EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act, 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC
(Issued under the Authority of the Minister for the Environment and Heritage)
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the establishment of a list of exempt native specimens. Specimens included on the list are exempt from the export control provisions that apply to regulated native specimens.
The effect of this instrument is to add the following specimens to the list of exempt native specimens and to make those inclusions subject to the notations specified below:
- Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Tasmanian Scalaris Abalone Fishery.
Notations –
- The specimen, or the fish or invertebrate from which it is derived, was taken lawfully;
- The specimens are covered by the declaration of an approved Wildlife Trade Operation under section 303FN of the Act in relation to the fishery.
Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens, without requiring export permits, as long as a wildlife trade operation (WTO) declaration is in force. The fishery must continue to operate in accordance with its WTO conditions or the WTO must be revoked. Should a fishery WTO expire or be revoked, the declaration will no longer apply and the specimens will be removed from the list of exempt native specimens. Export would no longer be permitted. An instrument to declare the Tasmanian Scalaris Abalone Fishery an approved Wildlife Trade Operation for a period of 3 years was signed by the Delegate of the Minister for the Environment and Heritage on 17 February 2005 and gazetted on 16 March 2005 (Attachment A).
Details (copies of the assessment, the instrument and related correspondence to the Minister responsible for the affected fishery) are available at the following website: http://www.deh.gov.au/coasts/fisheries/assessment/index.html.
Attachment A to the Explanatory Statement
COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
I, IAN CRESSWELL Assistant Secretary, Wildlife Trade and Sustainable Fisheries Branch, as Delegate of the Minister for the Environment and Heritage, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) the application from the Department of Primary Industries, Water and Environment, public comments on the proposal as required under S303FR, and advice on the ecological sustainability of the operation. I am satisfied on those matters specified in Section 303FN of the Act. I hereby declare the operations for the harvesting of specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the Act, taken in the Tasmanian Scalaris Abalone Fishery, as defined in the management regime for the fishery, made under the Tasmanian Living Marine Resources Management Act 1995 to be an approved Wildlife Trade Operation, in accordance with S303FN (2) and (10)(d), for the purposes of the Act.
Unless amended or revoked, this declaration:
a) is valid until 24 February 2008 and;
b) is subject to the conditions applied under s.303FT specified in the Schedule.
Dated this SEVENTEENTH day of FEBRUARY 2005
………….…….……Ian Cresswell…………………………
Delegate of the Minister for the Environment and Heritage
Under the Administrative Appeals Tribunal Act 1975, a person whose interests are affected by this decision may apply for a statement of reasons and for independent review of the decision. An application for a statement of reason may be made in writing to Department of the Environment and Heritage within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Appeals Tribunal on payment of the relevant fee within 28 days of the date of the declaration, or if reasons are sought, within 28 days of receipt of reasons. Further information may be obtained from the Director, Sustainable Fisheries Section.
SCHEDULE
Declaration of the Harvest Operations of the Tasmanian Scalaris Abalone Fishery as an approved Wildlife Trade Operation
ADDITIONAL PROVISIONS (s.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 Act, taken in the Tasmanian Scalaris Abalone Fishery, made under the Tasmanian Living Marine Resources Management Act 1995.
- Operation of the fishery will be carried out in accordance with the Tasmanian Scalaris Abalone management regime in force under the Tasmanian Living Marine Resources Management Act 1995.
2. The Department of Primary Industries, Water and Environment will advise the Department of the Environment and Heritage of any material change to the Tasmanian Scalaris Abalone Fishery’s management arrangements that could affect the criteria on which EPBC decisions are based, within 3 months of that change being made.
3. Reports to be produced and presented to DEH annually, and to include:
- Information sufficient to allow assessment of the progress of the Tasmanian Department of Primary Industries, Water and Environment in implementing the recommendations made in the Assessment of the Tasmanian Scalaris Abalone Fishery 2005;
- A description of the status of the fishery and catch and effort information;
- A statement of the performance of the fishery against objectives, performance indicators and measures once developed; and
- Research undertaken or completed relevant to the fishery.