COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – TORRES STRAIT FINFISH 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 Finfish 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 Finfish Fishery Management Plan 2013,
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),
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 1 November 2023. Unless amended or revoked, this declaration:
a) is valid until 1 November 2026, and
b) is subject to the conditions applied under section 303FT specified in Schedule 1.
Dated this 27th day of October 2023
………….………..…………………………………
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 Finfish 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 Finfish Fishery:
Condition 1
Operation of the Torres Strait Finfish Fishery must be carried out in accordance with Torres Strait Finfish Fishery Management Plan 2013 in force under the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985.
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 Finfish 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 Finfish Fishery to the Department of Climate Change, Energy, the Environment and Water by September annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.
Condition 5
A) By 30 June 2024, the Australian Fisheries Management Authority must implement mandatory bycatch reporting for the sunset sector of the Torres Strait Finfish Fishery. This must include the mandatory reporting of all non-retained species, undersized target or byproduct species, and any shark depredation incidents.
B) By 30 June 2026, the Australian Fisheries Management Authority must review reporting measures in the Torres Strait Finfish Fishery to ensure the accuracy of bycatch, discard and protected species interaction data. This review must incorporate evidence taken from independent data validation methods.
A final report detailing the review’s findings and any management responses must be provided to the Department of Climate Change, Energy, the Environment and Water by this date.
Condition 6
By 30 June 2026, the Australian Fisheries Management Authority must implement species-specific coral trout reporting in the Torres Strait Finfish Fishery and ensure this data is considered in any future stock assessments and the determination of total allowable catches in the fishery.