Sustainable Fisheries

Marine Aquarium Fish Fishery

Declaration of an Approved Wildlife Trade Operation
Commonwealth of Australia Gazette, S181, 28 October 2005

• Schedule

I, LARA MUSGRAVE, acting Assistant Secretary, Marine Environment Branch, as Delegate of the Minister for the Environment and Heritage, have considered in accordance with s.303FN of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) the application from the Western Australian Department of Fisheries (DFWA), public comments on the proposal as required under s.303FR, and advice on the ecological sustainability of the operation. I am satisfied on those matters specified in s.303FN of the Act. I hereby declare the operations for the harvesting of specimens that are, or are derived from, fish or invertebrates taken in the Western Australian Marine Aquarium Fish Managed Fishery, as defined in the Marine Aquarium Fish Management Plan 1995, made under the Fish Resources Management Act 1994, and associated management regime for the fishery in force under the Fish Resources Management Act 1994 and the Fish Resources Management Regulations 1995, to be an approved Wildlife Trade Operation, in accordance with s.303FN (2) and (10)(d), for the purposes of the Act.

Unless amended or revoked, this declaration:

1. is valid until 25 October 2008 and;
2. bis subject to the conditions applied under s.303FT specified in the Schedule.

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 the Department of the Environment and Heritage 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

Additional Provisions (s.303FT)

Relating to the harvesting of fish specimens that are, or are derived from, fish or invertebrates taken in the MAF.

1. Operation of the fishery will be carried out in accordance with the Western Australian Marine Aquarium Fish Management Plan 1995 and associated management regime in force under the Fish Resources Management Act 1994 and the Fish Resources Management Regulations 1995.
2. The Western Australian Department of Fisheries (DFWA) will advise DEH of any material change to the MAF's legislated management plan and/or arrangements that could affect the criteria on which EPBC decisions are based, within three months of that change being made.
3. The declaration covers the Western Australian Marine Aquarium Fish Managed Fishery only to the extent that the Western Australian Marine Aquarium Fish Managed Fishery relates to specimens that:
   1. are not listed under Part 13 of the EPBC Act, or
   2. are listed marine species that are not taken in the Commonwealth marine area, or
   3. are listed marine species that are taken in the Commonwealth marine area according to the specifications of a wildlife conservation plan negotiated between DFWA and DEH.
4. Reports to be produced and presented to DEH annually, and to include:
   • information sufficient to allow assessment of the progress of DFWA in implementing the recommendations made in the Assessment of the Western Australian Marine Aquarium Fish Managed Fishery 2005;
   • A description of the status of the fishery and catch and effort information;
   • A statement of the performance of the fishery against objectives, performance indicators and measures once developed; and
   • Research undertaken or completed relevant to the fishery.