Declaration of an Approved Wildlife Trade Operation – Western Australian West Coast Purse Seine Managed Fishery and Development Zones, March 2023

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

Legislation au F2023N00054 Not in force Notifiable Instrument

Legislation content

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.

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a unified approach to the protection of Australia’s environment, including biodiversity conservation and sustainable development. This Act provides a framework for the protection of matters of national environmental significance, including endangered species and ecological communities, and aims to ensure that decision-making processes consider their impact on the environment. The EPBC Act was introduced to fill the gap left by fragmented environmental protection laws across various jurisdictions and to provide a cohesive national strategy for environmental management. Enacted by the Parliament of Australia, the policy objective of the EPBC Act is to promote the ecologically sustainable use and development of natural resources, while protecting the environment and heritage of Australia. In March 2023, a declaration was issued under the EPBC Act, recognising the operations for the harvesting of fish and invertebrate specimens in the Western Australian West Coast Purse Seine Managed Fishery and Development Zones as an approved wildlife trade operation. This declaration aims to ensure that the operations comply with ecological sustainability standards, excluding certain protected species as specified under the Act. The declaration imposes specific conditions on the management and reporting requirements for these operations, including adherence to relevant fisheries legislation, the implementation of a harvest strategy, and the production of annual reports to monitor the ecological impact of the fishery.

Scope and Application

The declaration by Adam Sincock, Principal Director, Wildlife Trade Office, as Delegate of the Minister for the Environment and Water, under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) recognises the operations for the harvesting of specimens derived from fish or invertebrates in the Western Australian West Coast Purse Seine Managed Fishery and Development Zones as an approved wildlife trade operation. This declaration applies to the Department of Primary Industries and Regional Development Western Australia and its operations within the specified fishery and development zones, excluding any specimens that belong to taxa listed under sections 209, 248, 303BC, and 303CA of the EPBC Act. The geographical scope of this declaration is limited to the Western Australian West Coast Purse Seine Managed Fishery and Development Zones. The declaration is valid until 3 February 2026 and is subject to specific conditions outlined in Schedule 1, which include compliance with specified fisheries legislation, reporting requirements, and the implementation of a formal harvest strategy and data collection program. The declaration does not extend to specimens belonging to listed threatened species or those regulated under international conventions such as CITES. Affected parties may seek a statement of reasons or independent review of the decision within 28 days of the declaration date.

Key Provisions

Section 303FN(2) and paragraph 303FN(10)(d) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) empowers the Principal Director, Wildlife Trade Office, to 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 an approved wildlife trade operation. This declaration applies to operations excluding those involving specimens of species listed under section 209 (Australia’s List of Migratory Species), section 248 (Australia’s List of Marine Species), or section 303BC and 303CA (eligible listed threatened species and Australia’s CITES List) of the EPBC Act. The declaration is valid until 3 February 2026 and is subject to the conditions outlined in Schedule 1 of the declaration. The obligations imposed on the Western Australian Department of Primary Industries and Regional Development include operating the fishery in compliance with the West Coast Purse Seine Limited Entry Fishery Notice 1989, the Prohibition on Fishing (purse seining) Order 2017, and the Fish Resources Management Act 1994 (WA) and Fish Resources Management Regulations 1995 (WA). They must also inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the management arrangements or fisheries legislation that could impact the assessment against which EPBC Act decisions are made. Additionally, they are required to produce and present annual reports consistent with the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition, develop and implement a formal harvest strategy by July 2025, and implement a data collection and validation program to ensure the accuracy of reported catch, effort, and protected species interaction data. Failure to comply with the obligations and conditions specified in the declaration may result in civil or criminal penalties. Under the EPBC Act, an individual or corporation found guilty of an offence may be subject to fines and imprisonment. The maximum penalties for offences under the EPBC Act can include fines of up to $66,000 for individuals and $330,000 for corporations, along with imprisonment terms that can extend up to several years, depending on the severity of the offence. Additionally, the Department of Climate Change, Energy, the Environment and Water has the authority to revoke the declaration if it determines that the operations are no longer meeting the requirements of the EPBC Act or if there is a failure to adhere to the specified conditions.

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Environmental Law
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Notifiable instrument
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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.