Declaration of Approved Wildlife Trade Operations – Queensland Blue Swimmer Crab Fishery and Queensland Mud Crab Fishery, May 2019

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2019N00046 Not in force Notifiable Instrument

Legislation content

COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF APPROVED WILDLIFE TRADE OPERATIONS – QUEENSLAND BLUE SWIMMER CRAB Fishery AND Queensland MUD CRAB Fishery, May 2019

 

I, JOHN GIBBS, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the applications from the Queensland Department of Agriculture and Fisheries, public comment on the proposals as required under section 303FR and advice on the ecological sustainability of the operations. 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 Queensland Blue Swimmer Crab Fishery and the Queensland Mud Crab Fishery, and in accordance with the management regimes in force under the Fisheries Act 1994 (Queensland) and Fisheries Regulations 2008 (Queensland), but not including:

  • specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
  • specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list).

to be approved wildlife trade operations, 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 May 2022 and;

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

 

 

Dated this 28th day of May 2019

 

 

 

 

………….…….John Gibbs……………………

Delegate of the Minister for the Environment

 

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 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, Wildlife Trade Assessments Section, Department of the Environment and Energy, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au.


SCHEDULE A

 

Declaration of the Harvest Operations of the Queensland Blue Swimmer Crab Fishery as an approved wildlife trade operation, May 2019

 

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 Queensland Blue Swimmer Crab Fishery:

 

  1. Operation of the Queensland Blue Swimmer Crab Fishery will be carried out in accordance with the management regime in force under the Fisheries Act 1994 (Queensland) and Fisheries Regulations 2008 (Queensland).

 

2.       The Queensland Department of Agriculture and Fisheries to inform the Department of the Environment and Energy of any intended material changes to the Queensland Blue Swimmer Crab Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

 

3.       The Queensland Department of Agriculture and Fisheries to produce and present reports to the Department of the Environment and Energy annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.

 

4.       The Queensland Department of Agriculture and Fisheries to develop and publish level 2 ecological risk assessments (ERAs) according to the Queensland Government ERA guidelines, and implement appropriate risk mitigation strategies by 2021.
All precautionary risk management strategies should be developed and implemented in consultation with relevant experts and stakeholders, and performance should be monitored and reported annually in accordance with Condition 3.

 

5.       The Queensland Department of Agriculture and Fisheries to implement a harvest strategy that monitors and manages impacts associated with the Blue Swimmer Crab Fishery on target, byproduct and bycatch (including protected species), by the end of 2019, for implementation in 2020.

The harvest strategy must include decision rules and reference points that trigger management actions to ensure the fishery remains ecologically sustainable. Performance against this strategy must be included in annual reports specified at Condition 3.

 

6.       By January 2020, the Queensland Department of Agriculture and Fisheries to implement foundational reforms (actions 1.1-1.4) identified in the Queensland Government’s Sustainable Fisheries Strategy 2017–2027 for the Blue Swimmer Crab Fishery, and collect sufficient accurate and reliable data to monitor and assess the fishery’s impact on target and non-target species, including protected species, with a high degree of confidence.

 

7.       The Queensland Department of Agriculture and Fisheries progress the development and implementation of an independent data collection and validation program including:

  1. Assess feasibility and complete proof of concept trials for electronic monitoring by December 2019.
  2. Implement an independent data collection and validation program in the Blue Swimmer Crab Fishery from January 2021 (this may include electronic monitoring or alternative interim solutions).


SCHEDULE B

 

Declaration of the Harvest Operations of the Queensland Mud Crab Fishery as an approved wildlife trade operation, May 2019

 

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 Queensland Mud Crab Fishery:

 

Condition 1

  1. Operation of the Queensland Mud Crab Fishery will be carried out in accordance with the management regime in force under the Fisheries Act 1994 (Queensland) and Fisheries Regulations 2008 (Queensland).

 

2.       The Queensland Department of Agriculture and Fisheries to inform the Department of the Environment and Energy of any intended material changes to the Queensland Mud Crab Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

 

3.       The Queensland Department of Agriculture and Fisheries to produce and present reports to the Department of the Environment and Energy annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.

 

4.       The Queensland Department of Agriculture and Fisheries to develop and publish level 2 ecological risk assessments (ERAs) according to the Queensland Government ERA guidelines, and implement appropriate risk mitigation strategies by 2021.
All precautionary risk management strategies should be developed and implemented in consultation with relevant experts and stakeholders, and performance should be monitored and reported annually in accordance with Condition 3.

 

5.       The Queensland Department of Agriculture and Fisheries to implement a harvest strategy that monitors and manages impacts associated with the Mud Crab Fishery on target, byproduct and bycatch (including protected species), by the end of 2019, for implementation in 2020.
The harvest strategy must include decision rules and reference points that trigger management actions to ensure the fishery remains ecologically sustainable. Performance against this strategy must be included in annual reports specified at Condition 3.

