COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN PILBARA TRAP MANAGED FISHERY, JANUARY 2021
I, Laura Timmins, Senior Director, Wildlife Trade Office, as Delegate of the Minister for the Environment,
(a) having considered the public comment received in response to an invitation under section 303FR
(b) being satisfied as to those matters set out in section 303FN
declare the Western Australian Pilbara Trap Managed Fishery as defined in the management regime in force under the Fish Resources Management Act 1994; Fish Resources Management Regulations 1995 (FRMR); FRMA Section 43 Order — Prohibition on Commercial Fishing for Demersal Scalefish (Pilbara Area) Order 1997 and Prohibition on Fishing by Line from Fishing Boats (Pilbara Waters) Order 2006, but not including:
(c) specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or
(d) specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or
(e) specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
(f) 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 for three years from the day after the date of registration on the Federal Register
of Legislation;
b) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 7th day of January 2021
………….…….…Lauran Timmins……………………
Delegate of the Minister for the Environment
Notes:
1. 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 Agriculture, Water and the Environment 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, Wildlife Trade Assessments Section, Department of Agriculture, Water and the Environment, Telephone: (02) 6274 1917 Email: sustainablefisheries@awe.gov.au.
Declaration of the harvest operations of the Western Australian Pilbara Trap Managed Fishery as an approved wildlife trade operation, January 2021
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 Pilbara Trap Managed Fishery:
1. Operation of the fishery will be carried out in accordance with the management regime under the Fish Resources Management Act 1994; Fish Resources Management Regulations 1995 (FRMR); FRMA Section 43 Order — Prohibition on Commercial Fishing for Demersal Scalefish (Pilbara Area) Order 1997; Prohibition on Fishing by Line from Fishing Boats (Pilbara Waters) Order 2006, and the Pilbara Trap Managed Fishery Management Plan 1992, in force under the Western Australian Fish Resources Management Act 1994. The Pilbara Trap Managed Fishery Management Plan 1992 will continue to operate in accordance with the Pilbara Trap Limited Entry Fishery Notice 1992 (management plan).
2. The Western Australian Department of Primary Industries and Regional Development to inform the Department of Agriculture, Water and the Environment, of any intended material changes to the Pilbara Trap Managed Fishery 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 Agriculture, Water and the Environment annually as per Appendix B of the ‘Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition’.
4. By 31 December 2022, the Western Australian Department of Primary Industries and Regional Development, are to:
a) improve logbook data collection by including reporting of condition TEP status (i.e. alive, dead, unknown) at a species level.
b) develop TEP species identification material to provide to fishers to assist with improved species identification.
5. By 31 December 2022, the Western Australian Department of Primary Industries and Regional Development, are to:
a) conduct an Ecological Risk Assessment (ERA) for the Pilbara Trap Fishery, involving engagement with relevant stakeholders.
b) review the Northern Demersal Scalefish Resource Harvest Strategy, incorporating any relevant recommendations/outcomes from the 2021 ERA.
c) develop a Bycatch Action Plan for the Pilbara Trap Fishery, should the ERA identify any unacceptable risks to bycatch species (including TEPs).