West Coast Demersal Gillnet and Demersal Longline [interim] Managed Fishery - WTO variation 2006

Variation to Declaration of an Approved Wildlife Trade Operation
Commonwealth of Australia Gazette, 23 August 2006

Commonwealth of Australia
Environment Protection and Biodiversity Conservation Act 1999
Variation to 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, 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 24 February 2006 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 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:

  1. Revoke condition b) and the Schedule (dated February 2006): Is subject to the conditions applied under section 303FT specified in the Schedule.
  2. Include a new condition b) and Schedule (dated August 2006): Is subject to the conditions applied under section 303FT specified in the August 2006 Schedule.

Dated this 15th day of August 2006

[signed]

Andrew McNee
Delegate of the Minister for the Environment and Heritage

Schedule

August 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. By 24 November 2006, 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.
  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.