Small Pelagics Fishery

Declaration of an Approved Wildlife Trade Operation
Commonwealth of Australia Gazette, GN 49, 8 December 2004

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

I, Ian Cresswell, Assistant Secretary, Wildlife Trade and Sustainable Fisheries 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 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 specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the Act, taken in the Commonwealth Small Pelagic Fishery, as defined in the Management Policy for the Small Pelagic Fishery 2002 made under the Fisheries Management Act 1991, to be an approved Wildlife Trade Operation, in accordance with S303FN (2) and (10)(d), for the purposes of the Act.

Unless amended or revoked, this declaration:

  1. is valid until 1 June 2005; and
  2. is subject to the conditions applied under s.303FT specified in the Schedule.

Dated this 29th day of November 2004

[signed]

Ian Cresswell
Delegate of the Minister for the Environment and Heritage

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, other than specimens of species listed under Part 13 of the Act, taken in the Commonwealth Small Pelagic Fishery, as defined in the Management Policy for the Small Pelagic Fishery 2002 made under the Fisheries Management Act 1991.

  1. Operation of the Small Pelagic Fishery (SPF) will be carried out in accordance with the Management Policy for the Commonwealth Small Pelagic Fishery 2002 (SPFMP).
  2. The Australian Fisheries Management Authority (AFMA) will inform the Department of the Environment and Heritage (DEH) of any changes to the SPFMP or other significant policy documents.
  3. In relation to the accidental catch of dolphins within the SPF, AFMA will:
    • Implement an observer program (with a high level of coverage) to determine the frequency of any interactions with cetaceans during fishing.
    • Ensure that trawl boats operating within the fishery have in place appropriate measures to detect dolphins in the vicinity of operations and implement measures to avoid fishing in areas where dolphins are observed.
    • Ensure that fishing operators immediate notify AFMA and DEH of any dolphin captures.
    • Ensure that the skippers, crew and observers on all trawl vessels operating in the fishery are thoroughly briefed on the above measures before leaving port.
  4. AFMA, in consultation with DEH, will over the next 6 months determine long term arrangements to address the interaction of cetaceans with fishing operations in the whole SPF. The long term arrangements should include, but not be limited to:
    • specific management measures;
    • review of potential mitigation measures (national and international);
    • data and monitoring arrangements;
    • research activities;
    • amendment of the Bycatch Action Plan.
  5. Reports to be produced and presented to DEH quarterly, and to include:
    • a summary of all protected species interactions reported in the SPF; and
    • information sufficient to allow assessment of the progress of AFMA in implementing the above conditions.