COMMONWEALTH OF AUSTRALIA Environment Protection and Biodiversity Conservation Act 1999 DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN PILBARA TRAP MANAGED FISHERY – JANUARY 2024 I, BELINDA JAGO, Branch Head, Ocean and Wildlife Branch, as Delegate of the Minister for the Environment and Water, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the Western Australian Department of Primary Industries and Regional Development 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, taken in the Western Australian Pilbara Trap Managed Fishery as defined in the management regime in force under the: * Fish Resources Management Act 1994 (WA), * Fish Resources Management Regulations 1995, * Fish Resources Management Act 1994 Section 43 Order – Prohibition on Commercial Fishing for Demersal Scalefish (Pilbara Area) Order 1997 and Prohibition on Fishing by Line from Fishing Boats (Pilbara Waters) Order 2006, 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. This declaration commences on 7 January 2024. Unless amended or revoked, this declaration: a) is valid until 7 January 2027, and b) is subject to the conditions applied under section 303FT specified in Schedule 1. Dated this 11th day of December 2023 BELINDA JAGO ………….………..………………………………… Delegate of the Minister for the Environment and Water Notes: 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 Climate Change, Energy, the Environment and Water 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, Department of Climate Change, Energy, the Environment and Water, Email: sustainablefisheries@dcceew.gov.au. Schedule 1 Declaration of the harvest operations of the Western Australian Pilbara Trap Managed Fishery as an approved wildlife trade operation, January 2024 ADDITIONAL PROVISIONS (section 303FT) Relating to the harvesting of 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 Western Australian Pilbara Trap Managed Fishery: Condition 1 Operation of the fishery will be carried out in accordance with the management regime under the Fish Resources Management Act 1994; Fish Resources Management Regulations 1995; Fish Resources Management Act 1994 Section 43 Order - Prohibition on Commercial Fishing for Demersal Scalefish (Pilbara Area) Order 1997 and Prohibition on Fishing by Line from Fishing Boats (Pilbara Waters) Order 2006; and the Pilbara Trap Limited Entry Fishery Notice 1992 (management plan). Condition 2 The Western Australian Department of Primary Industries and Regional Development must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the Western Australian Pilbara Trap Managed Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made. Condition 3 The Western Australian Department of Primary Industries and Regional Development must inform the Department of Climate Change, Energy, the Environment and Water of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval. Condition 4 The Western Australian Department of Primary Industries and Regional Development must produce and provide reports on the Western Australian Pilbara Trap Managed Fishery to the Department of Climate Change, Energy, the Environment and Water annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. Condition 5 a) By 10 January 2025, the Western Australian Department of Primary Industries and Regional development must provide the Department of Climate Change, Energy, the Environment and Water with a Harvest Strategy Recovery Plan for the Pilbara Demersal Scalefish Resource. b) The Department of Primary Industries and Regional Development must provide the Department of Climate Change, Energy, the Environment and Water the results of any stock assessments of indicator and retained non-indicator species, or report to the department on any indicators of recovery or ongoing depletion, for species in the Pilbara Demersal Scalefish Resource. Condition 6 By 7 July 2026, the Western Australian Department of Primary Industries and Regional Development must implement independent data collection in the fishery to provide updated information on catch composition (including discards) and protected species interactions. This may involve the use of onboard observers, surveys, electronic monitoring or other means. The information collected and spatial/temporal coverage must be sufficient to reliably demonstrate the accuracy of reported catch (including discards), effort and protected species interaction data collected via logbooks.