Declaration of an Approved Wildlife Trade Operation – Western Australian Abrolhos Islands and Mid West Trawl Managed Fishery, May 2025

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2025N00399 In force Notifiable Instrument

Legislation content

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN ABROLHOS ISLANDS AND MID WEST TRAWL MANAGED FISHERY, MAY 2025

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 fish or invertebrates, taken in the Western Australian Abrolhos Islands and Mid West Trawl Managed Fishery as defined in the management regime in force under the Fish Resources Management Act 1994 (WA) and Fish Resources Management Regulations 1995, 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 (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.

Unless amended or revoked, this declaration:

  1.               is valid until 21 May 2028 and;
  2.              is subject to the conditions applied under section 303FT specified in Schedule 1.

 

Dated this 21st day of May 2025

 

 

BELINDA JAGO

 

………….…….…………………………………

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 Abrolhos Islands and Mid West Trawl Managed Fishery as an approved wildlife trade operation, May 2025

 

ADDITIONAL PROVISIONS (section 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 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 Abrolhos Islands and Mid West Trawl Managed Fishery:

Condition 1

Operation of the Western Australian Abrolhos Islands and Mid West Trawl Managed Fishery must be carried out in accordance with the relevant management plans in force under the Fish Resources Management Act 1994 (WA) and the Fish Resources Management Regulations 1995 (WA).

Condition 2

The Western Australian Department of Primary Industries and Regional Development must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the Western Australian Abrolhos Islands and Mid West Trawl Managed Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

Condition 3

The Western Australian Department of Primary Industries and Regional Development must inform the Department of Climate Change, Energy, the Environment and Water of any intended changes to Western Australian fisheries legislation that may affect the legislative instruments relevant to this approval.

Condition 4

The Western Australian Department of Primary Industries and Regional Development must produce and provide reports on the Western Australian Abrolhos Islands and Mid West Trawl Managed Fishery to the Department of Climate Change, Energy, the Environment and Water by December annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

Condition 5

The Western Australian Department of Primary Industries and Regional Development must, by 31 October in the first year after 2026 when fishing occurred, undertake independent monitoring of the Western Australian Abrolhos Islands and Mid West Trawl Managed Fishery to provide updated information on bycatch and protected species interactions. This may involve the use of electronic monitoring, onboard observers, surveys or other means. The information collected and spatial/temporal coverage must be sufficient to reliably demonstrate the accuracy of bycatch information collected via other means, and endangered, threatened and protected species interaction data collected via logbooks.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of Australia's environment, including its biodiversity, and to provide a framework for managing activities that may impact on matters of national environmental significance. The Act was introduced by the Commonwealth Parliament with the policy objective of ensuring that the environment, including its biodiversity, is protected and conserved for future generations while also promoting sustainable use of natural resources. The legislation was designed to fill a gap in environmental regulation by providing a national framework that complements state and territory laws and addresses issues that cross jurisdictional boundaries. In May 2025, Belinda Jago, as the delegate of the Minister for the Environment and Water, declared certain wildlife trade operations in the Western Australian Abrolhos Islands and Mid West Trawl Managed Fishery as approved under the EPBC Act. This declaration was made following consideration of an application from the Western Australian Department of Primary Industries and Regional Development, public comments, and advice on ecological sustainability. The declaration specifies that the operations are approved, subject to certain conditions, ensuring they do not involve specimens listed under specific sections of the EPBC Act. The conditions imposed include adherence to relevant management plans, reporting requirements, and independent monitoring to ensure compliance with environmental protection standards.

Scope and Application

The declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) specifies that the operations for the harvesting of fish and invertebrate specimens taken in the Western Australian Abrolhos Islands and Mid West Trawl Managed Fishery are recognised as an approved wildlife trade operation, subject to certain exclusions and conditions. This declaration applies to the operations conducted by the Western Australian Department of Primary Industries and Regional Development, ensuring compliance with the management plans under the Fish Resources Management Act 1994 (WA) and Fish Resources Management Regulations 1995 (WA). Notably, the declaration excludes specimens that belong to taxa listed under section 209 (Australia’s List of Migratory Species), section 248 (Australia’s List of Marine Species), and section 303CA (Australia’s CITES List) of the EPBC Act, as well as specimens that belong to eligible listed threatened species. The declaration is valid until 21 May 2028 and is subject to specific conditions outlined in Schedule 1, which includes adherence to annual reporting requirements, notification of significant legislative changes, and independent monitoring to assess bycatch and interactions with endangered, threatened, and protected species.

Key Provisions

The key operative sections of the Notifiable Instrument F2025N00399 pertain to the declaration of an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303FN details the requirements for declaring an operation as approved, while section 303FT outlines the conditions under which such an operation can be conducted. In this instance, the harvesting of specimens derived from fish or invertebrates in the Western Australian Abrolhos Islands and Mid West Trawl Managed Fishery is declared as an approved wildlife trade operation, with certain exclusions as outlined in the document. This declaration is effective until 21 May 2028, subject to the conditions specified in Schedule 1 of the Notifiable Instrument. The Act imposes several obligations and requirements on the Western Australian Department of Primary Industries and Regional Development. Firstly, the operations must adhere to the relevant management plans under the Fish Resources Management Act 1994 and Fish Resources Management Regulations 1995 (section 303FT(1)). Secondly, the department must notify the Department of Climate Change, Energy, the Environment and Water of any material changes to the management arrangements or relevant fisheries legislation that may impact the assessment criteria (section 303FT(2) and (3)). Thirdly, annual reports on the fishery must be submitted to the Department of Climate Change, Energy, the Environment and Water by December each year (section 303FT(4)). Lastly, independent monitoring of the fishery must be undertaken by 31 October in the first year after 2026 when fishing occurred, to provide updated information on bycatch and interactions with protected species (section 303FT(5)). In the event of a breach of the conditions specified in the Notifiable Instrument, the consequences can be both civil and criminal. Although the specific penalties are not outlined in the text, the EPBC Act generally provides for fines and imprisonment for non-compliance with its provisions. The maximum penalties for offences under the EPBC Act can include substantial fines for corporations (up to $210,000) and individuals (up to $21,000), as well as imprisonment terms for serious offences. Additionally, failure to comply with the reporting and monitoring requirements may result in the revocation of the approval for the wildlife trade operation, leading to cessation of the operations until compliance is achieved.

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Notifiable instrument
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.