Pilbara Fish Trawl Interim Managed Fishery - WTO declaration 2004

Declaration of an Approved Wildlife Trade Operation
Commonwealth of Australia Gazette, GN 48, 1 December 2004

Commonwealth of Australia
Environment Protection and Biodiversity Conservation Act 1999
Declaration of an Approved Wildlife Trade Operation

I, Mark Flanigan, Assistant Secretary, Policy and Compliance Branch, as Delegate of the Minister for the Environment and Heritage, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) the application from the Department of Fisheries Western Australia, public comments on the proposal as required under S303FR, and advice on the ecological sustainability of the operation. I am satisfied on those matters specified in Section 303FN of the Act. I hereby declare the operations for the harvesting of specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the Act, taken in the Western Australia Pilbara Fish Trawl Interim Managed Fishery, as defined in the Pilbara Fish Trawl Interim Managed Fishery Management Plan 1997, made under the Western Australia Fish Resources Management Act 1994, to be an approved Wildlife Trade Operation, in accordance with S303FN (2) and (10)(d), for the purposes of the Act.

Unless amended or revoked, this declaration:

  1. is valid until 1 June 2005; and
  2. is subject to the conditions applied under s.303FT specified in the Schedule.

Dated this 26th day of November 2004

[signed]

Mark Flanigan
Delegate of Minister for the Environment and Heritage

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 reason may be made in writing to the Department of the Environment and Heritage 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.

Schedule

Additional Provisions (s.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 of the Act, taken in the Western Australia Pilbara Fish Trawl Interim Managed Fishery, as defined in the Pilbara Fish Trawl Interim Managed Fishery Management Plan 1997, made under the Western Australia Fish Resources Management Act 1994.

  1. Operation of the fishery will be carried out in accordance with the Pilbara Fish Trawl Interim Managed Fishery Plan 1997 made under the Fish Resources Management Act 1994.
  2. The Department of Fisheries Western Australia (DFWA) will inform the Department of the Environment and Heritage (DEH) of any changes to the management regime for the Pilbara Fish Trawl Interim Managed Fishery.
  3. In relation to the accidental catch of dolphins and marine turtles within the Pilbara Fish Trawl Interim Managed Fishery, DFWA, by no later than January 2005, will:
    • Implement an observer program (with a scientifically robust level of coverage) to determine the frequency of interactions with cetaceans and marine turtles during fishing;
    • Ensure that fishing operators immediately notify DFWA of any dolphin or marine turtle captures; and
    • Ensure that the skippers, crew and observers on all vessels operating in the fishery are thoroughly briefed on the above measures before leaving port.
  4. DFWA, in consultation with DEH, will over the next 6 months investigate long term arrangements to address the interaction of cetaceans and marine turtles with fishing operations in the Pilbara Fish Trawl Interim Managed Fishery. Specifically, over the next 6 months DFWA will:
    • Review potential mitigation measures (both national and international);
    • Develop, trial and test the effectiveness of mitigation measures, including, but not limited to, grids;
    • Investigate other management measures to reduce interactions with dolphins and marine turtles; and
    • Develop a Bycatch Action Plan (BAP) for the Pilbara Fish Trawl Interim Managed Fishery.
  5. Reports to be produced by DFWA and presented to DEH every three months, and to include:
    • A summary of all protected species interactions reported in the Pilbara Fish Trawl Interim Managed Fishery; and
    • Information sufficient to allow assessment of the progress of DFWA in implementing the above conditions.