COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN TYCRAFT GIANT CLAM OPERATION, APRIL 2019
I, JOHN GIBBS, 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 Tycraft Pty Ltd, 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 operation for the harvest of Tridacna maxima from the waters of Cocos (Keeling) Island by Tycraft Pty Ltd as defined in the management regime in force under the Fish Resources Management Act 1994 (WA)(CKI) and Fish Resources Management Regulations 1995 (WA)(CKI), to be an approved wildlife trade operation, in accordance with subsection 303FN(2) and paragraph 303FN(10)(b), for the purposes of the EPBC Act.
Unless amended or revoked, this declaration:
a) is valid until 15 April 2022 and;
b) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 9th day of April 2019
John Gibbs
………….…….…………………………………
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 Operation of the Tycraft Giant Clam Operation as an approved wildlife trade operation, April 2019
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 by the Tycraft Giant Clam Wildlife Trade Operation in the waters of the Cocos (Keeling) Islands:
1. Operation of the Tycraft Giant Clam Wildlife Trade Operation will be carried out in accordance with the management regime under the Fish Resources Management Act 1994 (WA) (CKI) and a current valid Instrument of Exemption issued under Section 7(2) (e) of this Act.
2. Tycraft Pty Ltd to inform the Department of the Environment and Energy of any material changes to the legislated permit conditions that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
3. Tycraft Pty Ltd 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. These reports must be provided to the Department by 30 September each year. The reports must include:
· the number of Tridacna maxima harvested from the wild for broodstock;
· details of any mortalities of broodstock; and
· results of mating and rearing trials and the number of specimens reared, lost through brood mortality, numbers sold and those held as stock.