Declaration of an Approved Wildlife Trade Operation – Western Australian Pilbara Trap Managed Fishery – January 2024

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

Legislation au F2023N00619 In force Notifiable Instrument

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COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN PILBARA TRAP MANAGED FISHERY – JANUARY 2024
I, BELINDA JAGO, 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 Pilbara Trap Managed Fishery as defined in the management regime in force under the:
  • Fish Resources Management Act 1994 (WA),
  • Fish Resources Management Regulations 1995,
  • Fish Resources Management Act 1994 Section 43 Order – Prohibition on Commercial Fishing for Demersal Scalefish (Pilbara Area) Order 1997 and Prohibition on Fishing by Line from Fishing Boats (Pilbara Waters) Order 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.

This declaration commences on 7 January 2024.

Unless amended or revoked, this declaration:

a)              is valid until 7 January 2027, and

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

Dated this 11th day of December 2023

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 Trap Managed Fishery as an approved wildlife trade operation, January 2024

ADDITIONAL PROVISIONS (section 303FT)

Relating to the harvesting of 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 Trap Managed Fishery:

Condition 1

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; Fish Resources Management Act 1994 Section 43 Order - Prohibition on Commercial Fishing for Demersal Scalefish (Pilbara Area) Order 1997 and Prohibition on Fishing by Line from Fishing Boats (Pilbara Waters) Order 2006; and the Pilbara Trap Limited Entry Fishery Notice 1992 (management plan).

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 Trap 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 Trap Managed Fishery 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.

Condition 5

a) By 10 January 2025, the Western Australian Department of Primary Industries and Regional development must provide the Department of Climate Change, Energy, the Environment and Water with a Harvest Strategy Recovery Plan for the Pilbara Demersal Scalefish Resource.

b) The Department of Primary Industries and Regional Development must provide the Department of Climate Change, Energy, the Environment and Water the results of any stock assessments of indicator and retained non-indicator species, or report to the department on any indicators of recovery or ongoing depletion, for species in the Pilbara Demersal Scalefish Resource.

Condition 6

By 7 July 2026, the Western Australian Department of Primary Industries and Regional Development must implement independent data collection in the fishery to provide updated information on catch composition (including discards) and protected species interactions. This may involve the use of onboard observers, surveys, electronic monitoring or other means. The information collected and spatial/temporal coverage must be sufficient to reliably demonstrate the accuracy of reported catch (including discards), effort and protected species interaction data collected via logbooks.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the nation's biodiversity and matters of national environmental significance. The Act was introduced to address the need for a comprehensive legislative framework to safeguard Australia's natural environment, including its unique flora and fauna, ecosystems, and cultural heritage sites. The Act is administered by the Commonwealth Government, with the Minister for the Environment and Water as the responsible authority. The policy objective of the Act is to ensure that the conservation and sustainable use of biodiversity and ecosystems are integrated into decision-making processes at all levels of government and in the private sector. In line with this objective, the Minister has declared the operations for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the Western Australian Pilbara Trap Managed Fishery, as an approved wildlife trade operation under section 303FN of the EPBC Act. The declaration is subject to certain conditions aimed at ensuring that the fishery is managed in an ecologically sustainable manner and does not harm any species listed under the EPBC Act. The declaration is intended to provide certainty to the fishery operators while ensuring that appropriate measures are in place to protect the environment and biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the declaration of approved wildlife trade operations, which applies to the specified entities and activities within the Western Australian Pilbara Trap Managed Fishery. This Act is a Commonwealth legislation, thus its jurisdiction extends across the national territory of Australia. The declaration issued pertains to the harvesting operations of fish and invertebrate specimens taken in the Pilbara Trap Managed Fishery, excluding those belonging to taxa listed under sections 209, 248, 303BC, and 303CA of the EPBC Act, which include Australia’s List of Migratory Species, Australia’s List of Marine Species, eligible listed threatened species, and Australia’s CITES List, respectively. The declaration is valid from 7 January 2024 until 7 January 2027, unless revoked or amended earlier, and is subject to specific conditions outlined in Schedule 1. These conditions mandate compliance with the management regime under the Fish Resources Management Act 1994 and associated regulations, require notifications of changes to management arrangements or relevant legislation, mandate annual reporting, and stipulate the need for a Harvest Strategy Recovery Plan and implementation of independent data collection methods by specified dates.

Key Provisions

The declaration issued under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) identifies the operations of the Western Australian Pilbara Trap Managed Fishery as an approved wildlife trade operation. This declaration (section 303FN(10)(d)) covers the harvesting of fish or invertebrate specimens, excluding those listed under specific sections of the EPBC Act (sections 209, 248, 303BC, and 303CA). This declaration is valid from 7 January 2024 until 7 January 2027 and is subject to additional conditions outlined in Schedule 1. The operations must comply with the management regime under the Fish Resources Management Act 1994 and associated regulations, ensuring the ecological sustainability of the fishery. The obligations imposed by this declaration on the Western Australian Department of Primary Industries and Regional Development include adherence to the specified management regime and compliance with the reporting requirements. Specifically, the Department must inform the Department of Climate Change, Energy, the Environment and Water of any material changes to the fishery management arrangements or relevant fisheries legislation. Additionally, annual reports on the fishery must be submitted, and a Harvest Strategy Recovery Plan for the Pilbara Demersal Scalefish Resource must be provided by 10 January 2025. Furthermore, by 7 July 2026, independent data collection must be implemented to provide updated information on catch composition and interactions with protected species. Breach of the conditions outlined in the declaration may result in civil or criminal consequences. While the specific penalties are not detailed within the declaration itself, it is understood that violations of the EPBC Act can lead to substantial fines and potential imprisonment. The maximum penalties for offences under the EPBC Act can include fines of up to $1.1 million for corporations and $220,000 for individuals, alongside imprisonment terms that can extend up to several years, depending on the severity of the breach. The declaration also provides avenues for those affected by the decision to seek a statement of reasons and apply for independent review through the Administrative Appeals Tribunal.

Legal classification tags

Area of Law
Environmental Law
Instrument
Notifiable instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Compliance Obligations
Catchwords
Approved wildlife trade operation

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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.