COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN WEST COAST PURSE SEINE MANAGED FISHERY AND DEVELOPMENT ZONES, MARCH 2023
I, ADAM SINCOCK, Principal Director, Wildlife Trade Office, 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 Department of Primary Industries and Regional Development Western Australia 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 Purse Seine Managed Fishery and Development Zones as defined in the management regime in force under the:
- Fish Resources Management Act 1994 (WA)
- Fish Resources Management Regulations 1995 (WA)
- West Coast Purse Seine Limited Entry Fishery Notice 1989
- Prohibition on Fishing (Purse Seining) Order 2017,
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 3 February 2026, and
b) is subject to the conditions applied under section 303FT specified in Schedule 1.
Dated this 10th day of March 2023
………….…….Adam Sincock…………………………………
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 West Coast Purse Seine Managed Fishery and Development Zones as an approved wildlife trade operation, March 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 West Coast Purse Seine Managed Fishery and Development Zones:
Condition 1:
Operation of the Western Australian West Coast Purse Seine Managed Fishery and Development Zones must be carried out in accordance with the West Coast Purse Seine Limited Entry Fishery Notice 1989, the Prohibition on Fishing (purse seining) order 2017, the Fish Resources Management Act 1994 (WA) and 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 the Western Australian West Coast Purse Seine Managed Fishery and Development Zones 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 present annual reports to the Department of Climate Change, Energy, the Environment and Water, by December each year with the first annual report required by December 2023. These reports must be consistent with 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 and implement a formal harvest strategy for the Western Australian West Coast Purse Seine Managed Fishery and Development Zones and present a copy to the Department of Climate Change, Energy, the Environment and Water 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:
By July 2025, the Western Australian Department of Primary Industries and Regional Development must implement a data collection and validation program in the Western Australian West Coast Purse Seine Managed Fishery and Development Zones. This may involve the use of electronic monitoring, onboard observers, or other means.
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:
By July 2025, the Western Australian Department of Primary Industries and Regional Development must:
a) review all available information on the extent of bycatch and interactions with protected species in the Western Australian West Coast Purse Seine Managed Fishery and Development Zones and determine whether updates are required to the ecological risk assessments and ecological risk mitigation measures for the fishery.
b) report on the outcomes of the review to the department of Climate Change, Energy, the Environment and Water.