Federal Register of Legislation - Australian Government

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This instrument declares the operations of the South Australian Beach-cast Marine Algae Fishery as an approved wildlife trade operation.
Administered by: Agriculture, Water and the Environment
Registered 19 Sep 2018
To be ceased 21 Sep 2021
Ceased by Self Ceasing

COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – SOUTH AUSTRALIAN BEACH-CAST MARINE ALGAE FISHERY, SEPTEMBER 2018

 

I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the South Australian Department of Primary Industries and Regions, 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 South Australian Beach-cast Marine Algae Fishery as defined in the management regime in force under the Fisheries Management Act 2007 (SA), the Fisheries Management (Miscellaneous Developmental Fishery) Regulations 2013 (SA), the Fisheries Management (Miscellaneous Fishery) Regulations 2015 (SA), and the Fisheries Management (General) Regulations 2017 (SA), but not including

§  specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or

§  specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list)

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 21 September 2021 and;

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

 

 

Dated this                    18th                  day of              September                    2018

 

Paul Murphy

 

 

Delegate of the Minister for the Environment

 

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 South Australian Beach-cast Marine Algae Fishery as an approved wildlife trade operation, September 2018

 

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 and Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), taken in the South Australian Beach-cast Marine Algae Fishery:

 

1.         Operation of the South Australian Beach-cast Marine Algae Fishery will be carried out in accordance with the Fisheries Management (Miscellaneous Developmental Fishery) Regulations 2013 (SA), the Fisheries Management (Miscellaneous Fishery) Regulations 2015 (SA), and the Fisheries Management (General) Regulations 2017 (SA) in force under the Fisheries Management Act 2007 (SA).

 

2.         The Department of Primary Industries and Regions, South Australia to inform the Department of the Environment and Energy of any intended material changes to the SA Beach-cast Marine Algae Fishery’s management arrangements that may affect the assessment against which EPBC Act decisions are made.

 

3.         The Department of Primary Industries and Regions, South Australia 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.         PIRSA to take all reasonable steps to mitigate adverse impacts on migratory shorebirds by the operations  of Miscellaneous Fishery Y078 (harvesting and/or transporting of beach-cast wrack), including through:

a)      implementing a management strategy that ensures at least 50% of the licence area is excluded from the fishery operations at all times, including closing the area from the Beachport Conservation Park to approximately one kilometre north of Blowhole Road;

b)      avoiding the removal of all non-target species from the harvest area;

c)      imposing additional requirements in the period from 1 September to 15 May (inclusive) each year, on sandy beaches along Wrights Bay, Nora Creina, Stinky Beach and the Rivoli Bay area from approximately one kilometre north of Blowhole Road to the southern end of the Fishery, including only permitting harvesting to occur:

                                i.            by way of hand harvesting (assisted by mechanical winch if required);

                              ii.            on a maximum of 8 calendar days (or any part thereof) per calendar month, and a maximum of 4 calendar days (or any part thereof) between 1 May and 15 May, with each harvesting day to be advised to PIRSA prior to the commencement of harvesting; and

                            iii.            through the use of up to two vehicles (4 wheel drive utility, or similar, with a trailer with a gross vehicle mass of 3.5 tonne), with up to three people per vehicle, on any one day; and

d)      prohibiting harvest operations within 100 metres either side of any nesting areas where Thinornis rubricollis (Hooded Plovers) are currently nesting and/or caring for dependent young, in all areas at all times

 

5.         PIRSA to take all reasonable steps to mitigate adverse impacts on migratory shorebirds by the operations of the Exploratory Fishing Permit EP0003 within the SA Beach-cast Marine Algae Fishery, including harvesting and/or transporting of beach-cast wrack. Mitigation measures must include:

a)      ensuring at least 50 per cent of the permit area is excluded from the harvesting operations at all times;

b)      avoiding the removal of all non-target species from the harvest area;

c)      restrict harvesting in the period from 1 September to 15 May (inclusive) each year to sandy beaches:

                                i.            by way of hand harvesting (assisted by mechanical winch if required);

                              ii.            on a maximum of 8 calendar days (or any part thereof) per calendar month, and a maximum of 4 calendar days per calendar month (or any part thereof) between 1 May and 15 May, with each harvesting day to be advised to PIRSA prior to the commencement of harvesting; and

                            iii.            through the use of up to one vehicle (4 wheel drive utility, or similar, with a trailer with a gross vehicle mass of 3.5 tonne), with up to three people per vehicle, on any one day; and

d)      prohibiting harvest operations within 100 metres either side of any nesting areas where Thinornis rubricollis (Hooded Plovers) are currently nesting and/or caring for dependent young, in all areas at all times.

 

6.         PIRSA, in collaboration with the SA Department of Environment and Water, industry and where possible, the community to:

a)      implement a monitoring program to annually assess the impact of the SA Beach-Cast Marine Algae Fishery on migratory shorebirds; and

b)      continue to support research with the aim of understanding and effectively managing the ecological risk posed by the fishery to shorebirds and all relevant terrestrial and coastal ecosystems.