West Coast Demersal Gillnet and Demersal Longline [interim] Managed Fishery - ATO declaration 2006

Declaration of an Approved Wildlife Trade Operation
Commonwealth of Australia Gazette, S33, 24 February 2006

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

I, ANDREW MCNEE, Assistant Secretary, Marine Environment 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 EPBC Act) the application from the Department of Fisheries Western Australia (DFWA), public comments on the proposal as required under section 303FR, DFWA response to public comments 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, other than specimens listed under Part 13 of the EPBC Act, taken in the Western Australian West Coast Demersal Gillnet and Demersal Longline [Interim] Managed Fishery, as defined in the Western Australian Fisheries Resources Management Regulations 1995 in force under the Western Australian Fisheries Resources Management Act 1994, to be an approved Wildlife Trade Operation, in accordance with subsections 303FN (2) and (10)(d), for the purposes of the EPBC Act.

Unless amended or revoked, this declaration:

  1. is valid until 27 February 2007; and
  2. is subject to the conditions applied under section 303FT specified in the Schedule dated February 2006.

Dated this twenty fourth day of February 2006

[signed]

Andrew McNee
Delegate of the 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

February 2006

Declaration of the Harvest Operations of the Western Australian West Coast Demersal Gillnet and Demersal Longline [Interim] Managed Fishery

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 Environment Protection and Biodiversity Conservation Act (EPBC Act), taken in the Western Australian West Coast Demersal Gillnet and Demersal Longline [Interim] Managed Fishery

  1. Department of Fisheries, Western Australia (DFWA) to advise the Department of the Environment and Heritage (DEH) of any material change to the Western Australian West Coast Demersal Gillnet and Demersal Longline [Interim] Managed Fishery’s legislated management plan and/or arrangements that could affect the criteria on which EPBC decisions are based, within three months of that change being made.
  2. Within 12 months, DFWA to develop fishery specific objectives linked to performance indicators and performance measures for target species, key byproduct, discards and protected species interactions. Within 3 months of becoming aware that a performance measure has not been met, DFWA will develop appropriate management responses for timely implementation.
  3. Within 4 months, DFWA to implement all proposed management changes, as outlined in the Application to the Australian Government Department of the Environment and Heritage on the Western Australian Temperate Shark Fisheries. Additionally, DFWA to review the effort caps in place for the fishery and if necessary implement reduced effort limits commensurate with the precautionary principle within 6 months.
  4. Within 12 months, DFWA to conduct a compliance risk assessment for the Western Australian West Coast Demersal Gillnet and Demersal Longline [Interim] Managed Fishery paying particular attention to illegal harvest, non compliance with fin to meat ratios and non compliance with new management arrangements and any other identified risks. DFWA to also develop a compliance strategy for the fishery to address these risks.
  5. Within 10 months, DFWA to develop and implement a strategic research plan addressing key priorities in the fisheries including (but not limited to) key target stock biology and ecology, stock assessments for key target stocks, monitoring of byproduct, bycatch and ecosystem impacts and levels of protected species interactions and measures to reduce interactions.
  6. Within 9 months, DFWA to develop and implement ongoing monitoring of byproduct and bycatch in the fishery, sufficient to identify changes in the composition and quantity of catch. The nature of the monitoring program will be informed by the analysis around observer coverage needs.
  7. Within 8 months DFWA to develop and implement recovery strategies for all overfished target stocks to actively promote the recovery of shark stocks to ecologically viable stock levels.
  8. DFWA, within 3 months, to provide a mechanism, which allows fishers to record interactions with protected and/or listed species. DFWA will implement an education program within 3 months to ensure that industry:
    • has the capacity to make these reports at an appropriate level of accuracy; and
    • is aware of the EPBC Act requirement to report any interaction with a listed and/or protected species to DEH within 7 days of the interaction occurring.
  9. Within 6 months, DFWA to analyse existing information and observer data and develop a predictive model to identify the levels of coverage required to determine, for management purposes, the nature and level of protected species interactions within the fishery. Within 12 months, DFWA will, in consultation with DEH, implement a program consistent with the levels of coverage identified.