Reporting of Fisheries Interactions with Protected Species

All Victorian export fisheries have been granted export approval under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This approval is subject to several conditions or recommendations to ensure ongoing sustainability of these fisheries. The Department of Primary Industries (DPI) is required to action these conditions in order to maintain the ability for these fisheries to export product.

A condition of export approval for the rock lobster, giant crab and scallop fisheries is the introduction of mandatory reporting of incidental interactions with protected species, which include all threatened, endangered and protected wildlife.

A process has been developed by DPI and the Department of Sustainability and Environment (DSE) whereby incidental or unintentional interactions with protected species are exempt from prosecution. Interactions with protected wildlife are an offence under State legislation and may be subject to prosecution. Such offences create a disincentive for fishers to accurately report interactions with protected species. Amnesties from prosecution under the Wildlife Act 1975 (Wildlife Act), the Flora and Fauna Guarantee Act 1988 (FFG Act) and Fisheries Act 1995 (Fisheries Act) have been declared by the Secretaries of DSE and DPI for those fishers who report incidental interactions with protected species in their logbooks. Deliberate or negligent acts will still be subject to prosecution.

FFG & Wildlife Act Amnesty (PDF 69KB)

Fisheries Act Amnesty (PDF 484KB)
All operators/ licence holders from the giant crab, rock lobster and scallop fisheries will be exempt from prosecution for incidental interactions with protected species via the amnesties, provided they report the interaction in their catch and effort logbooks.

The amnesties are in place for two years ending on 18 November 2009. During this period, the effectiveness of these arrangements will be evaluated. Consideration will be given to extending the mandatory reporting of protected species interactions to all fisheries.

A Protected Species Action Plan has been prepared by DPI which describes the actions to be taken by DPI once the data on protected species interactions is recorded in logbooks.

Action Plan For Protected Species (PDF 490KB)
Should there be unacceptable fisheries impacts on protected species, DPI will work with industry to determine appropriate mitigation measures to address those impacts. Operational changes, if required, will be risk-based and designed to minimise impacts on fishing practices.

The validation of data obtained via logbooks is also required as a condition of export approval under the EPBC Act. DPI will also obtain data on protected species interactions independently through avenues such as targeted research and monitoring projects. This work is already underway in some fisheries, including the rock lobster fishery.

‘Frequently Asked Questions’ are attached for further information on the protected species reporting requirement. In addition, a Protected Species Identification Guide (external link) has been provided to the relevant licence holders to assist with reporting.

FAQs (PDF 42KB)