Western Australia Pilbara Fish Trawl Interim Managed Fishery - WTO variation 2006

Variation to Declaration of an Approved Wildlife Trade Operation
Commonwealth of Australia Gazette, S 147, 31 July 2006

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

I, Andrew McNee, Delegate of the Minister for the Environment and Heritage, hereby vary under subsection 303FT(7b) of the Environment Protection and Biodiversity Conservation Act 1999, (the EPBC Act) the Declaration of an Approved Wildlife Trade Operation dated 26 November 2004 for the harvesting of specimens that are, or are derived from, fish or invertebrates, other than species listed under Part 13 of the EPBC 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:

  1. Revoke condition a):
    Is valid until 1 August 2006.
  2. Include a new condition a):
    Is valid until 1 December 2007
  3. Revoke condition b) and the Schedule (dated November 2004):
    Is subject to the conditions applied under s.303FT specified in the May 2005 Schedule.
  4. Include a new condition b) and Schedule (dated May 2005):
    Is subject to the conditions applied under s.303FT specified in the July 2006 Schedule.

Dated this 28 day of July 2006

[signed]

Andrew McNee
Delegate of the Minister for the Environment and Heritage

Schedule

July 2006

Declaration of the Harvest Operations of the Western Australia Pilbara Fish Trawl Interim Managed Fishery as an approved Wildlife Trade Operation

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 (PFTIMF), 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 PFTIMF.
  3. In relation to the incidental bycatch of dolphins and marine turtles within the PFTIMF, DFWA will:
    • Continue an observer program (at scientifically robust levels of coverage) to determine the frequency and nature of interactions with cetaceans and marine turtles during fishing operations.
    • Continue to investigate the feasibility of using an Electronic Monitoring System to monitor bycatch in the PFTIMF.
    • Ensure that fishing operators immediately notify DFWA of any dolphin or marine turtle interactions.
    • Ensure that fishing operators report interactions to DFWA in accordance with agreed procedures and the Memorandum of Understanding between DEH and DFWA.
  4. DFWA, in consultation with DEH, will finalise long term arrangements to minimize the interaction of cetaceans and marine turtles with fishing operations in the PFTIMF. Specifically, DFWA will:
    • Continue to monitor developments in potential mitigation measures (both national and international).
    • Continue to 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.
    • Implement across the fishery mitigation and/or management measures endorsed as effective and appropriate by the Dolphin Reference Group, as a matter of priority.
    • Finalise the Bycatch Action Plan  for the PFTIMF, including providing the opportunity for public comment.
  5. Reports to be produced by DFWA and presented to DEH every six months, and to include:
    • A summary of all protected species interactions reported in the PFTIMF; and
    • Information sufficient to allow assessment of the progress of DFWA in implementing the above conditions