COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – COMMONWEALTH NORTH WEST SLOPE TRAWL FISHERY AND THE COMMONWEALTH WESTERN DEEPWATER TRAWL FISHERY, NOVEMBER 2023
I, BELINDA JAGO, Branch Head, Ocean and Wildlife Branch, as Delegate of the Minister for the Environment and Water, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the Australian Fisheries Management Authority 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, taken in the Commonwealth North West Slope Trawl Fishery and the Commonwealth Western Deepwater Trawl Fishery as defined in the management regime in force under the:
- Fisheries Management Act 1991 (Cth),
- Fisheries Management Regulations 2019 (Cth),
- Western Trawl Fisheries Statement of Management Arrangements 2012 (Cth)
but not including:
(a) specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or
(b) specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or
(c) specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
(d) specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List),
to be an approved wildlife trade operation, in accordance with subsection 303FN(2) and paragraph 303FN(10)(d), for the purposes of the EPBC Act.
This declaration commences on 30 November 2023.
Unless amended or revoked, this declaration:
a) is valid until 30 November 2026, and
b) is subject to the conditions applied under section 303FT specified in Schedule 1.
Dated this 10th day of November 2023
Belinda Jago
Delegate of the Minister for the Environment and Water
Notes: 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 reasons may be made in writing to the Department of Climate Change, Energy, the Environment and Water 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, Department of Climate Change, Energy, the Environment and Water, Email: sustainablefisheries@dcceew.gov.au.
Schedule 1
Declaration of the harvest operations of the Commonwealth North West Slope Trawl Fishery and the Commonwealth Western Deepwater Trawl Fishery as an approved wildlife trade operation, November 2023
ADDITIONAL PROVISIONS (section 303FT)
Relating to the harvesting of specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 and Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), taken in the Commonwealth North West Slope Trawl Fishery and the Commonwealth Western Deepwater Trawl Fishery:
Condition 1
Operation of the Commonwealth North West Slope Trawl Fishery and the Commonwealth Western Deepwater Trawl Fishery must be carried out in accordance with the Western Trawl Fisheries Statement of Management Arrangements 2012 made under the Fisheries Management Act 1991 (Cth) and the Fisheries Management Regulations 2019 (Cth).
Condition 2
The Australian Fisheries Management Authority must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the Commonwealth North West Slope Trawl Fishery and the Commonwealth Western Deepwater Trawl Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
Condition 3
The Australian Fisheries Management Authority must inform the Department of Climate Change, Energy, the Environment and Water of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.
Condition 4
The Australian Fisheries Management Authority must produce and present reports on the Commonwealth North West Slope Trawl Fishery and the Commonwealth Western Deepwater Trawl Fishery to the Department of Climate Change, Energy, the Environment and Water by September annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.
Condition 5
By 1 July 2024, the Australian Fisheries Management Authority must implement measures to ensure there is an appropriate and consistent level of observer coverage in the Commonwealth North-West Slope Trawl Fishery and the Commonwealth Western Deepwater Trawl Fishery. These measures should account for the varying levels of effort undertaken in the two fisheries and at a minimum require at least one observer trip per season for any vessel operating in the fisheries to maintain confidence in the logbook data.