Whale entanglements are a key performance indicator (KPI) for the WRL fishery in Commonwealth
assessments. Entanglements in 2012 (13 in WRL gear) exceeded this KPI. The KPI breach resulted in
the Commonwealth removing the WRL fishery from the List of Exempt Native Species which is a five
year export approval without conditions and issuing a two year Wildlife Trade Order (WTO) with
conditions and recommendations relating to whale entanglement. This included a condition: "by 31
March 2014, complete a robust evaluation of longer term operational management measures to
reduce the risk of whale entanglements, which could include the removal of some restrictions on
western rock lobsters, spatial and seasonal closures and potential gear modifications". If this condition
isn't met, the WTO may be revoked and therefore the
fishery will not be able to export. The WRL is almost exclusively an export fishery with an estimated
annual GVP of $200 million.
The reason for increased entanglements is a combination of whale population growth (10% p/a) and
an increase in winter fishing resulting from a relaxation of input controls after a move to quota. A
closed season, removing winter fishing would somewhat elevate this issue, although at an economic
cost to the industry as it would no longer be able to attain the high beach prices paid in winter. This
would result in a conservative loss of about $50 million p/a in GVP. Therefore to meet the SEWPaC
conditions, and still allow winter fishing, entanglement mitigation measures are needed.

There are currently no specific management arrangements in place for the traditional, subsistence or contemporary economic use of fish resources by Aboriginal people in Western Australia. There is a need to include these uses into Western Australia’s fisheries management framework to ensure long term sustainability objectives will be met.

The Fish Resources Management Act 1994 (the Act) applies to Aboriginal people with the exception that they do not have to hold a recreational fishing licence. The Act does not specifically recognize customary, communal or subsistence fishing activities. There is a need for the Act to be consistent with the Native Title Act 1993 (which allows for personal, domestic or non-commercial communal needs) and to include Aboriginal fishing more specifically in order to provide the basis for effective policy and management arrangements.

There is a need to research and develop, in partnership with stakeholders, options for public discussion that will lead to the development of policy guidelines and legislative amendments relating to Aboriginal fishing in Western Australia.

Fisheries WA is also included in State Government strategies to assist Aboriginal economic development from the sustainable use of fish resources.