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Declaration of an Approved Wildlife Trade Operation – Western Australian South Coast Purse Seine Managed Fishery, July 2023

Declaration of an Approved Wildlife Trade Operation – Western Australian South Coast Purse Seine Managed Fishery, July 2023

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

Legislation au F2023N00216 Not 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 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

(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

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.

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 to ensure that ecologically sustainable development is achieved. The Act addresses the gap in existing legislation by providing a comprehensive framework for the protection and management of the environment, including wildlife, ecosystems, and heritage places. Enacted by the Parliament of Australia, the EPBC Act aims to ensure that development and other activities do not significantly harm the environment. The declaration by Belinda Jago, as the delegate of the Minister for the Environment and Water, recognises the Western Australian South Coast Purse Seine Managed Fishery's operations as an approved wildlife trade operation under the EPBC Act, subject to specified conditions designed to maintain ecological sustainability and protect endangered species. The declaration confirms that the fishery operations comply with the requirements of the EPBC Act, ensuring they do not adversely affect listed migratory species, marine species, threatened species, or species protected under CITES. The approved status is contingent on adherence to the South Coast Purse Seine Managed Fishery Management Plan and the Fish Resources Management Act and Regulations of Western Australia. Furthermore, the declaration imposes several conditions to monitor and regulate the fishery's impact on the environment, including the submission of annual reports, ongoing data collection, and the implementation of a harvest strategy to ensure the long-term sustainability of the fishery resources. These measures aim to balance the economic interests of the fishery with the imperative to protect and conserve Australia's marine biodiversity.

Scope and Application

The declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains to the approval of wildlife trade operations associated with the Western Australian South Coast Purse Seine Managed Fishery. This operation involves the harvesting of specimens derived from fish or invertebrates, excluding those belonging to taxa listed under various sections of the EPBC Act, including Australia’s List of Migratory Species, Australia’s List of Marine Species, and Australia’s CITES List, as well as specimens from eligible listed threatened species. The declaration applies to the operations conducted under the Fish Resources Management Act 1994 (WA) and Fish Resources Management Regulations 1995 (WA), as specified in the South Coast Purse Seine Managed Fishery Management Plan 1994 (WA). The approval is valid until 5 July 2026 and is subject to conditions outlined in Schedule 1, which include adherence to the management plan, reporting requirements, and ongoing monitoring and mitigation measures to ensure ecological sustainability. This declaration is made under the authority of the Minister for the Environment and Water, with the option for affected parties to seek a statement of reasons or an independent review within 28 days of the declaration date.

Key Provisions

The declaration under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) recognises the Western Australian South Coast Purse Seine Managed Fishery as an approved wildlife trade operation. This approval is granted for the harvesting of fish and invertebrate specimens, excluding those listed under specific sections of the EPBC Act such as Australia's List of Migratory Species, Australia’s List of Marine Species, eligible listed threatened species, and Australia’s CITES List. The operations are valid until 5 July 2026 and are subject to specific conditions detailed in Schedule 1. The Act imposes several obligations on the parties involved. The Western Australian Department of Primary Industries and Regional Development must adhere to the South Coast Purse Seine Managed Fishery Management Plan 1994 and the Fish Resources Management Regulations 1995. It must also notify the Department of Climate Change, Energy, the Environment and Water of any significant changes to management arrangements or fisheries legislation that might impact the assessment against which EPBC Act decisions are made. Additionally, the Department must produce annual reports detailing the fishery's ecological sustainability and develop a comprehensive harvest strategy for small pelagic resources by July 2025. The Department is also required to maintain a data collection and validation program and continue with fishery-independent monitoring of protected species. Failure to comply with the conditions specified in the declaration can lead to several consequences. The Western Australian Department of Primary Industries and Regional Development must report any intended material changes to management arrangements or fisheries legislation to the Department of Climate Change, Energy, the Environment and Water. Any breaches of the specified conditions could result in the revocation of the approved wildlife trade operation status, which could have significant implications for the fishery's operations. Additionally, if the Department fails to implement the required monitoring and reporting mechanisms, it could face penalties under the EPBC Act, including fines and other enforcement actions. These obligations are critical to ensuring the sustainable management of the fishery and the protection of marine biodiversity.

Area of Law: Environmental Law
Instrument: Notifiable instrument
Concepts: Reporting & Disclosure Obligations; Compliance Obligations; Enforcement Powers; Licensing & Registration

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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.

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