2. Condition 2: Queensland Department of Agriculture and Fisheries (QDAF) to inform the Department of the Environment of any intended amendments to the fishery’s management arrangements that may affect the assessment of the fishery against the criteria on which Environment Protection and Biodiversity Conservation Act 1999 decisions are based. On 19 Dec 2014 QDAF wrote to the Department advising that in accordance with the condition of the fishery’s Wildlife Trade Operation approval, amendments to the Fisheries Regulation 2008 had been made which formalised Individually Transferrable Quota’s (ITQs), and certain other management arrangements that were previously conditions of licences or permits. These changes to management took effect on 1 January 2015. Details can be found at the Queensland Government internet site . The Department considers that this condition has been met. The Department considers that a new approved wildlife trade operation declaration for the fishery specify a similar condition (see Condition 2, Table 4). 3. QDAF to produce and present reports to the Department of the Environment annually as per Appendix B to the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. QDAF has provided annual reports for the fishery to the Department each year since 2011. Summaries of the reports have been made publicly available via the QDAF . The Department considers that this condition has been met. The Department considers that a new approved wildlife operation declaration for the fishery specify a similar condition (see Condition 3, Table 4).
While these conditions do not specifically relate to listed marine species, they will improve the monitoring and management of interactions with all bycatch, including listed marine species. Therefore, given the management measures already in place in the fishery outlined in Table 1 and the future improvements to monitoring and risk assessment for bycatch species, the Department considers that the current operation of the fishery is not likely to adversely affect the conservation status of a listed marine species or a population of that species. Part 13 (cont.) Section Conditions relating to accreditation of plans, regimes and policies The Department’s assessment of the Queensland Finfish (Stout Whiting) Trawl Fishery (1) This section applies to an accreditation of a plan, regime or policy section 208A, 222A, 245 or 265. The Department considers that the accreditation under section 208A, 222A, 245 or 265, signed by the Delegate of the then Minister for Sustainability, Environment, Water, Population and Communities on 16 August 2011 remains valid. (2) The Minister may accredit a plan, regime or policy under that section even though he or she considers that the plan, regime or policy should be accredited only: during a particular period; or while certain circumstances exist; or while a certain condition is complied with. In such a case, the instrument of accreditation is to specify the period, circumstances or condition. The Department considers that no conditions are required on the accreditation under Part 13 of the EPBC Act however, as part of the proposed wildlife trade operation approval under Part 13A of the EPBC Act, QDAF has agreed to a number of conditions to improve monitoring, reporting and management of bycatch species in the fishery. These proposed conditions, outlined in Table 4, will require QDAF to: develop and implement a data collection and validation program to quantify interactions with bycatch species, and
if the operation relates to the taking of live specimens that belong to a taxon specified in the regulations – the conditions that, under the regulations, are applicable to the welfare of the specimens are likely to be complied with; and such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied. The EPBC Regulations do not specify fish as a class of animal in relation to the welfare of live specimens. No other conditions are specified in relation to commercial fisheries in the EPBC Regulations. (4) In deciding whether to declare an operation as an approved wildlife trade operation the Minister must have regard to: the significance of the impact of the operation on an ecosystem (for example, an impact on habitat or biodiversity); and the effectiveness of the management arrangements for the operation (including monitoring procedures). The Department considers that the fishery will not have a significant impact on any relevant ecosystem within the next three years, given the management measures currently in place, which include limited entry, vessel and gear restrictions (including the mandatory use of turtle excluder devices in otter trawl gear), seasonal closures, a total allowable catch for stout whiting and possession limits for byproduct species. The management arrangements that will be employed for the fishery described above are likely to be effective. These management arrangements are included in the Queensland Fisheries Act 1994 and the Fisheries Regulation 2008. QDAF reviews the performance of the fishery annually against a series of objectives, performance measures and performance indicators. (5) In deciding whether to declare an operation as an approved wildlife trade operation the Minister must have regard to whether legislation relating to the protection, conservation or management of the specimens to which the operation relates is in force in the State or Territory concerned; and whether the legislation applies throughout the or Territory concerned; and The Fishery will be managed under the Queensland Fisheries Act 1994 and the Fisheries Regulation 2008. The Queensland Fisheries Act 1994 and the Fisheries Regulation 2008 apply throughout Queensland waters.