Sustainable Fisheries

I, ANDREW MCNEE, Assistant Secretary, Marine Environment Branch, as Delegate of the Minister for the Environment and Heritage, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) the application from PQ Aquatics, 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 harvest of Phycodurus eques (leafy seadragon) from South Australian waters, and Phyllopteryx taeniolatus (weedy seadragon), Hippocampus breviceps (short headed seahorse) and Hippocampus abdominalis (pot bellied seahorse) from Victorian waters, by PQ Aquatics in accordance with relevant State permits, to be an approved wildlife trade operation in accordance with section 303FN (2) and (10)(d), for the purposes of the EPBC Act.

Unless amended or revoked, this declaration:

1. is valid from 31 December 2006 until 31 December 2009 and;
2. is subject to the conditions applied under section 303FT specified in the Schedule.

Subject to the Administrative Appeals Tribunal Act 1975, a person or persons whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment and Heritage for the reasons for the decision. An application for independent review of the decision may be made to the Administrative Appeals Tribunal, on payment of the relevant fee, by or on behalf of the person or persons whose interests are affected, either within 28 days of receipt of the reasons for the decision, or within 28 days of this declaration if reasons for the decision are not sought. Further information may be obtained from:

Schedule

Declaration of the syngnathid harvesting and captive breeding operations of PQ Aquatics as an approved wildlife trade operation.

Additional Provisions (section 303FT of the EPBC Act)

1. Export of syngnathid species is restricted to specimens held or taken under permits issued by Fisheries Victoria Division of the Department of Primary Industries, or Primary Industries and Resources South Australia and their offspring.
2. PQ Aquatics to advise the Department of the Environment and Heritage (DEH) of any material change to the legislated permit conditions or operating arrangements of the facility that could affect the criteria on which Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) decisions are based, within three months of that change being made.
3. Harvest of syngnathids is prohibited in Commonwealth waters.
4. Wild caught and cultured syngnathids are not to be returned to the wild.
5. PQ Aquatics to breed Hippocampus breviceps and Hippocampus abdominalis in captivity as specified by the Environment Protection and Biodiversity Conservation Regulations 2000.
6. Annual reports are to be provided by PQ Aquatics to DEH and should include:
   • total harvest; including species, location, quantities, size, reproductive state and sex of individuals collected;
   • results of spawning, mating and rearing trials and the number of mortalities that have occurred;
   • quantities and numbers of specimens for each species sold or held as stocks; and
   • details of the reproductive success of the operation as agreed between PQ Aquatics and DEH.