COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION

I, GEOFF RICHARDSON, Assistant Secretary, Marine Biodiversity and Biosecurity Branch, as Delegate of the Minister for Sustainability, Environment, Water, Population and Communities, having satisfied myself on the matters set out in section 303FN of the Environment Protection and Biodiversity Conservation Act 1999     (EPBC Act), declare the operation that is specified in column 1 of Table 1, to be an approved wildlife trade operation under subsection 303FN (2) of the EPBC Act, but only to the extent the operation relates to the class of specimens specified in column 2 of Table 1.

Table 1

Unless amended or revoked, this declaration:

a)                  is valid until 30 May 2014 and;

b)                  is subject to the conditions applied under section 303FT specified in Schedule 2.

Dated this 12th day of December 2012

………………………Geoff Richardson………………………

Delegate of the Minister for Sustainability, Environment, Water, Population and Communities

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 reason may be made in writing to Department of Sustainability, Environment, Water, Population and Communities 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.

SCHEDULE 1

SCHEDULE 2

Declaration of the Harvest Operations of the Northern Territory Aquarium Fishery as an approved wildlife trade operation, December 2012

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 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), taken in the Northern Territory Aquarium Fishery:

Condition 1: Operation of the fishery will be carried out in accordance with the management regime under the Northern Territory Fisheries Act 1988 and the Northern Territory Fisheries Regulations 1993.

Condition 2: The Northern Territory Department of Primary Industry and Fisheries to advise the Department of Sustainability, Environment, Water, Population and Communities of any intended material change to the Northern Territory Aquarium Fishery’s management arrangements that could affect the criteria on which Environment Protection and Biodiversity Conservation Act 1999 decisions are based.

Condition 3: The Northern Territory Department of Primary Industry and Fisheries to produce and present reports to the Department of Sustainability, Environment, Water, Population and Communities annually as per Appendix B of the ‘Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition’.

Condition 4: The Northern Territory Department of Primary Industry and Fisheries to consult with the Australian CITES[i] Scientific Authority for Marine Species prior to a change to the management arrangements for a CITES or Environment Protection and Biodiversity Conservation Act 1999 listed species being implemented.

Condition 5: By 1 March 2013, the Northern Territory Department of Primary Industry and Fisheries to implement a trigger reference point of 200 for giant fluted clams (Tridacna squamosa).

Condition 6: By 1 March 2013, the Northern Territory Department of Primary Industry and Fisheries to have implemented individual species specific trigger reference points for coral species of concern and live rock (listed in Tables 1 and 2 of the December 2012 Non-Detriment Finding for the Export of CITES-Listed Coral Species Harvested from the Northern Territory Aquarium Fishery):

a)      to limit their harvest to the previous two and a half-year average (that is,     2010 to May 2012), and

b)     should harvest increase or decrease by 30% from the previous three-year average.

To allow accurate application of trigger reference points, coral pieces of greater than 500g should be weighed individually.

Condition 7: By 1 March 2013, the Northern Territory Department of Primary Industry and Fisheries, in consultation with the Australian CITES Scientific Authority for Marine Species, to have implemented a precautionary, species-specific (or genus -specific where identification is not possible to species-level) trigger reference point not exceeding 40 kg per year for all other coral species harvested within the fishery that have not been identified as being of potential concern (that is, those species not listed in Table 1 or Table 2 of the December 2012 Non-Detriment Finding for the Export of CITES-Listed Coral Species Harvested from the Northern Territory Aquarium Fishery).

Condition 8: By 1 March 2013, the Northern Territory Department of Primary Industry and Fisheries to develop management responses for all trigger reference points which stipulate that harvest will cease until there is information/evidence illustrating that ongoing harvest would not be detrimental to the taxon, and, this information/evidence should be provided to the Australian CITES Scientific Authority for Marine Species before harvest may resume.

[i] Convention on International Trade in Endangered Species of Wild Fauna and Flora