Declaration of an Approved Wildlife Trade Operation – Western Australian G-Trap Fishery – Australian Herring, March 2024

Declaration of an Approved Wildlife Trade Operation – Western Australian G-Trap Fishery – Australian Herring, March 2024

made under section 303FN of the

Environment Protection and Biodiversity Conservation Act 1999

Compilation No. 2

Compilation date: 14 May 2026

Includes amendments: F2026N00318

About this compilation

This compilation

This is a compilation of the Declaration of an Approved Wildlife Trade Operation – Western Australian G-Trap Fishery – Australian Herring, March 2024 that shows the text of the law as amended and in force on 14 May 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN G-TRAP FISHERY – AUSTRALIAN HERRING, MARCH 2024

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 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 Australian Herring (Arripis georgianus), taken in the Western Australian G-Trap Fishery – Australian Hering as defined in the management regime in force under the:

 Fish Resources Management Act 1994 (Western Australia),

 Fish Resources Management Regulations 1995 (Western Australia),

and excluding:

(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.

Unless amended or revoked, this declaration:

a) is valid until 7 March 2027 and;

b) is subject to the conditions applied under section 303FT specified in the Schedule.

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 Western Australian G-Trap Fishery – Australian Herring as an approved wildlife trade operation, March 2024

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), taken in the Western Australian G-Trap Fishery – Australian Herring:

Condition 1

Operation of the Western Australian G-trap Fishery – Australian Herring must be carried out in accordance with the management regime in force under the Fish Resources Management Act 1994 (WA), Fish Resources Management Regulations 1995 (WA), Herring Trap Net notice 1991 endorsement (Condition 42), Prohibition on Herring Trap Nets Order (2015), and annual exemptions in accordance with Section 7 of the Fish Resources Management Act 1994, which exempt specified operators from the Prohibition on Herring Trap Nets Order 2015.

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 G-trap Fishery – Australian Herring 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 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 G-trap Fishery to the Department of Climate Change, Energy, the Environment and Water annually, within one month of publication of the annual report, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

Condition 5

By 28 February 2025, the Western Australian Department of Primary Industries and Regional Development must publish an ecological risk assessment for the South Coast Nearshore Finfish Resource, that considers risks to target, bycatch and protected species, as well as the ecosystem more broadly.

Condition 6

Condition revoked.

Condition 7

By 28 February 2025, the Western Australian Department of Primary Industries and Regional Development must provide the Department of Climate Change, Energy, the Environment and Water with an interim stock assessment for Australian Herring.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Schedule 1 (Condition 6)

Kind of editorial change

Give effect to the misdescribed amendment as intended and change to typeface

Details of editorial change

The Declaration of an Approved Wildlife Trade Operation – Western Australian G-Trap Fishery – Australian Herring, May 2026 provides as follows:

In Condition 6, delete the words

“By 31 July 2026, the Western Australian Department of Primary Industries and Regional Development must publish a harvest strategy for the resource including objectives and performance criteria by which the effectiveness of the management arrangements is measured.”

and replace with the words

“Condition revoked.”

The text contained in Condition 6 of Schedule 1 does not exactly match the text to be omitted as outlined in the Declaration of an Approved Wildlife Trade Operation – Western Australian G-Trap Fishery – Australian Herring, May 2026.

Additionally, the substituted text should not be in italics.

This compilation was editorially changed to apply the amendment to Condition 6 of Schedule 1 to give effect to the misdescribed amendment as intended and to change the typeface to bring it into line with legislative drafting practice.