 

6.       By January 2020 the Queensland Department of Agriculture and Fisheries to implement foundational reforms (actions 1.1-1.4) identified in the Queensland Government’s Sustainable Fisheries Strategy 2017–2027 for the Mud Crab Fishery, and collect sufficient accurate and reliable data to monitor and assess the fishery’s impact on target and non-target species, including protected species, with a high degree of confidence.

 

7.       The Queensland Department of Agriculture and Fisheries progress the development and implementation of an independent data collection and validation program including:

  1. Assess feasibility and complete proof of concept trials for electronic monitoring by December 2019.
  2. Implement an independent data collection and validation program in the Mud Crab Fishery from January 2021 (this may include electronic monitoring or alternative interim solutions).

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a cohesive and comprehensive framework to protect and manage Australia's environment, including its biodiversity and ecological processes. The Act was introduced by the Commonwealth Parliament with a policy objective to provide for the protection of the environment, particularly in relation to matters of national environmental significance, and to facilitate ecologically sustainable development. In May 2019, the Minister for the Environment issued a declaration under the EPBC Act approving the wildlife trade operations of the Queensland Blue Swimmer Crab Fishery and the Queensland Mud Crab Fishery, subject to specific conditions aimed at ensuring the ecological sustainability of these fisheries. These conditions include adherence to existing management regimes, the submission of annual reports, development and implementation of ecological risk assessments, and the establishment of harvest strategies to monitor and manage the impact on target, byproduct, and bycatch species. The declaration also mandates the implementation of foundational reforms and the establishment of independent data collection and validation programs by the Queensland Department of Agriculture and Fisheries.

Scope and Application

This declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains to the approval of wildlife trade operations for the harvesting of specimens from the Queensland Blue Swimmer Crab Fishery and the Queensland Mud Crab Fishery, provided that the specimens do not belong to eligible listed threatened species or taxa listed under Australia’s CITES list. This declaration is applicable to the Queensland Department of Agriculture and Fisheries, which must operate these fisheries in accordance with the management regimes established under the Fisheries Act 1994 (Queensland) and Fisheries Regulations 2008 (Queensland). The declaration is valid until 27 May 2022 and is subject to specific conditions outlined in Schedules A and B, which include requirements for reporting, ecological risk assessments, risk mitigation strategies, harvest strategies, implementation of foundational reforms, and data collection programs. Additionally, the Queensland Department of Agriculture and Fisheries must inform the Department of the Environment and Energy of any material changes to the fishery management arrangements and consult with relevant experts and stakeholders in the development and implementation of precautionary risk management strategies. The declaration allows for amendments or revocations, which may extend or restrict the application through subordinate instruments.

Key Provisions

The main operative sections of this legislation declare the operations for the harvesting of specimens from the Queensland Blue Swimmer Crab Fishery and the Queensland Mud Crab Fishery as approved wildlife trade operations under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303FN allows for the declaration of these fisheries as approved wildlife trade operations, subject to certain conditions, and this declaration is set out in Schedules A and B. The declaration excludes specimens belonging to eligible listed threatened species or taxa listed under Australia's CITES list, as defined under sections 303BC and 303CA of the EPBC Act, respectively. The Act imposes several obligations and requirements on the parties governed by it. Firstly, the Queensland Department of Agriculture and Fisheries must operate these fisheries in accordance with the management regimes under the Fisheries Act 1994 (Queensland) and Fisheries Regulations 2008 (Queensland). Secondly, the Department must inform the Department of the Environment and Energy of any material changes to the management arrangements that may affect the ecological sustainability assessment. Thirdly, the Department must produce and present annual reports to the Department of the Environment and Energy as per the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition. Additionally, the Department is required to develop and publish level 2 ecological risk assessments and implement appropriate risk mitigation strategies by 2021. They must also implement harvest strategies by the end of 2019, for implementation in 2020, which include decision rules and reference points that trigger management actions to ensure the fisheries remain ecologically sustainable. Moreover, the Department must implement foundational reforms identified in the Queensland Government’s Sustainable Fisheries Strategy 2017–2027 and collect sufficient data to monitor and assess the fisheries' impact on target and non-target species, including protected species. Any breach of the obligations and requirements set out in the Act may result in civil or criminal consequences. While the specific penalties for non-compliance are not detailed in the provided text, breaches of the EPBC Act generally attract fines and potential imprisonment. The exact penalties depend on the nature and severity of the breach. Additionally, the Act allows for applications for independent review of the decision by the Administrative Appeals Tribunal (AAT) and provides avenues for those affected to seek reasons for the decision or access relevant documents under the Freedom of Information Act 1982 (Cth). Failure to adhere to the conditions specified in the schedules may also lead to the revocation of the declaration of approved wildlife trade operations, thereby impacting the legality and sustainability of the fishing activities.

Legal classification tags

Area of Law
Environmental Law
Instrument
Notifiable instrument
Concepts
Reporting & Disclosure Obligations
Compliance Obligations
Enforcement Powers
Catchwords
Ecological Risk Assessments
Harvest Strategy

Interactions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.