Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN SOUTH COAST CRUSTACEAN 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 21 January 2021 for the Western Australian South Coast Crustacean 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 Western Australian South Coast Crustacean Managed Fishery will be carried out in accordance with the South Coast Crustacean Managed Fishery Management Plan 2015, in force under the Fish Resources Management Act 1994; the Fish Resources Management Regulations 1995 (FRMR); and the FRMA Section 43 Order.”
and replace with the words
“Operation of the Western Australian South Coast Crustacean Managed Fishery will be carried out in accordance with the South Coast Crustacean Managed Fishery Management Plan 2015, in force under the Fish Resources Management Act 1994 (WA) and the Fish Resources Management Regulations 1995 (WA).”
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 Western Australian South Coast Crustacean 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 Western Australian South Coast Crustacean 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 to:
a) finalise and implement a formal harvest strategy for the fishery, including objectives and performance criteria by which the effectiveness of the management arrangements is measured.”
and replace with the words
“By September 2023, the Western Australian Department of Primary Industries and Regional Development must develop a harvest strategy for the fishery, including objectives and performance criteria by which the effectiveness of the management arrangements is measured.”
In Condition 5, delete the words
“By 31 December 2022, the Western Australian Department of Primary Industries and Regional Development to:
a) ensure finer-scale catch and effort data obtained through the Trip Returns is used to inform annual stock assessments and factored into appropriate management responses.
b) continue investigations into stock sustainability in all fishing zones and develop short and long term management measures aimed at rebuilding stock abundance levels.
The Western Australian Department of Primary Industries and Regional Development must provide progress updates on the above to the Department of Agriculture, Water and the Environment, through the annual reporting process detailed in condition 3.”
and replace with the words
“By 31 July 2023, the Western Australian Department of Primary Industries and Regional Development must:
a) ensure finer-scale catch and effort data obtained through the Trip Returns is used to inform annual stock assessments and factored into appropriate management responses.
b) continue investigations into stock sustainability in all fishing zones and develop short and long term management measures aimed at rebuilding stock abundance levels.
The Western Australian Department of Primary Industries and Regional Development must provide progress updates on the above to the Department of Climate Change, Energy, the Environment and Water, through the annual reporting process detailed in condition 3.”
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.