Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN PILBARA TRAP MANAGED FISHERY, DECEMBER 2022
I, SUSAN COOPER, acting Principal Director, Wildlife Trade Office, as Delegate of the Minister for the Environment and Water, hereby vary under paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the declaration of an approved wildlife trade operation dated 7 January 2021 for the Western Australian Pilbara Trap 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), such that the conditions specified in the Schedule to that declaration is varied as follows:
In Condition 1, delete the words
“Operation of the fishery will be carried out in accordance with the management regime under the Fish Resources Management Act 1994; Fish Resources Management Regulations 1995 (FRMR); FRMA Section 43 Order — Prohibition on Commercial Fishing for Demersal Scalefish (Pilbara Area) Order 1997; Prohibition on Fishing by Line from Fishing Boats (Pilbara Waters) Order 2006, and the Pilbara Trap Managed Fishery Management Plan 1992, in force under the Western Australian Fish Resources Management Act 1994. The Pilbara Trap Managed Fishery Management Plan 1992 will continue to operate in accordance with the Pilbara Trap Limited Entry Fishery Notice 1992 (management plan).”
and replace with the words
“Operation of the fishery will be carried out in accordance with the management regime under the Fish Resources Management Act 1994 (WA), Fish Resources Management Regulations 1995 (WA), and the Pilbara Trap Managed Fishery Management Plan 1992, in force under the Western Australian Fish Resources Management Act 1994 (WA). The Pilbara Trap Managed Fishery Management Plan 1992 will continue to operate in accordance with the Pilbara Trap Limited Entry Fishery Notice 1992 (management plan).”
In Condition 2, delete the words
“The Western Australian Department of Primary Industries and Regional Development to inform the Department of Agriculture, Water and the Environment, of any intended material changes to the Pilbara Trap Managed Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.”
and replace with the words
“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 Pilbara Trap Managed Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.”
In Condition 3, delete the words
“The Western Australian Department of Primary Industries and Regional Development to produce and present reports to the Department of Agriculture, Water and the Environment annually as per Appendix B of the ‘Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition’.”
and replace with the words
“The Western Australian Department of Primary Industries and Regional Development must produce and present reports to the Department of Climate Change, Energy, the Environment and Water annually as per Appendix B of the ‘Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition’.”
In Condition 4, delete the words
“By 31 December 2022, the Western Australian Department of Primary Industries and Regional Development, are to:
a) improve logbook data collection by including reporting of condition TEP status (i.e. alive, dead, unknown) at a species level.
b) develop TEP species identification material to provide to fishers to assist with improved species identification.”
and replace with the words
“By 30 June 2023, the Western Australian Department of Primary Industries and Regional Development, must:
a) improve logbook data collection by including reporting of protected species status (i.e. alive, dead, unknown) at a species level
b) develop protected species identification material to provide to fishers to assist with improved species identification.”
In Condition 5, delete the words
“By 31 December 2022, the Western Australian Department of Primary Industries and Regional Development, are to:
a) conduct an Ecological Risk Assessment (ERA) for the Pilbara Trap Fishery, involving engagement with relevant stakeholders.
b) review the Northern Demersal Scalefish Resource Harvest Strategy, incorporating any relevant recommendations/outcomes from the 2021 ERA.
c) develop a Bycatch Action Plan for the Pilbara Trap Fishery, should the ERA identify any unacceptable risks to bycatch species (including TEPs).”
and replace with the words
“By 30 June 2023, the Western Australian Department of Primary Industries and Regional Development must:
a) conduct an ecological risk assessment for the Pilbara Trap Fishery, involving engagement with relevant stakeholders;
b) commence a review of the Northern Demersal Scalefish Resource Harvest Strategy, incorporating any relevant recommendations/outcomes from the ecological risk assessment.”
Dated this 21 day of December 2022
Susan Cooper
…………………………………..
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, Telephone: (02) 5156 3278 Email: sustainablefisheries@dcceew.gov.au.