Shark Bay Experimental Crab Fishery - WTO declaration 2004

Declaration of an Approved Wildlife Trade Operation
Commonwealth of Australia Gazette, GN 48, 1 December 2004

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

I, Ian Cresswell, Assistant Secretary, Wildlife Trade and Sustainable Fisheries 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 Western Australia Department of Fisheries, public comments on the proposal as required under S303FR, and advice on the ecological sustainability of the operation. I am satisfied on those matters specified in Section 303FN of the 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 Act, taken in the WA Shark Bay Experimental Crab Fishery, managed under exemptions and/or conditions on Fishing Boat Licences issued under the Fish Resources Management Act 1994, to be an approved Wildlife Trade Operation, in accordance with S303FN (2) and (10)(d), for the purposes of the Act.

Unless amended or revoked, this declaration:

  1. is valid until 15 November 2007; and
  2. is subject to the conditions applied under s.303FT specified in the Schedule.

Dated this Sixteenth day of November 2004

[signed]

Ian Cresswell
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 the 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

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 Act, taken in the WA Shark Bay Experimental Crab Fishery, managed under exemptions and/or conditions on Fishing Boat Licences issued under the Fish Resources Management Act 1994.

  1. Operation of the fishery will be carried out in accordance with the WA Shark Bay Experimental Crab Fishery management regime in force under the Fish Resources Management Act 1994;
  2. The Western Australia Department of Fisheries (WADF) will inform the Australian Government Department of the Environment and Heritage (DEH) of any intended amendments to the WA Shark Bay Experimental Crab Fishery management regime that may affect the sustainability of the target species or negatively impact on byproduct, bycatch, protected species or the ecosystem;
  3. Reports to be produced and presented to DEH annually, and to include:
    • information sufficient to allow assessment of the progress of WADF in implementing the recommendations made in the Assessment of the Shark Bay Experimental Crab Fishery 2004 and commitments made in the Final Application to the Australian Government Department of the Environment and Heritage on the Shark Bay Experimental Crab 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.