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 2024
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 Pilbara Fish Trawl Interim Managed Fishery as defined in the management regime in force under the:
- Fish Resources Management Act 1994 (WA)
- Fish Resources Management Regulations 1995 (WA)
- Pilbara Fish Trawl Interim Managed Fishery Management Plan 1997,
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 18 August 2027 and;
b) is subject to the conditions applied under section 303FT specified in Schedule 1.
Dated this 13th day of August 2024
BELINDA JAGO
………….…….…………………………………
Delegate of the Minister for the Environment and Water
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 Pilbara Fish Trawl Interim Managed Fishery as an approved wildlife trade operation, August 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 Pilbara Fish Trawl Interim Managed Fishery:
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), and the Pilbara Fish Trawl Interim Managed Fishery Management Plan 1997.
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 provide reports on the Western Australian Pilbara Fish Trawl Interim 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:
a) by 1 December 2025, develop and implement independent monitoring and data validation that is representative of the Western Australian Pilbara Fish Trawl Interim Managed Fishery. The information collected must be sufficient to reliably demonstrate the accuracy of endangered, threatened and protected species interaction data collected via logbooks.
b) by 1 February 2027, report outcomes of Condition 5a to the Department of Climate Change, Energy, the Environment and Water, which includes a summary of the level of coverage across the fishery, protected species interactions and validation of logbooks with independent data.
c) by 1 February 2027, develop and implement an expanded independent monitoring program framework that is representative of the Western Australian Pilbara Fish Trawl Interim Managed Fishery and will capture information on catch composition (including bycatch) and validate the accuracy of reported catch.
Condition 6
The Western Australian Department of Primary Industries and Regional Development must ensure the Pilbara Fish Trawl Interim Managed Fishery operates in accordance with the Sawfish and River Sharks Multispecies Recovery Plan. A report on compliance with the recovery plan must be provided to the Department of Climate Change, Energy, the Environment and Water by 1 February 2027.
Condition 7
a) By 1 February 2025, the Western Australian Department of Primary Industries and Regional Development must implement a Harvest Strategy Recovery Plan for the Pilbara Demersal Scalefish Resource to ensure recovery of depleted stocks.
b) 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 of the recovery strategy for depleted stocks in annual reports referred to in Condition 4.
Condition 8
By December 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 updated North Coast Demersal Scalefish Resource Harvest Strategy, which includes ecological impacts of all commercial and recreational fisheries accessing the resource and an updated bycatch action plan.
Condition 9
a) By 31 October 2025, the Western Australian Department of Primary Industries and Regional Development must publish an ecological risk assessment of the Western Australian Pilbara Fish Trawl Interim Managed Fishery, which considers the impacts of the fishery on all target and nontarget species, habitats, and other ecological processes.
b) By 31 October 2026, the Western Australian Department of Primary Industries and Regional Development must develop and implement mitigation measures to address all risks identified as being at high or severe risk identified in the ecological risk assessment.