COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – TORRES STRAIT BÊCHE-DE-MER FISHERY, MAY 2024

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, public comments on the proposal as required under section 303FR 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 invertebrates taken in the Torres Strait Bêche-de-mer Fishery as defined in the management regime in force under the Torres Strait Fisheries Act 1984 (Cth), Torres Strait Fisheries Regulations 1985 (Cth), Torres Strait Fisheries (Bêche-de-mer) Management Instrument 2022, Torres Strait Bêche-de-mer Fishery Harvest Strategy, 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 black teatfish (Holothuria whitmaei), white teatfish (H. fuscogilva), prickly redfish (Thelenota ananas) and amberfish (T. anax),

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 30 November 2026, and;

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

Dated this 20th day of May 2024

BELINDA JAGO

………….…….…………………………………

 Delegate of the Minister for the Environment and Water

Notes:                                                                                                                                                                          

1. 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.
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.

Declaration of the harvest operations of the Torres Strait Bêche-de-mer Fishery as an approved wildlife trade operation, May 2024

SCHEDULE 1: ADDITIONAL PROVISIONS (section 303FT)

Relating to the harvesting of specimens that are, or are derived from, invertebrates, other than specimens of species listed under Part 13 and Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Cth), taken in the Torres Strait Bêche-de-mer Fishery:

Condition 1

Operation of the Torres Strait Bêche-de-mer Fishery must be carried out in accordance with the management regime in force under the Torres Strait Fisheries Act 1984 (Cth), Torres Strait Fisheries Regulations 1985 (Cth), Torres Strait Fisheries (Bêche-de-mer) Management Instrument 2022 and Torres Strait Bêche-de-mer Fishery Harvest Strategy.

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 Torres Strait Bêche-de-mer Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 (Cth) 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 Torres Strait Bêche-de-mer Fishery to the Department of Climate Change, Energy, the Environment and Water by November annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

Condition 5

As part of the annual reporting requirement referred to in Condition 4, the Australian Fisheries Management Authority must report the following to the Department of Climate Change, Energy, the Environment and Water:

a)      the harvested weight and, where available, the number of individuals, their lengths and locations of harvest for all CITES listed species harvested in the Torres Strait Bêche-de-mer Fishery; and

b)      any assessments, management changes, or findings relevant to the management of CITES-listed species in the Torres Strait Bêche-de-mer Fishery.

Condition 6

The Australian Fisheries Management Authority must:

a)      by November 2024, provide the Department of Climate Change, Energy, the Environment and Water with a proposed timeline for the undertaking and completion of a multi-species stock survey of sea cucumbers in the Torres Strait; and

b)      by May 2026, have commenced the delivery of a multi-species stock survey of sea cucumbers in the Torres Strait.

Condition 7

The Australian Fisheries Management Authority must not increase the existing annual 15-tonne total allowable commercial catch limit (TACC) for prickly redfish (Thelenota ananas) in the Commonwealth Torres Strait Bêche-de-mer Fishery until evidence, including population modelling, suggests an increased TACC is sustainable.

Condition 8

By 25 May 2025 the Australian Fisheries Management Authority must implement an annual 10-tonne total allowable commercial catch limit (TACC) for amberfish (Thelenota anax) in the Commonwealth Torres Strait Bêche-de-mer Fishery. The Australian Fisheries Management Authority must not increase the TACC unless evidence, including population modelling, suggests an increased TACC is sustainable.

Condition 9

By 25 May 2025 the Australian Fisheries Management Authority must establish accurate ratios for converting between all processed and unprocessed forms of prickly redfish (Thelenota ananas) and amberfish (T. anax) used in the Torres Strait Bêche-de-mer Fishery.

Condition 10

Environmental risks to the sustainability of the Torres Strait Bêche-de-mer fishery’s management arrangements must be reviewed. This may be undertaken in conjunction with the next scheduled review of the ecological risk assessment for this fishery. Advice on outcomes of this assessment must be provided to Department of Climate Change, Energy, the Environment and Water following completion of the review.

Condition 11

By 25 May 2025 the Australian Fisheries Management Authority must commence interagency discussions with the Queensland Department of Agriculture and Fisheries to support coordination of monitoring and management of straddling or otherwise linked stocks in the Torres Strait Bêche-de-mer Fishery, Commonwealth Coral Sea Fishery, and the Queensland Sea Cucumber Fishery (East Coast). This may include review and further development of harvest strategy frameworks and fishery reference points; temporal and spatial closures; size limits; rotational zone size, timing and move-on provisions; research into life history parameters; Management Strategy Evaluation; and conversion ratios; among all three fisheries to reduce risk to species in the region.

Condition 12

By 25 May 2026 the Australian Fisheries Management Authority must implement an enforceable 50cm minimum size limit for prickly redfish (Thelenota ananas) and amberfish (Thelenota anax) unless scientific evidence can be provided to substantiate a deviation from this limit.

Condition 13

By 25 May 2025 the Australian Fisheries Management Authority must provide evidence to demonstrate there are biologically appropriate, precautionary, and enforceable biomass limits in harvest strategies for prickly redfish (Thelenota ananas) and amberfish (Thelenota anax) in the Torres Strait Bêche-de-mer Fishery.

Condition 14

By 25 May 2026 the Australian Fisheries Management Authority must review existing spatial management arrangements to ensure these arrangements are sufficient to manage the risk of localised depletion of sea cucumbers in the Torres Strait Bêche-de-mer Fishery.

Condition 15

By 25 May 2025 the Australian Fisheries Management Authority must ensure prickly redfish (Thelenota ananas) is managed as a ‘Middle Tier’ species or above under the harvest strategy for the Torres Strait Bêche-de-mer Fishery.