Declaration of an Approved Wildlife Trade Operation – Victorian PQ Aquatics Syngnathids, December 2021 (Cth)
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COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION –
VICTORIAN PQ AQUATICS SYNGNATHIDS, DECEMBER 2021
I, ADAM SINCOCK, Principal Director, Wildlife Trade Office, as Delegate of the Minister for the Environment, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from PQ Aquatics 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 harvest of Weedy Seadragon (Phyllopteryx taeniolatus), Short-headed Seahorse (Hippocampus breviceps) and Pot-bellied Seahorse (Hippocampus abdominalis) that are or are derived from fish or invertebrates, taken in Victorian waters, by PQ Aquatics as defined in the management regime in force under the Fisheries Act 1995 (Vic) and the Fisheries Regulations 2019 (Vic), to be an approved wildlife trade operation, in accordance with subsection 303FN(2) and paragraph 303FN(10)(b) for the purposes of the EPBC Act.
Unless amended or revoked, this declaration:
(a) is valid for three years from the date of its gazettal; and
(b) is subject to the conditions applied under section 303FT.
This declaration has effect subject to the following conditions applied under section 303FT:
1. The export of syngnathid species is restricted to specimens held or taken under permits issued by the Victorian Fisheries Authority, and offspring of these specimens.
2. The PQ Aquatics Syngnathids Wildlife Trade Operation must be carried out in accordance with the management arrangements specified by the Victorian Fisheries Authority.
3. PQ Aquatics must inform the Department of Agriculture, Water and the Environment of any intended material changes to the operation's management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
4. PQ Aquatics must inform the Department of Agriculture, Water and the Environment of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.
5. The PQ Aquatics Syngnathids Wildlife Trade Operation must present annual reports to the Department of Agriculture, Water and the Environment by 30 November, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. Annual reports should include:
(i) Total harvest, including the species, location, quantities, size, reproductive state and sex of individuals collected.
(ii) Results of spawning, mating and rearing trials and the number of mortalities that have occurred.
(iii) Quantities and numbers of specimens for each species sold or held as stocks.
6. Wild caught and cultured syngnathids must not be returned to the wild.
Dated this 16th day of December 2021
Adam Sincock
………….…….……………………….........
Delegate of the Minister for the Environment
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of Agriculture, Water and the Environment for the reasons for the decision.
An application for independent review of the decision (under section 303GJ(1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Appeals Tribunal (AAT), on payment of the relevant fee (currently $1,826 or reduced fee where applicable due to financial hardship) by the applicant, either within 28 days of receipt of the reasons for the decision, or within 28 days of this declaration if reasons for the decision are not sought. Applications should be made to the Deputy Registrar, AAT in your Capital City. Please visit the AAT's website at http://www.aat.gov.au/ for further information.
You may make an application under the Freedom of Information Act 1982 (Cth) to access documents relevant to this decision. For further information, please visit http://www.environment.gov.au/foi/index.html.
Further enquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of Agriculture, Water and the Environment, by email: wta@awe.gov.au or telephone: (02) 6274 1900 (option 2).
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