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Aquatic pest biosecurity policy and legislation

The department encourages best practice to prevent the introduction and establishment of invasive aquatic species and pests in WA. 

As the lead agency in Western Australia responsible for the management of aquatic pests and diseases, the department operates under legislation to prevent the introduction and establishment of invasive aquatic species and pests in WA and produces policy encouraging best practice to support this objective.

Policy and legislation 

Aquatic Biosecurity primarily operates under the Fish Resources Management Act 1994 (FRMA), and the Biosecurity and Agriculture Management Act 2007 (BAM Act). 

Under regulation 176 of the Fish Resources Management Regulations 1995 (FRMR), it is an offence to translocate live non-endemic fish to WA without permission. Under section 105 of the FRMA, it is an offence to bring noxious fish into WA or move it from one area of the State to another area if it is prescribed as noxious in the receiving area. 

The Minister may declare that an organism is a declared pest under section 22, or a prohibited organism under section 12, of the BAMA. Under section 26 of the BAMA there is a duty to report declared pests, including prohibited organisms, to the department. It is an offence to move, keep, or supply declared pests without permission.  

Under part 16A of the FRMA, the department has emergency powers to deal with incursions of pests which include directing a person to carry out necessary activities to prevent or control the spread of pests, or to eradicate them in WA waters.  

Vessel managers should also be mindful of any relevant Ministerial Conditions under the WA Environmental Protection Act 1986. Policies relating to biofouling and in-water cleaning are currently under review. 

The Western Australian Prevention List for Introduced Marine Pests is a list of invasive marine species relevant to Western Australia, (sometimes known as ‘marine pests’) indicating how to report suspected or confirmed invasive marine species (IMS) on vessels or elsewhere in WA, which are noxious-listed and monitored during surveys. 

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