Declaration of an Approved Wildlife Trade Operation – Victorian Scallop (Ocean) Fishery, November 2017

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2017N00094 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 – VICTORIAN SCALLOP (OCEAN) FISHERY, NOVEMBER 2017

 

I, VERONICA BLAZELY, 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 Victorian Department of Economic Development, Jobs, Transport and Resources, 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 Victorian Scallop (Ocean) Fishery, as defined in the management regime for the fishery made under the Fisheries Act 1995 (Vic) and the Fisheries Regulations 2009 (Vic), 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 27 November 2020; and

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

 

 

Dated this  28  day of  November  2017

 

 

 

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 Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Appeals Tribunal (AAT), on payment of the relevant fee (currently $884 or reduced fee where applicable due to financial hardship) 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, Sustainable Fisheries Section, Department of the Environment and Energy, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au.


SCHEDULE

 

Declaration of the Harvest Operations of the Victorian Scallop (Ocean) Fishery as an Approved Wildlife Trade Operation, November 2017

 

ADDITIONAL PROVISIONS (section 303FT)

 

Relating to the harvesting of fish specimens that are, or are derived from, fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Environment Protection and Biodiversity Conservation Act 1999 (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 Victorian Scallop (Ocean) Fishery:

 

  1.    Operation of the Victorian Scallop (Ocean) Fishery will be carried out in accordance with the Fisheries Act 1995 (Vic) and Fisheries Regulations 2009 (Vic).

 

2.      The Victorian Fisheries Authority to provide the Department with information on the fishery’s management arrangements including any intended material changes to management arrangements that may affect the assessment against which EPBC Act decisions are made.

 

3.      The Victorian Fisheries Authority to produce and present reports to the Department annually as per Appendix B of the ‘Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition’.

 

4.      In consultation with the Department of the Environment and Energy, the Victorian Fisheries Authority to develop and seek to implement a harvest strategy for the Victorian Scallop (Ocean) Fishery within the duration of this declaration as a wildlife trade operation. Evidence towards implementing this condition must be provided as part of the annual report to the Department, in accordance with Condition 3 of this approval.

 

5.      Increases to the baseline 135 t total allowable commercial catch (TACC) for the Victorian Scallop (Ocean) Fishery will be underpinned by the harvest strategy described in Condition 4. The Victorian Fisheries Authority to update the Department on any changes to the TACC and its rationale for doing so.

 

6.      The Victorian Fisheries Authority to continue to work with relevant jurisdictions to actively pursue consistent and/or complementary management arrangements for the commercial scallop stock off southeast Australia, and to provide the Department with a summary of the activities.

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to address the need for a comprehensive framework for the protection and management of the nation's environment, including its biodiversity and significant heritage. The Act establishes a robust system for assessing and mitigating the environmental impacts of proposed activities, including those involving wildlife trade operations. This includes the declaration of approved wildlife trade operations under section 303FN of the EPBC Act, aimed at ensuring that these operations do not harm listed species or threaten ecological communities. In November 2017, the Minister for the Environment and Energy's delegate declared the Victorian Scallop (Ocean) Fishery as an approved wildlife trade operation, subject to specific conditions to ensure ecological sustainability and compliance with the EPBC Act. This declaration acknowledges the importance of managing fisheries sustainably while allowing for economic activities that are not detrimental to the environment.

Scope and Application

The declaration of the operations for the harvesting of fish specimens in the Victorian Scallop (Ocean) Fishery as an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the management of the fishery conducted by the Victorian Fisheries Authority. This declaration is limited to fish and invertebrate specimens that are not listed under Part 13 of the EPBC Act, excluding species listed in the conservation dependent category, nor under section 303CA of the EPBC Act (Australia’s CITES list). The geographic reach of this declaration is confined to the waters of Victoria, as defined in the management regime established under the Fisheries Act 1995 (Vic) and the Fisheries Regulations 2009 (Vic). The declaration is valid until 27 November 2020, unless amended or revoked, and is subject to specific conditions outlined in the Schedule, which include requirements for management information, reporting, and the development and implementation of a harvest strategy for the fishery. The application of this declaration can be reviewed by affected persons and the Administrative Appeals Tribunal, and relevant documents can be accessed under the Freedom of Information Act 1982 (Cth).

Key Provisions

The main operative sections of the declaration, as provided in section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish the conditions under which the Victorian Scallop (Ocean) Fishery can be recognised as an approved wildlife trade operation. This recognition is contingent on compliance with specific conditions outlined in the Schedule, which include adherence to the Fisheries Act 1995 (Vic) and Fisheries Regulations 2009 (Vic), submission of annual reports by the Victorian Fisheries Authority, and the development and implementation of a harvest strategy. The declaration is valid until 27 November 2020, unless amended or revoked, and is subject to the conditions specified in the Schedule. The obligations imposed by this Act on the parties it governs, primarily the Victorian Fisheries Authority, include providing the Department of the Environment and Energy with information on management arrangements for the fishery, submitting annual reports detailing the fishery's status and management practices, and working towards the development and implementation of a harvest strategy for the fishery. Additionally, the Authority must ensure that any increases to the total allowable commercial catch are justified by the harvest strategy and communicate these changes to the Department. Cooperation with other jurisdictions to pursue consistent management arrangements for the commercial scallop stock off southeast Australia is also mandated, with a requirement to report these activities to the Department. The declaration also outlines potential offences, penalties, or consequences for breaches of the conditions outlined in the Schedule. Although specific penalties are not stated in the declaration, breaches of conditions that are part of an approved wildlife trade operation under the EPBC Act could result in civil or criminal penalties, including fines or imprisonment. The severity of penalties would depend on the nature and extent of the breach, as well as any relevant provisions of the Fisheries Act 1995 (Vic) and Fisheries Regulations 2009 (Vic). Furthermore, failure to comply with the reporting and management obligations could lead to the revocation of the approved wildlife trade operation status, which would necessitate a new application process and potentially additional scrutiny and conditions.

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