New South Wales Abalone Fishery - WTO declaration 2005

Declaration of an Approved Wildlife Trade Operation
Department of the Environment and Heritage, 28 November 2005

I, Andrew McNee, Assistant Secretary, Marine Environment 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 New South Wales Department of Primary Industries, public comments on the proposal as required under section 303FR, and advice on the ecological sustainability of the operation. I am satisfied on those matters specified in section 303FN of the EPBC 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 EPBC Act, taken in the New South Wales Abalone Fishery, as defined in the New South Wales Abalone Share Management Plan 2000 in force under the New South Wales Fisheries Management Act 1994, to be an approved Wildlife Trade Operation, in accordance with section 303FN (2) and (10)(d), for the purposes of the EPBC Act.

Unless amended or revoked, this declaration:

  1. is valid until 28 November 2006 and;
  2. is subject to the conditions applied under section 303FT specified in the Schedule.

Dated this twenty eighth day of November 2005

[signed]

Andrew McNee
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 Environment Australia 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

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 New South Wales Abalone Fishery.

  1. Operation of the fishery will be carried out in accordance with the New South Wales Abalone Share Management Plan 2000 in force under the New South Wales Fisheries Management Act 1994;
  2. New South Wales Department of Primary Industries (NSW DPI) will advise the Australian Government Department of the Environment and Heritage (DEH) of any material change to the NSW Abalone Fishery's management arrangements that could negatively affect the assessment of the fishery against the EPBC Act criteria, within three months of that change being made.
  3. NSW DPI, in conjunction with NSW Abalone Fishery stakeholders, will conduct, within 12 months, reviews of the current abalone stock status across all zones of the fishery, as a sound basis for determining appropriate management measures to maintain stocks across the fishery at ecologically sustainable levels.
  4. NSW DPI, in conjunction with NSW Abalone Fishery stakeholders, will develop and implement, commencing within the next 12 months, a suite of management measures to address localised and serial depletion of abalone stocks across the fishery.
  5. NSW DPI, in conjunction with NSW Abalone Fishery stakeholders, will develop, within 12 months, a recovery strategy for abalone stocks across all zones of the fishery. The recovery strategy will address appropriate monitoring measures and management responses and proposed timelines for recovery of overfished and depleted stocks.
  6. NSW DPI will ensure a comprehensive risk assessment is prepared and considered prior to the development and implementation of any restocking programs in the fishery. A commitment to a consultation process with all interested stakeholders in the fishery will be included as a part of this process.
  7. NSW DPI to ensure the FMS for the NSW Abalone fishery incorporates appropriate performance indicators and trigger points to monitor regional abalone catch.