New South Wales Ocean Trap and Line Fishery - WTO declaration 2005

Declaration of an Approved Wildlife Trade Operation
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 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 28 February 2006 and;
  2. is subject to the conditions applied under section 303FT specified in the Schedule.

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.

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, other than specimens of species listed under Part 13 of the EPBC Act, taken in the New South Wales Ocean Trap and Line Fishery.

  1. Operation of the fishery will be carried out in accordance with the management regime in force under the New South Wales Fisheries Management Act 1994.
  2. The New South Wales Department of Primary Industries (DPI) to advise the Department of the Environment and Heritage (DEH) of any material change to the Ocean Trap and Line Fishery's management arrangements that could negatively affect the assessment of the fishery against the criteria of the Environment Protection and Biodiversity Conservation Act 1999.
  3. Within 3 months, DPI to implement management arrangements that will improve the ecological sustainability of the Ocean Trap and Line Fishery (OTLF). In particular, these management arrangements should include provision to:
    1. Cap the level of catch and effort for primary and key secondary species across the fishery at precautionary levels and develop a process to determine and review ecologically sustainable catch and effort limits;
    2. Develop interim recovery strategies for all primary and key secondary in the OTLF classified as growth or recruitment overfished; and
    3. Develop and implement an ongoing process to more effectively monitor the frequency, location and type of Grey Nurse Shark interactions in the fishery.
  4. Within 3 months, DPI to implement further measures to prevent the catch and mortality of Grey Nurse Sharks. These measures will address, among other issues, the impacts of hook and line gear in Critical Habitat and Grey Nurse Shark aggregation sites and the need for spatial buffer zones to enhance protection.
  5. DPI to report on progress in implementing revised management arrangements for the Ocean Trap and Line Fishery to DEH by 27 January 2006.