COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN SOUTH COAST CRUSTACEAN MANAGED FISHERY, JANUARY 2021

I, LAURA TIMMINS, Senior Director, Wildlife Trade Office, as Delegate of the Minister for the Environment being satisfied as to those matters set out in section 303FN declare the operations for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the Western Australian South Coast Crustacean 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 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 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                    21st                  day of              January                        2021

………….…….……Laura 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@environment.gov.au..

Declaration of the harvest operations of the Western Australian South Coast Crustacean 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 the Western Australian South Coast Crustacean Managed Fishery:

1.        Operation of the Western Australian South Coast Crustacean Managed Fishery will be carried out in accordance with the South Coast Crustacean Managed Fishery Management Plan 2015, in force under the Fish Resources Management Act 1994; the Fish Resources Management Regulations 1995 (FRMR); and the FRMA Section 43 Order.

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 Western Australian South Coast Crustacean 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 to:

a)    finalise and implement a formal harvest strategy for the fishery, including objectives and performance criteria by which the effectiveness of the management arrangements is measured.

5.        By 31 December 2022, the Western Australian Department of Primary Industries and Regional Development to:

a)    ensure finer-scale catch and effort data obtained through the Trip Returns is used to inform annual stock assessments and factored into appropriate management responses.

b)    continue investigations into stock sustainability in all fishing zones and develop short and long term management measures aimed at rebuilding stock abundance levels.

The Western Australian Department of Primary Industries and Regional Development must provide progress updates on the above to the Department of Agriculture, Water and the Environment, through the annual reporting process detailed in condition 3.