COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN NORTHERN DEMERSAL SCALEFISH MANAGED FISHERY, JANUARY 2025
I, MATT FLOOD, A/g 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, 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 Northern Demersal Scalefish Managed Fishery as defined in the management regime specified in the Northern Demersal Scalefish Managed Fishery Management Plan 2000 in force under the Fish Resources Management Act 1994 (WA), and the Fish Resources Management Regulations 1995 (WA), but not including:
- specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or
- specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or
- specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
- 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:
- is valid until 20 January 2028 and;
- is subject to the conditions applied under section 303FT specified in Schedule 1.
Dated this 20 day of January 2025
MATT FLOOD
………….…….…………………………………
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 Northern Demersal Scalefish Managed Fishery as an approved wildlife trade operation, January 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 Northern Demersal Scalefish Managed Fishery:
Condition 1
Operation of the Western Australian Northern Demersal Scalefish Managed Fishery must be carried out in accordance with the management arrangements specified in the Northern Demersal Scalefish Managed Fishery Management Plan 2000 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 Northern Demersal Scalefish 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 to the Department of Climate Change, Energy, the Environment and Water by 20 December annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.
Condition 5
By 15 December 2025, the Western Australian Department of Primary Industries and Regional Development must publish the results of any stock assessments of indicator and retained non-indicator species in the Kimberley Demersal Scalefish Resource, and report to the Department of Climate Change, Energy, the Environment and Water on any indicators of recovery or ongoing depletion.
Condition 6
The Western Australian Department of Primary Industries and Regional Development must:
a) by 15 December 2025, publish an ecological risk assessment for the Western Australian Northern Demersal Scalefish Managed Fishery, which considers the impacts of the fishery on all target and non-target species, habitats, and the broader ecosystem.
b) by 15 December 2026, 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.