi-species stock survey of sea cucumbers in the Torres Strait; and
b) by May 2026, have commenced the delivery of a multi-species stock survey of sea cucumbers in the Torres Strait.