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, 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 20 August 2021 for the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and the Southern Demersal Gillnet and Demersal Longline Managed Fishery, as defined in the management regime in force under the Fish Resources Management Act 1994 (WA), the Fish Resources Management Regulations 1995 (WA), Aquatic Resources Management Act 2016 (WA), the West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery Management Plan 1997, and Southern Demersal Gillnet and Demersal Longline Managed Fishery Management Plan 2018, such that the conditions specified in the Schedule to that declaration is varied as follows:
In Condition 2, delete the words
“The Western Australian Department of Primary Industries and Regional Development must inform the Department of Agriculture, Water and the Environment 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.”
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 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.”
In Condition 3, delete the words
“The Western Australian Department of Primary Industries and Regional Development must inform the Department of Agriculture, Water and the Environment of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.”
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 changes to fisheries legislation that may affect the legislative instruments relevant to this approval.”
In Condition 4, delete the words
“The Western Australian Department of Primary Industries and Regional Development must 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 6, delete the words
“By December 2022, the Western Australian Department of Primary Industries and Regional Development must ensure that all sharks retained by the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and the Southern Demersal Gillnet and Demersal Longline Managed Fishery are landed in a form that facilitates ready and reliable identification. This must include a prohibition on removal of fins and other morphological features that are necessary to identify species at the point of landing.”
and replace with the words
“By 1 February 2023, the Western Australian Department of Primary Industries and Regional Development must ensure that all sharks retained by the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and the Southern Demersal Gillnet and Demersal Longline Managed Fishery are landed in a form that facilitates ready and reliable identification. This must include a prohibition on removal of fins and other morphological features that are necessary to identify species at the point of landing.”
Dated this 22 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.