New South Wales Abalone Fishery - WTO variation 2006

Variation to Declaration of an Approved Wildlife Trade Operation
Department of the Environment and Heritage, 21 November 2006

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

Dear Minister

I, LARA MUSGRAVE, Delegate of the Minister for the Environment and Heritage, hereby vary under subsection 303FT(7b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), the Declaration of an Approved Wildlife Trade Operation dated 28 November 2005 for the harvesting of specimens that are, or are derived from, fish or invertebrates, other than species listed under Part 13 of the EPBC Act, taken in the New South Wales Abalone Fishery, as defined in Schedule 1 of the New South Wales Fisheries Management Act 1994:

  1. Revoke condition a):
    Is valid until 28 November 2006.
  2. Include a new condition a):
    Is valid until 28 November 2008.
  3. Revoke condition b) and the Schedule (dated November 2005):
    Is subject to the conditions applied under section 303FT specified in the November 2005 Schedule.
  4. Include a new condition b) and Schedule (dated November 2006):
    Is subject to the conditions applied under section 303FT specified in the November 2006 Schedule.

Dated this 21 day of November 2006

[signed]

Lara Musgrave
Delegate of the Minister for the Environment and Heritage

Schedule

Declaration of the Harvest Operations of the New South Wales Abalone 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 EPBC Act, taken in the NSW Abalone Fishery.

  1. Operation of the fishery will be carried out in accordance with the NSW Abalone Share Management Plan 2000 in force under the NSW Fisheries Management Act 1994.
  2. NSW Department of Primary Industries (DPI) to advise the Department of the Environment and Heritage (DEH) of any material change to the Abalone Fishery management arrangements that could negatively affect the assessment of the fishery against the Environment Protection and Biodiversity Conservation Act 1999 criteria, within three months of that change being made.
  3. A report to be produced and presented to DEH annually, and to include:
    • information sufficient to allow assessment of the progress of NSW DPI, in conjunction with industry and other stakeholders, in implementing the conditions and recommendations made; and
    • the status of the Abalone Fishery performance indicators compared to the trigger points.
  4. The Fishery Management Strategy for the NSW Abalone Fishery to be finalised and approved by the end of April 2007.
  5. NSW DPI, in conjunction with NSW Abalone Fishery stakeholders, to develop and implement within 12 months an agreed recovery strategy for abalone stocks across the fishery that defines the following:
    • precautionary recovery targets and associated timeframes;
    • specific measures to promote the rebuilding of stocks to target levels; and
    • stock and catch monitoring and compliance measures required to evaluate and enforce the recovery of depleted stocks.