Commonwealth Coat of Arms of Australia

COMMONWEALTH OF AUSTRALIA

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), except for silvertip shark (Carcharhinus albimarginatus), bignose shark (Carcharhinus altimus), graceful shark (Carcharhinus amblyrhynchoides), grey reef shark (Carcharhinus amblyrhynchos), pigeye shark (Carcharhinus amboinensis), spinner shark (Carcharhinus brevipinna), nervous Shark (Carcharhinus cautus), Australian blackspot shark (Carcharhinus coatesi), creek whaler (Carcharhinus fitzroyensis), bull shark (Carcharhinus leucas), common blacktip shark (Carcharhinus limbatus), hardnose shark (Carcharhinus macloti), blacktip reef shark (Carcharhinus melanopterus), dusky shark (Carcharhinus obscurus), sandbar shark (Carcharhinus plumbeus), spot-tail shark (Carcharhinus sorrah), Australian blacktip shark (Carcharhinus tilstoni), sicklefin lemon shark/sharptooth lemon shark (Negaprion acutidens), milk shark (Rhizoprionodon acutus), Australian sharpnose shark (Rhizoprionodon taylori), whitetip reef shark (Triaenodon obesus), giant shovelnose ray (Glaucostegus typus), whitespotted guitarfish/bottlenose wedgefish (Rhynchobatus australiae), eyebrow wedgefish (Rhynchobatus palpebratus) and shark ray (Rhina ancylostoma),

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 23 April 2027, and

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

Dated this 18th day of April 2024

BELINDA JAGO

 

………………….……..

Delegate of the Minister for the Environment and Water

Notes:

  1. 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.
  2. Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Australia’s CITES list under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia’s CITES Scientific Authority has issued a non-detriment finding for that species. Further information, including a list of species for which non detriment findings have been issued and the fisheries from which they may be sourced, is available from https://www.dcceew.gov.au/environment/wildlife-trade/cites.

Schedule 1

Declaration of the harvest operations of the Queensland Aquarium Fish Fishery as an approved wildlife trade operation, April 2024

Condition 1
The operation of the Queensland Aquarium Fish Fishery must be carried out in accordance the Queensland Fisheries Act 1994, Fisheries (General) Regulation 2019, Fisheries (Commercial Fisheries) Regulation 2019, Fisheries Declaration 2019.

Condition 2
The Queensland Department of Agriculture and Fisheries must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the Queensland Aquarium Fish Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

Condition 3
The Queensland Department of Agriculture and Fisheries 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 Queensland Department of Agriculture and Fisheries must provide annual reports on the Queensland Aquarium Fish Fishery to the Department of Climate Change, Energy, the Environment and Water by 30 September annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition (2007).

Condition 5
The Queensland Department of Agriculture and Fisheries must:

a)      By 31 October 2024, finalise and publish the level 2 species-specific assessment for the Queensland Aquarium Fish Fishery. The assessment should be undertaken in accordance with the Fisheries Queensland Ecological Risk Assessment Guideline, consider all available information, including information on the spatial distributions of key species, and address species-specific risks for all species in a precautionary way.

b)      By 30 May 2026, implement all risk mitigation recommendations identified in the level 2 assessment.

Updates on implementation of these recommendations must be included in annual reports to the Department of Climate Change, Energy, the Environment and Water in accordance with condition 4.

Condition 6
By 30 May 2026, the Queensland Department of Agriculture and Fisheries must review and if necessary, update the Queensland Aquarium Fish Fishery harvest strategy to ensure it:

a)      considers the outcomes from the Level 2 Environmental Risk Assessment

b)      manages risks to individual species and ecosystem functions, including risks associated with environmental disturbance and localised depletion.

A copy of the revised harvest strategy must be published and sent to the Department of Climate Change, Energy, the Environment and Water by 30 May 2026.

Condition 7
By 30 September 2024, the Queensland Department of Agriculture and Fisheries must facilitate reporting of all species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) caught (retained or discarded) in the Queensland Aquarium Fish Fishery to a species-level.

The Queensland Department of Agriculture and Fisheries must include details of any retained or discarded catches of CITES-listed species to the Department of Climate Change, Energy, the Environment and Water annually as part of Condition 4.

Condition 8
If, during the term of this Wildlife Trade Operation approval, the Great Barrier Reef experiences conditions that are likely to cause severe heat stress and coral bleaching, indicated by six consecutive Degree Heating Weeks, the Queensland Department of Agriculture and Fisheries must meet with the Department of Climate Change, Energy the Environment and Water and Great Barrier Reef Marine Park Authority to discuss appropriate management responses. This meeting should be pre-emptive to: