Declaration of an Approved Wildlife Trade Operation – Western Australian North Coast Prawn Managed Fisheries, May 2025

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

Legislation au F2025N00421 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 NORTH COAST PRAWN MANAGED FISHERIES, 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 North Coast Prawn Managed Fisheries (Western Australian Kimberley Prawn Managed Fishery, Western Australian Nickol Bay Prawn Managed Fishery, Western Australian Onslow Prawn Managed Fishery and the Western Australian Broome Prawn Managed Fishery), as defined in the management regime in force under 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 (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 28 May 2028 and;
  2.              is subject to the conditions applied under section 303FT specified in Schedule 1.

 

Dated this 28th 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 North Coast Prawn Managed Fisheries 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 North Coast Prawn Managed Fisheries:

Condition 1

Operation of the Western Australian North Coast Prawn Managed Fisheries must be carried out in accordance with the Kimberley Prawn Limited Entry Fishery Notice 1993, Nickol Bay Prawn Limited Entry Fishery Notice 1991, Onslow Prawn Limited Entry Fishery Notice 1991 and the Broome Prawn Managed Fishery Management Plan 1999 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 North Coast Prawn Managed Fisheries 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 North Coast Prawn Managed Fisheries must produce and provide reports on the Western Australian North Coast Prawn Managed Fisheries 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, develop and implement independent monitoring and data validation that is representative of the Western Australian North Coast Prawn Managed Fisheries and which provides information on bycatch and protected species interactions. This many involve the use of electronic monitoring, independent onboard observers, or other means. The information collected must be sufficiently reliable to demonstrate the accuracy of endangered, threatened and protected species interaction data collected via logbooks.

Condition 6

By 20 December 2027, the Western Australian Department of Primary Industries and Regional Development must develop and publish a harvest strategy for the Western Australian North Coast Prawn Managed Fisheries that includes objectives and performance criteria by which the effectiveness of the management arrangements can be measured.  

Condition 7

The Western Australian Department of Primary Industries and Regional Development must:

  1.        By 18 December 2026, publish an ecological risk assessment for the Western Australian North Coast Prawn Managed Fisheries, which considers the impact of the fishery on all target and non-target species, habitats, and the broader ecosystem.
  2.        By 30 July 2027, develop and implement ecological risk mitigation measures to address all risks identified as being at high or severe risk identified in the ecological risk assessment.

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation measures across Australia. This legislation aims to provide a framework for the protection of the environment, including flora, fauna, ecological communities, heritage places, and matters of national environmental significance. The Act was introduced to fill the gap in providing a unified approach to environmental protection at a national level, ensuring that biodiversity and ecological processes are preserved and managed sustainably. Enacted by the Australian Parliament, the policy objective of the EPBC Act is to balance environmental protection with economic and social considerations, promoting the sustainable use of natural resources while safeguarding Australia's unique biodiversity and ecosystems. The declaration of the Western Australian North Coast Prawn Managed Fisheries as an approved wildlife trade operation under the EPBC Act exemplifies the Act's intent to manage wildlife trade sustainably and ensure compliance with stringent environmental standards.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the operations of the Western Australian North Coast Prawn Managed Fisheries, which include the Western Australian Kimberley Prawn Managed Fishery, Western Australian Nickol Bay Prawn Managed Fishery, Western Australian Onslow Prawn Managed Fishery, and Western Australian Broome Prawn Managed Fishery, as regulated under the Fish Resources Management Act 1994 (WA) and Fish Resources Management Regulations 1995 (WA). This legislation does not apply to specimens that belong to taxa listed under sections 209 or 248 of the EPBC Act, nor to specimens that belong to eligible listed threatened species or taxa listed under section 303CA of the EPBC Act. The declaration extends to these fisheries until 28 May 2028 and is subject to specific conditions outlined in Schedule 1 of the declaration, including adherence to relevant fisheries management plans, annual reporting requirements, and the implementation of independent monitoring and data validation programs. These conditions ensure the fisheries are operated in a manner that is ecologically sustainable and complies with federal environmental protection standards.

Key Provisions

The key operative sections of this declaration (section 303FN) recognise the Western Australian North Coast Prawn Managed Fisheries as an approved wildlife trade operation. This declaration applies to the harvesting of fish specimens, or those derived from fish or invertebrates, taken in the specified fisheries, excluding certain listed species (sections 209, 248, and 303BC of the EPBC Act) and taxa listed under Australia's CITES List (section 303CA of the EPBC Act). This approval is contingent on compliance with specific conditions outlined in Schedule 1 of the declaration, including adherence to the management plans and notices specified in the Fish Resources Management Act 1994 (WA) and the Fish Resources Management Regulations 1995 (WA). The declaration is effective until 28 May 2028, and it is subject to conditions detailed in Schedule 1. The obligations imposed on the parties governed by this Act include ensuring that the fisheries are operated in accordance with specified management plans and notices (Condition 1). The Western Australian Department of Primary Industries and Regional Development is required to notify the Department of Climate Change, Energy, the Environment and Water of any significant changes to the fisheries management arrangements (Condition 2) or changes to relevant fisheries legislation (Condition 3). Additionally, the fisheries must produce annual reports (Condition 4) and implement independent monitoring and data validation (Condition 5) to ensure accurate reporting of interactions with endangered, threatened, and protected species. By 18 December 2026, an ecological risk assessment must be published (Condition 6), and by 30 July 2027, ecological risk mitigation measures must be developed and implemented (Condition 7). The declaration also specifies potential consequences for non-compliance. While the document does not explicitly outline penalties, breaches of the EPBC Act generally can lead to civil and criminal penalties. Civil penalties can include fines of up to $666,000 for individuals and $3.3 million for corporations, depending on the severity and repeat nature of the offence. Criminal penalties can include fines of up to $275,000 for individuals and $1.375 million for corporations, along with potential imprisonment. These penalties reflect the seriousness of non-compliance with environmental protection laws and the need to ensure the ecological sustainability of the fisheries.

Legal classification tags

Area of Law
Environmental Law
Instrument
Notifiable instrument
Concepts
Reporting & Disclosure Obligations
Enforcement Powers
Compliance Obligations
Prohibited Conduct
Definitions & Interpretation

Interactions

Authorises

All Versions

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.