Bass Strait Central Zone Scallop Fishery

Declaration of an Approved Wildlife Trade Operation
Commonwealth of Australia Gazette, GN 16, 22 April 2003

Commonwealth of Australia
Environment Protection and Biodiversity Conservation Act 1999
Declaration of an Approved Wildlife Trade Operation

I, Dr David Kemp, the Minister for the Environment and Heritage, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) the application from the Australian Fisheries Management Authority, public comments on the proposal as required under S303FR, and advice on the ecological sustainability of the operation. I am satisfied on those matters specified in Section 303FN of the Act. I hereby declare the operations for the harvesting of Pecten fumatus (Commercial Scallop) and Mimachlamys asperrima (Doughboy Scallop) from the Bass Strait Central Zone Scallop Fishery under the Bass Strait Central Zone Scallop Fishery Management Plan 2002, a commercial fishery in accordance with S303FN (2) and (10)(d), to be an approved Wildlife Trade Operation for the purposes of the Act.

Unless amended or revoked, this declaration:

  1. has effect in relation to the regulated native specimens listed in the Schedule and subject to the conditions applied under S303FT specified in the Schedule, and
  2. is valid from 18 February 2003 until 30 June 2005.

Dated this 3rd day of March 2003

[Signed]

David Kemp
Minister for the Environment and Heritage

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 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:

Director, Sustainable Fisheries Section
Marine and Water Division
Department of the Environment and Heritage
GPO Box 787
Canberra ACT 2601
Telephone: (02) 6274 1917
Facsimile: (02) 6274 1006


Schedule

Declaration of the Harvest Operations of Pecten fumatus and Mimachlamys asperrima in the Bass Strait Central Zone Scallop Fishery as an approved Wildlife Trade Operation

Regulated native specimens to which the declaration applies
Taxon Common name Product type
Pecten fumatus Commercial Scallop Any products
Mimachlamys asperrima Doughboy Scallop Any products

Additional provision (S303FT)

Relating to the harvesting of Commercial Scallops (Pecten fumatus) and Doughboy Scallops Mimachlamys asperrima, harvested from the Bass Strait Central Zone Scallop Fishery under the Commonwealth Fisheries Management Act 1991.

  1. Operation of the fishery will be carried out in accordance with the Bass Strait Central Zone Scallop Fishery Management Plan
  2. The current limit reference point applying in the fishery will be reviewed by 30 June 2005 to establish whether it is sufficient to ensure long-term stock viability and allow scallops to fulfil their ecological function.
  3. Actions to build and maintain stocks above the current limit reference point will be implemented by 30 June 2005 to ensure a higher limit reference point can be implemented if necessary.
  4. The vulnerability of the byproduct species, Doughboy Scallops, to overfishing will be analysed by 30 June 2005 and, if this analysis concludes that Doughboy Scallops are vulnerable to overfishing, actions to remedy this impact will be implemented as a priority.
  5. A structured approach, including stakeholder consultation, will be implemented to identify areas to be closed within the fishery to ensure benthic impacts of the fishery on the environment are managed in a precautionary manner. The areas will be identified and closed by 30 June 2005 and will include:
    • 'Unfishable' areas will be broadly identified and closed;
    • Sufficient areas of representative habitats and ecological communities in areas of the fishery where fishing can occur using existing technology, but where fishing does not occur because there are no commercial scallop beds in those areas will be broadly identified and protected from present and future fishing pressure; and
    • Sufficient areas of representative habitats and ecological communities in areas of the fishery that are currently fished for scallops will be broadly identified and protected from present and future fishing pressure.
  6. The Bycatch Action Plan will be modified to specify contingent action to be taken in the event that adequate funding is not available to undertake information gathering.
  7. Timetables to implement remedial actions to address impacts on bycatch species when required will be incorporated into the Bycatch Action Plan.
  8. A reliable information collection strategy regarding protected species will be implemented by 30 June 2005.
  9. If an impact on protected species is indicated, measures to reduce interactions to a level that does not threaten the conservation status of the impacted species will be implemented.
  10. A report to be produced annually and presented to the Department of the Environment and Heritage and to include:
    • a statement of the extent to which the performance criteria of the Bass Strait Central Zone Scallop Fishery Management Plan were met in the year; and
    • information sufficient to allow assessment of the progress of AFMA in implementing the conditions.