COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – COMMONWEALTH NORTHERN PRAWN FISHERY, DECEMBER 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 Commonwealth Northern Prawn Fishery as defined in the management regime in force under the:

• Fisheries Management Act 1991 (Cth),
• Fisheries Management Regulations 2019 (Cth),
• Northern Prawn Fishery Management Plan 1995 (Cth)

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 6 January 2024.

Unless amended or revoked, this declaration:

a)              is valid until 6 January 2027, and

b)             is subject to the conditions applied under section 303FT specified in Schedule 1.

Dated this 19th day of December 2023

Belinda Jago

………….………..…………………………………

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 Commonwealth Northern Prawn Fishery as an approved wildlife trade operation, January 2024

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 Commonwealth Northern Prawn Fishery:

Condition 1

Operation of the Commonwealth Northern Prawn Fishery must be carried out in accordance with the Northern Prawn Fishery Management Plan 1995 (NPF Management Plan) made under the Fisheries Management Act 1991 (Cth) and the Fisheries Management Regulations 2019 (Cth).

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 Commonwealth Northern Prawn Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 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 Commonwealth Northern Prawn Fishery to the Department of Climate Change, Energy, the Environment and Water by January annually (commencing January 2025), as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

Condition 5

By 30 June 2025, the Australian Fisheries Management Authority must undertake a review of the Northern Prawn Fishery Scientific Observer program to ensure its coverage is spatially and temporally distributed across the fishery in a manner that delivers representative independent data (particularly in areas where known data gaps exist or where ecological risks are higher).

Condition 6

By 15 December 2024, the Australian Fisheries Management Authority must complete a trial of electronic monitoring in the Commonwealth Northern Prawn Fishery. This should assess the potential practicalities, costs, and benefits of introducing electronic monitoring in the fishery, with a view to informing a final decision on whether to implement a long-term electronic monitoring program in the fishery.

Condition 7

By 30 June 2026, the Australian Fisheries Management Authority must draw on the information developed through the Northern Prawn Fishery Strategic Research Plan 2019-2023 and other supporting research to develop a sawfish bycatch mitigation strategy for the Commonwealth Northern Prawn Fishery. The strategy should consider the application of all relevant management measures and controls, including potential technological, behavioural, temporal, and spatial responses.

Condition 8

The Australian Fisheries Management Authority must ensure that where possible, all interactions with sawfish and sea snakes in the Northern Prawn Fishery are reported to the species level.