Declaration of an Approved Wildlife Trade Operation – Western Australian South Coast Trawl Fishery, May 2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and conserve Australia's biodiversity and manage the impacts of developments and activities on the environment. The Act provides for the protection of threatened species, their habitats, and other ecological communities, as well as the regulation of international and interstate wildlife trade. The EPBC Act is administered by the Commonwealth Government, and its policy objectives include the conservation of biodiversity, sustainable use of natural resources, and the integration of environmental considerations into decision-making processes. The declaration of an approved wildlife trade operation for the Western Australian South Coast Trawl Fishery under the EPBC Act aims to ensure that the harvesting of fish and invertebrate specimens is conducted in an ecologically sustainable manner, while excluding certain protected species as specified in the Act. The declaration, issued by Belinda Jago, the Delegate of the Minister for the Environment and Water, acknowledges the application from the Western Australian Department of Primary Industries and Regional Development and considers the public comments and ecological sustainability advice. The operations for the harvesting of specimens derived from fish or invertebrates in the Western Australian South Coast Trawl Fishery are declared as an approved wildlife trade operation, subject to specific exclusions and conditions aimed at ensuring compliance with the EPBC Act and other relevant legislation. The declaration is valid until 21 May 2028 and is subject to conditions specified in Schedule 1, which include adherence to management arrangements, reporting requirements, and the development of a harvest strategy. The decision may be subject to review under the Administrative Review Tribunal Act 2024.

Scope and Application

The declaration issued under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains to the Western Australian South Coast Trawl Fishery's operations, specifically the harvesting of fish and invertebrate specimens that are not included in the Australia's List of Migratory Species, Australia's List of Marine Species, listed threatened species, or Australia's CITES List. This declaration applies to the operations conducted under the Fish Resources Management Act 1994 (WA) and Fish Resources Management Regulations 1995 (WA), excluding certain listed taxa. Geographically, the declaration operates within the Commonwealth jurisdiction but specifically targets the fishery activities in Western Australia. The declaration is subject to conditions that mandate compliance with existing management arrangements, notification of any material changes to these arrangements or relevant legislation, and the production of annual reports and a harvest strategy. The declaration remains valid until 21 May 2028, unless revoked or amended, and is subject to review under the Administrative Review Tribunal Act 2024.

Key Provisions

The main operative sections of this notifiable instrument declare the Western Australian South Coast Trawl Fishery as an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303FN). This declaration permits the operations of the fishery to continue, provided they adhere to specific conditions outlined in Schedule 1. These conditions ensure that the fishery does not adversely impact listed species such as migratory species, marine species, threatened species, or species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (section 209, 248, 303BC, and 303CA of the EPBC Act). The obligations imposed by this declaration on the parties involved, particularly the Western Australian Department of Primary Industries and Regional Development, include several key requirements. Firstly, the operations must comply with the management arrangements under the Fish Resources Management Act 1994 (WA) and the Fish Resources Management Regulations 1995 (WA) (Condition 1). Secondly, the department must notify the Department of Climate Change, Energy, the Environment and Water of any material changes to the fishery management arrangements that could affect the EPBC Act decisions (Condition 2). Additionally, they must report on any legislative changes impacting relevant instruments (Condition 3) and submit annual reports by December (Condition 4). The department is also required to conduct independent monitoring of the fishery by October 31, 2026, to provide updated bycatch and protected species interaction data (Condition 5). Finally, a harvest strategy must be developed and published by December 20, 2027, including objectives and performance criteria to measure management effectiveness (Condition 6). Failure to comply with the conditions specified in this declaration may result in legal consequences. Breaches of the conditions could lead to the revocation of the approval, which would effectively halt the approved wildlife trade operations. This could have significant ramifications for the Western Australian South Coast Trawl Fishery, potentially resulting in its closure or requiring significant adjustments to meet the conditions. Additionally, any person whose interests are affected by this decision may apply for a statement of reasons and for independent review of the decision under the Administrative Review Tribunal Act 2024. These applications must be made within 28 days of the date of the declaration or within 28 days of receipt of reasons if applying for reasons.