Declaration of an Approved Wildlife Trade Operation – Western Australian Pilbara Fish Trawl Interim Managed Fishery, August 2021

Declaration of an Approved Wildlife Trade Operation – Western Australian Pilbara Fish Trawl Interim Managed Fishery, August 2021

made under section 303FN of the

Environment Protection and Biodiversity Conservation Act 1999

Compilation No. 3

Compilation date: 2 February 2024

Includes amendments: F2024N00118

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

About this compilation

This compilation

This is a compilation of the Declaration of an Approved Wildlife Trade Operation – Western Australian Pilbara Fish Trawl Interim Managed Fishery, August 2021 that shows the text of the law as amended and in force on 02/02/2024 (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. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

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.

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. For more information on any modifications, see the Register for the compiled law.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 PILBARA FISH TRAWL INTERIM MANAGED FISHERY, AUGUST 2021

I, LAURA TIMMINS, Senior Director, Wildlife Trade Office, as Delegate of the Minister for the Environment, 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 Pilbara Fish Trawl Interim Managed Fishery as defined in the management regime in force under the Fish Resources Management Act 1994 (WA), the Fish Resources Management Regulations 1995 (WA), Aquatic Resources Management Act 2016 (WA), the Pilbara Fish Trawl Interim Managed Fishery Management Plan 1997, and the Fisheries Management (Ocean Trawl Management Plan) Regulation 2006, but not including:

(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 19 August 2024 and;

b) is subject to the conditions applied under section 303FT specified in Schedule 1.

Notes:

1. 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 Agriculture, Water and the Environment 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, Wildlife Trade Assessments Section, Department of Agriculture, Water and the Environment, Telephone: 02 6274 1715 Email: sustainablefisheries@awe.gov.au.

2. Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Australia’s CITES list under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia’s CITES Scientific Authority has issued a non-detriment finding for that species. Further information, including a list of species for which non detriment findings have been issued and the fisheries from which they may be sourced, is available from htttp://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally-endangered-plants-and-animals-cites/how-export.

Schedule 1

Part 13A conditions to the Western Australian Department of Primary Industries and Regional Development on the approved wildlife trade operation declaration for the Western Australian Pilbara Fish Trawl Interim Managed Fishery - August 2021

Condition 1:

Operation of the Western Australian Pilbara Fish Trawl Interim Managed Fishery must be carried out in accordance with the management arrangements specified in the Fish Resources Management Act 1994 (WA), Fish Resources Management Regulations 1995 (WA), the Aquatic Resources Management Act 2016 (WA), the Pilbara Fish Trawl Interim Managed Fishery Management Plan 1997, and the Fisheries Management (Ocean Trawl Management Plan) Regulation 2006 .

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 Pilbara Fish Trawl Interim 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 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 present reports to the Climate Change, Energy, the Environment and Water annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.

Condition 5:

By February 2024, the Western Australian Department of Primary Industries and Regional Development must report to the Department of Climate Change, Energy, the Environment and Water on progress towards the ecological risk assessment for the North Coast Demersal Scalefish Resource. The report must provide information on the interim ecological risk mitigation measures being taken to minimise the impact of the fishery on all target and non-target species and habitats. The report must include a description of progress towards development and implementation of a rebuilding strategy for depleted or overfished stocks.

Condition 7:

The Western Australian Department of Primary Industries and Regional Development to review the resilience of Sawfish and Dolphin populations to trawl fishing activities.

Condition 8:

By February 2024, the Western Australian Department of Primary Industries and Regional Development must formalise a policy to support the existing electronic monitoring program for the Western Australian Pilbara Fish Trawl Interim Managed Fishery. This must include information on the frequency, and proportion of video data analysed, for independent review, to verify bycatch and reported rates of protected species interactions.

The findings from data collection and monitoring to be included in the annual reports provided to the Department of Climate Change, Energy, the Environment and Water.

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.

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