COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
I, GEOFF RICHARDSON, Assistant Secretary, Marine Biodiversity & 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
Operation | Class of Specimens |
Western Australian Marine Aquarium Fish Managed Fishery, as defined in the Western Australian Fish Resources Management Act 1994 and the Western Australian Fish Resources Management Regulations 1995, and in accordance with permits issued under the Western Australian Fish Resources Management Act 1994
| Specimens that are, or are derived from, fish or invertebrates, other than: a) specimens that belong to species listed under Part 13 of the EPBC Act, and b) specimens that belong to taxa listed under section 303CA of the EPBC Act (Part 13A), except for specimens that belong to taxa listed in Schedule 2. |
This declaration:
a) is valid until 31 December 2013; and
b) is subject to the conditions under section 303FT of the EPBC Act specified in the Schedule 1.
Dated this 21st 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 the 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
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 Western Australian Marine Aquarium Fish Managed Fishery subject to the following conditions:
- Operation of the fishery will be carried out in accordance with the management regime under the Western Australian Fish Resources Management Act 1994 and the Western Australian Fish Resources Management Regulations 1995.
2. The Western Australian Department of Fisheries to advise the Department of Sustainability, Environment, Water, Population and Communities of any intended material change to the fishery’s legislated management regime and management arrangements that could affect the criteria on which Environment Protection and Biodiversity Conservation Act 1999 decisions are based.
3. The Western Australian Department of 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.
4. In consultation with the Australian CITES Scientific Authority for Marine Species (Department of Sustainability, Environment, Water, Population and Communities), the Western Australian Department of Fisheries to review the management arrangements for all species listed on Appendix II of CITES, which are permitted to be retained in the Western Australian Marine Aquarium Fish Managed Fishery. The review should include, but not be limited to, the need for spatial effort indicators and a review of the process for setting performance measures and trigger reference points for each species with reference to CITES requirements.
5. The Western Australian Department of Fisheries to consult with the Department of Sustainability, Environment, Water, Population and Communities prior to a change to the management arrangements for a CITES or Environment Protection and Biodiversity Conservation Act 1999 listed species being implemented.
6. The Western Australian Department of Fisheries to:
a) immediately inform the Department of Sustainability, Environment, Water, Population and Communities of any breaches of the voluntary agreement with licensees of the Western Australian Western Australian Marine Aquarium Fish Managed Fishery and consider the need to prohibit further harvest of affected species, and
b) to provide the department with quarterly updates on the progress on managing CITES limits and the development of the new consolidated legislative framework.