Commonwealth Small Pelagic Fishery

Variation to Declaration of an Approved Wildlife Trade Operation
Commonwealth of Australia Gazette, S 29, 27 February 2006

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

I, ROBYN BROMLEY, Delegate of the Minister for the Environment and Heritage, hereby vary under subsection 303FT(7b) of the Environment Protection and Biodiversity Conservation Act 1999, the Declaration of an Approved Wildlife Trade Operation dated 30 May 2005 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:

  1. Revoke condition a):
    Is valid until 28 February 2006.
  2. Include a new condition a):
    Is valid until 6 December 2007.
  3. Revoke condition b) and the Schedule dated May 2005
    Is subject to the conditions applied under s.303FT specified in the May 2005 Schedule.
  4. Include a new condition b) and Schedule (dated February 2006)
    Is subject to the conditions applied under s.303FT specified in the February 2006 Schedule.

Dated this 23rd day of February 2006

[signed]

Robyn Bromley
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

February 2006

Declaration of the Harvest Operations of the Commonwealth Small Pelagic Fishery as an Approved Wildlife Trade Operation

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:
    • Continue a observer program with a high level of coverage to determine the frequency of any interactions with cetaceans and the adequacy of mitigation measures.
    • Ensure that all 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 all fishing operators immediately notify AFMA and DEH of any dolphin captures.
    • Ensure that the skippers, crew and observers on all vessels operating in the fishery are thoroughly briefed on the above measures before leaving port.
  4. Operation of mid-water trawlers in the SPF will be carried out in accordance with the agreed strategy requiring operational protocols to be strictly observed by fishers. In the event of fishing operations using gear types other than mid water trawl interacting with protected and/or listed species, AFMA will develop and implement mitigation measures within 6 months.
  5. Reports to be produced and presented to DEH annually, 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 conditions and recommendations specified for the SPF.