Declaration of an Approved Wildlife Trade Operation – Western Australia Sea Cucumber Fishery, March 2026

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN SEA CUCUMBER FISHERY, MARCH 2026

I, BELINDA JAGO, Branch Head, Ocean and Wildlife, 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 Western Australian Department of Primary Industries and Regional Development, 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 invertebrates taken in the Western Australian Sea Cucumber Fishery, as defined in the management regime in force under the authority of instruments of Exemption granted in accordance with Section 7(1) of the Fish Resources Management Act 1994 (WA) and the Fish Resources Management Regulations 1995 (WA), but not including:

1.     specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or
2.    specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or
3.     specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
4.    specimens that belong to taxa listed under section 303CA of the EPBC Act (taxa listed in the CITES Appendices).

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.

Unless amended or revoked, this declaration:

1.               is valid until 1 April 2031 and;
2.              is subject to the conditions applied under section 303FT specified in Schedule 1.

This instrument commences on 2 April 2026. 

Dated this 20th day of March 2026

SIGNED

………….…….…………………………………

Delegate of the Minister for the Environment and Water

Notes:

Under the Administrative Review Tribunal Act 2024, 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 Review 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 Western Australian Sea Cucumber Fishery as an approved wildlife trade operation, March 2026

ADDITIONAL PROVISIONS (section 303FT)

Relating to the harvesting of specimens that are, or are derived from invertebrates, other than specimens of species listed under Part 13 and Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), unless those specimens are subject to any exceptions as outlined in this declaration, taken in the Western Australian Sea Cucumber Fishery:

Condition 1

Export approval for the Western Australian Sea Cucumber Fishery (the fishery) has been provided on the basis the fishery will be managed in accordance with the instruments of Exemption (Section 7(1)) in force under the Fish Resources Management Act 1994 (WA) and the Fish Resources Management Regulations 1995 (WA).

During the term of the export approval, the Western Australian Department of Primary Industries and Regional Development (DPIRD) must:

1.       Consistent with Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries, provide the Department of Climate Change, Energy, the Environment and Water (the department), with an annual report by 20 December each year.
2.       In the interim, if there are any intended changes to legislative instruments, or material changes to management arrangements, that may affect the basis on which export approval was made for this fishery, the department must be notified.

Condition 2

To ensure the dynamics and status of the fishery are well-understood, and management arrangements across the expanded fishery and how they control take are documented, DPIRD must, by 20 December 2027, provide the department with an updated harvest strategy that incorporates updated reference points, performance indicators, and changes to the fishery.

Recommendation

Given the uncertainties around the level of fishing mortality associated with Illegal, Unreported and Unregulated (IUU) fishing, the department recommends that ongoing efforts are made to factor IUU fishing mortality estimates into future Kimberley sandfish stock assessments.