Federal Register of Legislation - Australian Government

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The instrument is a declaration of an approved wildlife trade operation for the Tasmanian Marine Plant Fishery until 11 December 2020.
Administered by: Agriculture, Water and the Environment
Registered 19 Dec 2017
To be ceased 11 Dec 2020
Ceased by Self Ceasing

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – TASMANIAN MARINE PLANT FISHERY, DECEMBER 2017

 

I, ILSE KIESSLING, Acting Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment and Energy, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the Tasmanian Department of Primary Industries, Parks, Water and Environment, 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, other than specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the Tasmanian Marine Plant Fishery as defined in the management regime in force under the Living Marine Resources Management Act 1995 (Tas) and Fisheries (Marine Plant) Rules 2017 (Tas), 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.

 

Unless amended or revoked, this declaration:

a)             is valid until 11 December 2020 and;

b)             is subject to the conditions applied under section 303FT specified in the Schedule.

 

Dated this       18th                 day of              December                    2017

Delegate of the Minister for the Environment and Energy

 

A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment and Energy for the reasons for the decision.

An application for independent review of the decision (under section 303GJ(1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Appeals Tribunal (AAT), on payment of the relevant fee by the applicant, either within 28 days of receipt of the reasons for the decision, or within 28 days of this declaration if reasons for the decision are not sought. Applications should be made to the Deputy Registrar, AAT in your Capital City. Please visit the AAT’s website at http://www.aat.gov.au/ for further information.

You may make an application under the Freedom of Information Act 1982 (Cth) to access documents relevant to this decision. For further information, please visit http://www.environment.gov.au/foi/index.html.

Further enquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au.
SCHEDULE

 

Declaration of the Harvest Operations of the Tasmanian Marine Plants Fishery as an approved wildlife trade operation, December 2017

 

ADDITIONAL PROVISIONS (section 303FT)

 

Relating to the harvesting of fish specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), taken in the Tasmanian Marine Plants Fishery:

 

1.     Operation of the Tasmanian Marine Plants Fishery will be carried out in accordance with the management regime under the Living Marine Resources Management Act 1995 (Tas) and Fisheries (Marine Plant) Rules 2017 (Tas).

 

2.      The Tasmanian Department of Primary Industries, Parks, Water and Environment to inform the Department of the Environment and Energy of any intended material changes to the Tasmanian Marine Plants Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 (Cth) decisions are made.

 

3.     The Tasmanian Department of Primary Industries, Parks, Water and Environment to produce and present reports to the Department of the Environment and Energy annually as per Appendix B of the ‘Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition’.

 

4.     The Department of Primary Industries, Parks, Water and Environment to collect and analyse logbook data for each harvesting site, and to implement management changes as necessary. The information and any proposed management changes must be provided to the Department of the Environment and Energy as part of the annual report for the fishery.

 

5.     The Department of Primary Industries, Parks, Water and Environment to collaborate with other state government agencies, industry, and where possible, the community, to develop appropriate licencing conditions and monitoring activities to ensure ongoing protection of listed shorebird species. Any data obtained from monitoring programs (excluding commercial in confidence data) must be included in the annual report sent to the Department.