Victorian Scallop Fishery - WTO declaration 2006

Declaration of an Approved Wildlife Trade Operation,
2 February 2006

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 EPBC Act) the application from the Victorian 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 Victorian Scallop Fishery, as defined in management regime in force under the Victorian Fisheries Regulations 1998 and the Victorian Fisheries Act 1995, 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 30 January 2009 and;
  2. is subject to the conditions applied under section 303FT specified in the Schedule.

Dated this 2nd day of February 2006

[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 Department of the Environment and Heritage 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 Victorian Scallop Fishery (VSF) as an approved Wildlife Trade Operation

ADDITIONAL PROVISIONS (section 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 Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), taken in the VSF.

  • Operation of the fishery will be carried out in accordance with the management regimein force under the Victorian Fisheries Regulations 1998 and the Victorian Fisheries Act 1995.
  • Department of Primary Industries (DPI) to advise the Australian Government Department of the Environment and Heritage (DEH) of any material change to the VSF's management arrangements that could affect the criteria on which EPBC Act decisions are based, within three months of that change being made.
  • Reports to be produced and presented to DEH annually, and to include:
    • information sufficient to allow assessment of the progress of DPI in implementing the recommendations made in the Assessment of the Victorian Scallop Fishery;
    • a description of the status of the fishery and catch and effort information;
    • a statement of the performance of the fishery against objectives, performance indicators and measures once developed; and
    • research undertaken or completed relevant to the fishery.