New South Wales Ocean Trap and Line Fishery - WTO declaration 2006

Declaration of an Approved Wildlife Trade Operation
27 July 2006

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

I, IAN CAMPBELL, Minister for the Environment and Heritage, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC 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 taken in the New South Wales Ocean Trap and Line Fishery, as defined in Schedule 1 of 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 14 December 2007 and;
  2. is subject to the conditions applied under section 303FT specified in the Schedule.

Dated this twenty seventh day of July 2006

[signed]

Ian Campbell
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 Ocean Trap and Line 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 taken in the OTLF.

  1. Operation of the fishery will be carried out in accordance with the restricted entry management regime in force under the NSW Fisheries Management Act 1994.
  2. The NSW Department of Primary Industries (DPI) to advise the Department of the Environment and Heritage (DEH) of any material change to the OTLF management arrangements that could negatively affect the assessment of the fishery against the criteria of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), within three months of that change being made.
  3. A report to be produced and presented to DEH by 16 November 2007, and to include:
    1. information sufficient to allow assessment of the progress of NSW DPI in implementing the conditions and recommendations made; and
    2. the status of the OTLF performance indicators compared to the trigger points.
  4. The Fishery Management Strategy (FMS) for the NSW OTLF to be finalised and approved by end of November 2006.
  5. NSW DPI to develop and implement, within 12 months of the approval of the FMS:
    1. further measures that provide an effective interim cap on active effort in the OTLF; and
    2. a strategy, including effort targets, milestones and associated trigger points, for achieving an ecologically sustainable level of fishing effort for each sector of the fishery.
  6. NSW DPI to develop and implement, by 16 November 2007:
    1. fishery closures of appropriate area for grey nurse sharks as required under the Preferred Strategy Report; and
    2. a targeted monitoring program to help evaluate the effectiveness of the grey nurse shark fishery closures.