New South Wales Lobster Fishery - WTO declaration 2005

Declaration of an Approved Wildlife Trade Operation
Department of the Environment and Heritage, 29 November 2005

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

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 Lobster Fishery, as defined in the New South Wales Lobster 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 sub-sections 303FN (2) and (10)(d), for the purposes of the EPBC Act.

Unless amended or revoked, this declaration:

  1. is valid until 29 November 2006 and;
  2. is subject to the following conditions:
    1. Operation of the fishery will be carried out in accordance with the New South Wales Lobster Share Management Plan 2000 in force under the New South Wales Fisheries Management Act 1994.
    2. The New South Wales Department of Primary Industries will advise the Department of the Environment and Heritage of any material change to the New South Wales Lobster 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. Reports to be produced and presented to the Department of the Environment and Heritage quarterly, and to include:
      • information sufficient to allow assessment of the progress of New South Wales Department of Primary Industries in implementing the recommendations made in the Assessment of the New South Wales Lobster Fishery 2005; and
      • a description of the status of the fishery and catch and effort information.

Dated this twenty ninth 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.