COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN SOUTH COAST PURSE SEINE MANAGED FISHERY, JULY 2023

I, BELINDA JAGO, Branch Head, Oceans 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 South Coast Purse Seine Managed Fishery as defined in the management regime in force under the:

• Fish Resources Management Act 1994 (WA)
• Fish Resources Management Regulations 1995 (WA)
• South Coast Purse Seine Managed Fishery Management Plan 1994 (WA),

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 05 July 2026, and

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

Dated this 17th day of July 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 South Coast Purse Seine Managed Fishery as an approved wildlife trade operation, July 2023

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 South Coast Purse Seine Managed Fishery:

Condition 1

Operation of the Western Australian South Coast Purse Seine Managed Fishery must be carried out in accordance with the South Coast Purse Seine Managed Fishery Management Plan 1994 in force under the Fish Resources Management Act 1994 (WA), and the Fish Resources Management Regulations 1995 (WA).

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 management arrangements for the Western Australian South Coast Purse Seine Managed Fishery 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 annual reports to the Department of Climate Change, Energy, the Environment and Water by December each year, 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 develop, publish and implement a formal harvest strategy for the small pelagic resource by July 2025. The harvest strategy must include performance indicators, risk thresholds, decision rules, and species- specific reference points that trigger pre-determined management actions to ensure sustainability.

Condition 6

The Western Australian Department of Primary Industries and Regional Development must continue the data collection and validation program in the Western Australian South Coast Purse Seine Managed Fishery. The information collected must be sufficient to reliably demonstrate the accuracy of reported catch, effort and protected species interaction data collected via logbooks.

Condition 7

The Western Australian Department of Primary Industries and Regional Development must:

a)      continue fishery-independent monitoring of protected species, including seabirds, for the Western Australian South Coast Purse Seine Managed Fishery and report on this monitoring to the Department of Climate Change, Energy, the Environment and Water as part of the annual reporting requirement referred to in Condition 4. The reports must include the number of mortalities, injuries and unharmed released protected species.

b)      continue the existing bycatch mitigation program measures, as set out in the Commercial fishing industry code of practice for responsible fishing.

c)      ensure all reasonable steps continue to be taken to minimise interactions with threatened, endangered and protected species, including flesh-footed shearwaters (Ardenna carneipes). Anomalous mortality incidents and any management actions taken as a result of these incidents must be described in annual reports referred to in Condition 4.