COMMONWEALTH OF AUSTRALIA Environment Protection and Biodiversity Conservation Act 1999 DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN WEST COAST DEMERSAL GILLNET AND DEMERSAL LONGLINE INTERIM MANAGED FISHERY AND THE SOUTHERN DEMERSAL GILLNET AND DEMERSAL LONGLINE MANAGED FISHERY, AUGUST 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, public comments on the proposal as required under section 303FR 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 West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and the Western Australian Southern Demersal Gillnet and Demersal Longline Managed Fishery as defined in the management regime in force under the: * Fish Resources Management Act 1994 (WA) * Fish Resources Management Regulations 1995 (WA) * West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery Management Plan 1997 * Southern Demersal Gillnet and Demersal Longline Managed Fishery Management Plan 2018, 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), except for bronze whaler (Carcharhinus brachyurus), spinner shark (Carcharhinus brevipinna), bull shark (Carcharhinus leucas), common blacktip shark (Carcharhinus limbatus), Australian blacktip shark (Carcharhinus tilstoni), dusky shark (Carcharhinus obscurus), sandbar shark (Carcharhinus plumbeus), sicklefin lemon shark/sharptooth lemon shark (Negaprion acutidens), blue shark (Prionace glauca), scalloped hammerhead shark (Sphyrna lewini), great hammerhead shark (Sphyrna mokarran), and smooth hammerhead shark (Sphyrna zygaena), 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 instrument commences on 19 August 2024. Unless amended or revoked, this declaration: a) is valid until 18 August 2027, and b) is subject to the conditions applied under section 303FT specified in Schedule 1. Dated this 16th day of August 2024 ………Belinda Jago………….…….. Delegate of the Minister for the Environment and Water Notes: 1. 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. 2. Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Australia's CITES list under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia's CITES Scientific Authority has issued a non-detriment finding for that species. Further information is available from https://www.dcceew.gov.au/environment/wildlife-trade/cites. Schedule 1 Declaration of the harvest operations of the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and the Southern Demersal Gillnet and Demersal Longline Managed Fishery as an approved wildlife trade operation, August 2024 Condition 1 Operation of the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and Southern Demersal Gillnet and Demersal Longline Managed Fishery (collectively known as the Western Australian Temperate Demersal Gillnet and Demersal Longline Fishery (the fishery)) must be carried out in accordance with the management arrangements specified in the Fish Resources Management Act 1994 (WA), Fish Resources Management Regulations 1995 (WA), and the Southern Demersal Gillnet and Demersal Longline Managed Fishery Management Plan 2018 and West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery Management Plan 1997. 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 West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and the Southern Demersal Gillnet and Demersal Longline 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 Temperate Demersal Gillnet and Demersal Longline fisheries to the Department of Climate Change, Energy, the Environment and Water by December annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. For species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) there are additional reporting requirements to provide species-specific data on each CITES listed species harvested (retained or discarded) in the fishery annually. This reporting must include any information of the post release survival of discarded catch, where available. Condition 5 The Western Australian Department of Primary Industries and Regional Development must: a) by 1 December 2025, develop and implement independent monitoring and data validation that is representative of the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and the Southern Demersal Gillnet and Demersal Longline Managed Fishery. The information collected must be sufficient to reliably demonstrate the accuracy of endangered, threatened and protected species interaction data collected via logbooks. b) by 1 February 2027, report outcomes of Condition 5a to the Department of Climate Change, Energy, the Environment and Water, which includes a summary of the level of coverage across the fishery, protected species interactions and validation of logbooks with independent data. c) by 1 February 2027, develop and implement an expanded independent monitoring program framework that is representative of the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and the Southern Demersal Gillnet and Demersal Longline Managed Fishery and will capture information on catch composition (including bycatch) and validate the accuracy of reported catch. Condition 6 The Department of Primary Industries and Regional Development must ensure the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and the Southern Demersal Gillnet and Demersal Longline Managed Fishery operate in accordance with the Australian Sea Lion Recovery Plan. A report on compliance with the recovery plan must be provided to the Department of Climate Change, Energy, the Environment and Water by 1 February 2027. Condition 7 a) 1 December 2026, the Western Australian Department of Primary Industries and Regional Development must review current spatial controls (including Sea Lion Exclusion Zones) designed to minimise interactions and mortalities of Australian sea lion using all available data (this may include, but not be limited to, the data collected from the most recent independent monitoring programs). b) By 1 February 2027, the Western Australian Department of Primary Industries and Regional Development must report to the Department of Climate Change, Energy, the Environment and Water on the findings of the study outlined in Condition 7a, including on any proposed modifications made to the management regime designed to protect Australian sea lion colonies or populations.