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 JOINT AUTHORITY SOUTHERN DEMERSAL GILLNET AND DEMERSAL LONGLINE MANAGED FISHERY, AUGUST 2018
I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment and Energy, 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 Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery as defined in the management regime in force under the Fish Resources Management Act 1994 (WA) and Fish Resources Management Regulations 1995 (WA), but not including
§ specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
§ specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), except for Scalloped Hammerhead Shark (Sphyrna lewini) and Smooth Hammerhead Shark (S. 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 20 August 2021 and;
b) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 22nd day of August 2018
………….…….…………………………………
Delegate of the Minister for the Environment and Energy
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment and Energy for the reasons for the decision.
An application for independent review of the decision (under section 303GJ(1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Appeals Tribunal (AAT), on payment of the relevant fee by the applicant, either within 28 days of receipt of the reasons for the decision, or within 28 days of this declaration if reasons for the decision are not sought. Applications should be made to the Deputy Registrar, AAT in your Capital City. Please visit the AAT’s website at http://www.aat.gov.au/ for further information.
You may make an application under the Freedom of Information Act 1982 (Cth) to access documents relevant to this decision. For further information, please visit http://www.environment.gov.au/foi/index.html. Further enquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au.
SCHEDULE
Declaration of the Harvest Operations of the Western Australian West Coast Demersal Gillnet and Demersal Longline [Interim] Managed Fishery, and the Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery as an approved wildlife trade operation, August 2018
ADDITIONAL PROVISIONS (section 303FT)
Relating to the harvesting of fish 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 Demersal Gillnet and Demersal Longline [Interim] Managed Fishery, and the Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery:
1. Operation of the Western Australian Temperate Demersal Gillnet and Demersal Longline Fisheries will be carried out in accordance with the Western Australian Fish Resources Management Act 1994 and the Western Australian Fish Resources Management Regulations 1995.
2. The Western Australian Department of Primary Industries and Regional Development, to inform the Department of the Environment and Energy, of any intended material changes to the Western Australian Temperate Demersal Gillnet and Demersal Longline Fisheries management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
3. The Western Australian Department of Primary Industries and Regional Development, to produce and present reports to the Department of the Environment and Energy annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.
4. The Western Australian Department of Primary Industries and Regional Development to:
a) continue to assess the recovery status of breeding stocks working towards moving from ‘transitional-recovering’ to ‘acceptable’ stock status level.
b) develop a formal Harvest Strategy with the view to implementation by early 2020.
5. The Western Australian Department of Primary Industries and Regional Development to review and update the ESD report, for the Western Australian Temperate Demersal Gillnet and Demersal Longline Fisheries.
The updated report should apply to:
- target species
- byproduct species
- bycatch species (including protected species)
- impacts on the marine environment.
6. The WA Department of Primary Industries and Regional Development to:
a) continue work towards the development of electronic logbooks for future implementation in the fisheries.
b) deliver further education to fishers as appropriate, if reporting from logbooks indicates this as necessary.