COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

Revocation of Accreditation of a Plan, Regime or Policy for the purposes of Part 13

Accreditation of a Plan, Regime or Policy for the purposes of Part 13

I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment:

a)      revoke, under subsection 33(3) of the Acts Interpretation Act 1901, the accreditation of the management regime for the Western Australian West Coast Rock Lobster Managed Fishery dated 28 May 2013, and

b)     being satisfied that:

i)       the management regime for the Western Australian West Coast Rock Lobster Managed Fishery, in force under the Western Australian Fish Resources Management Act 1994, requires persons engaged in fishing under the management regime to take all reasonable steps to ensure that members of listed threatened species, listed migratory species, cetaceans and listed marine species are not killed or injured as a result of the fishing, and

ii)     the fishery to which the management regime relates does not, or is not likely to, adversely affect:

a)      the survival or recovery in nature of any listed threatened species, or

b)     the conservation status of a listed migratory species, cetacean, or listed marine species or a population of that species,

accredit the management regime for the Western Australian West Coast Rock Lobster Managed Fishery in force under the Western Australian Fish Resources Management Act 1994 under sections 208A, 222A, 245 and 265 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) for the purposes of Divisions 1, 2, 3 and 4 respectively of Part 13 of the EPBC Act.

Unless amended or revoked, this accreditation is subject to the following condition applied under section 303AA:

Condition A

The WA Department of Fisheries to:

a)      maintain management measures clearly directed toward minimising the impact of fishing activity on migrating whales

b)     continue to monitor and annually review the efficacy of management measures to avoid entanglement of whales, and

c)      implement further mitigation measures to minimise entanglements, should whale entanglement rates increase.

The accreditation in part (B) above is valid until 25 May 2018.

Dated this  25th day of May 2015

..………………Paul Murphy……….……..

Delegate of the Minister for the Environment