Declaration of an Approved Wildlife Trade Operation – Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and the Southern Demersal Gillnet and Demersal Longline Managed Fishery, August 2024

Declaration of an Approved Wildlife Trade Operation – Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and The Southern Demersal Gillnet and Demersal Longline Managed Fishery, August 2024

made under section 303FN of the

Environment Protection and Biodiversity Conservation Act 1999

Compilation No. 2

Compilation date: 16 May 2026

Includes amendments: F2026N00316

About this compilation

This compilation

This is a compilation of the Declaration of an Approved Wildlife Trade Operation – Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and The Southern Demersal Gillnet and Demersal Longline Managed Fishery, August 2024 that shows the text of the law as amended and in force on 16 May 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN WEST COAST DEMERSAL GILLNET AND DEMERSAL LONGLINE INTERIM MANAGED FISHERY AND THE SOUTHERN DEMERSAL GILLNET AND DEMERSAL LONGLINE MANAGED FISHERY, AUGUST 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, public comments on the proposal as required under section 303FR 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 West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and the Western Australian Southern Demersal Gillnet and Demersal Longline Managed Fishery as defined in the management regime in force under the:

 Fish Resources Management Act 1994 (WA)

 Fish Resources Management Regulations 1995 (WA)

 West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery Management Plan 1997

 Southern Demersal Gillnet and Demersal Longline Managed Fishery Management Plan 2018,

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), except for bronze whaler (Carcharhinus brachyurus), spinner shark (Carcharhinus brevipinna), bull shark (Carcharhinus leucas), common blacktip shark (Carcharhinus limbatus), Australian blacktip shark (Carcharhinus tilstoni), dusky shark (Carcharhinus obscurus), sandbar shark (Carcharhinus plumbeus), sicklefin lemon shark/sharptooth lemon shark (Negaprion acutidens), blue shark (Prionace glauca), scalloped hammerhead shark (Sphyrna lewini), great hammerhead shark (Sphyrna mokarran), and smooth hammerhead shark (Sphyrna zygaena),

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 18 August 2027, and

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

Notes:

1. 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.

2. Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Australia’s CITES list under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia’s CITES Scientific Authority has issued a non-detriment finding for that species. Further information is available from https://www.dcceew.gov.au/environment/wildlife-trade/cites.

Schedule 1

Declaration of the harvest operations of the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and the Southern Demersal Gillnet and Demersal Longline Managed Fishery as an approved wildlife trade operation, August 2024

Condition 1

Operation of the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and Southern Demersal Gillnet and Demersal Longline Managed Fishery (collectively known as the Western Australian Temperate Demersal Gillnet and Demersal Longline Fishery (the fishery)) must be carried out in accordance with the management arrangements specified in the Fish Resources Management Act 1994 (WA), Fish Resources Management Regulations 1995 (WA), and the Southern Demersal Gillnet and Demersal Longline Managed Fishery Management Plan 2018 and West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery Management Plan 1997.

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 West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and the Southern Demersal Gillnet and Demersal Longline 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 Temperate Demersal Gillnet and Demersal Longline fisheries to the Department of Climate Change, Energy, the Environment and Water by December annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

For species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) there are additional reporting requirements to provide species-specific data on each CITES listed species harvested (retained or discarded) in the fishery annually. This reporting must include any information of the post release survival of discarded catch, where available.

Condition 5

The Western Australian Department of Primary Industries and Regional Development must, by 1 June 2027, develop and implement independent monitoring and data validation that is representative of the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and the Southern Demersal Gillnet and Demersal Longline Managed Fishery. The information collected must be sufficient to reliably demonstrate the accuracy of endangered, threatened and protected species interaction data collected via logbooks.

Condition 6

The Department of Primary Industries and Regional Development must ensure the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and the Southern Demersal Gillnet and Demersal Longline Managed Fishery operate in accordance with the Australian Sea Lion Recovery Plan. A report on compliance with the recovery plan must be provided to the Department of Climate Change, Energy, the Environment and Water by 1 February 2027.

Condition 7

Condition revoked.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history