Declaration of an Approved Small-Scale Wildlife Trade Operation – The Trustee for Merv Cooper Associates Trust Wildlife Trade Operation (Small-Scale) for The Wild Harvest and Commercial Export of Land Hermit Crab (Coenobita Variabilis) from Western Australia 2026-2029

Legislation au F2026N00245 In force Notifiable Instrument

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COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

 

 

DECLARATION OF AN APPROVED SMALL-SCALE WILDLIFE TRADE OPERATION –

THE TRUSTEE FOR MERV COOPER ASSOCIATES TRUST WILDLIFE TRADE OPERATION (SMALL-SCALE) FOR THE WILD HARVEST AND COMMERCIAL EXPORT OF LAND HERMIT CRAB (COENOBITA VARIABILIS) FROM WESTERN AUSTRALIA 2026-2029

 

 

I, Bronwyn Battisson, A/g Branch Head, Wildlife Trade and Regulatory Capability Branch, as Delegate of the Minister for the Environment and Water am satisfied that the operation conducted by The trustee for Merv Cooper Associates Trust to harvest the land hermit crab (Coenobita variabilis) from Western Australia for commercial export, is a small-scale Wildlife Trade Operation, as defined by regulation 9A.20(2) under subsection 303FN(10)(b).

 

I declare under subsection 303FN(2) that The trustee for Merv Cooper Associates Trust is an approved small-scale Wildlife Trade Operation.

 

This declaration has effect subject to the following conditions applied under section 303FT:

 

  1.       The operation is to be undertaken in accordance with The Trustee for Merv Cooper Associates Trust Wildlife Trade Operation (Small-scale) for the Wild Harvest and Commercial Export of Land Hermit Crab (Coenobita variabilis) from Western Australia 2026-2029 proposal, dated 24 February 2026.

 

  1.       Harvest for commercial export is restricted to the land hermit crab (Coenobita variabilis).

 

  1.       The number of land hermit crabs (Coenobita variabilis) harvested for commercial export annually must not exceed 5,000 specimens (unless harvest limit is increased as per Condition 4).

 

  1.       Mervyn Cooper as the trustee for Merv Cooper Associates Trust may apply to the Department of Climate Change, Energy, the Environment and Water to have additional annual harvest quota of up to 5,000 specimens per year. Approval of additional specimens may only be granted where the results of an independent population survey conducted by a suitably qualified field ecologist demonstrate that:

 

  1.       populations of the land hermit crab (Coenobita variabilis) are stable or increasing within the areas of harvest
  2.      harvest for commercial export will not adversely affect the survival of the land hermit crab (Coenobita variabilis) within the areas of harvest.

 

The results of the independent population survey must be submitted to the Wildlife Trade Assessments Section (wta@dcceew.gov.au) prior to or at the time of making an application for the additional annual harvest quota.

 

If approval of additional specimens is granted, total annual harvest must not exceed 10,000 specimens per year.

 

Suitably qualified field ecologist means a person who has relevant professional qualifications with sufficient technical expertise and at least 3 years of work experience designing and implementing ecological surveys and can give an authoritative assessment and advice on the land hermit crab (Coenobita variabilis) using relevant protocols, standards, methods and/or literature.

 

  1.       Ovigerous female land hermit crabs (Coenobita variabilis) must not be harvested from the wild for the purpose of commercial export.

 

  1.       Harvest for commercial export must only be conducted by the primary exemption holder, Mr Mervyn Cooper, as described in the Department of Primary Industries and Regional Development (DPIRD) Instrument of Exemption for the Collection of Land Hermit Crabs.

 

  1.       Harvest for commercial export must not occur in prohibited fishing zones (including the Eighty Mile Beach Marine Park) and coastline under Native Title or Indigenous Land Use Agreement.

 

  1.       All activities covered by this approval must be carried out in accordance with the necessary permits and approvals as required under state and Commonwealth laws.

 

  1.       Mervyn Cooper as the trustee for Merv Cooper Associates Trust must submit a copy of his current Commercial Fishing Licence to the Department of Climate Change, Energy, the Environment and Water (to wta@dcceew.gov.au) within 14 calendar days of receipt from DPIRD.

 

  1.   Mervyn Cooper as the trustee for Merv Cooper Associates Trust must submit of copy of his current Instrument of Exemption for the Collection of Land Hermit Crabs to the Department of Climate Change, Energy, the Environment and Water (to wta@dcceew.gov.au) within 14 calendar days of receipt from DPIRD.

 

  1.   Mervyn Cooper as the trustee for Merv Cooper Associates Trust must submit an annual report to the Department of Climate Change, Energy, the Environment and Water by 31 March each year.

 

For land hermit crabs (Coenobita variabilis) harvested for commercial export, the annual report must include:

 

  1.       the total number
  2.      the location/s of harvest as latitude and longitude in decimal degrees, using the Geocentric Datum of Australia 2020 (GDA2020)
  3.       the date of harvest at each location
  4.      a description of any environmental and/or population monitoring undertaken at sites, including:
    1.       the monitoring methodology used
    2.       the location and date of the monitoring
    3.       the results of any monitoring undertaken
    4.       any changes made to harvesting approach in response to observed population declines.
  5.       the number of land hermit crabs (Coenobita variabilis) exported, including the overseas destination
  6.        the number of specimens retained by the trustee for Merv Cooper Associates Trust as stock on hand
  7.      the number of mortalities.

 

  1.   Mervyn Cooper as the current trustee for Merv Cooper Associates Trust must notify the Department of Climate Change, Energy, the Environment and Water (to wta@dcceew.gov.au) within 14 calendar days of any changes to the trustee or responsible person for Merv Cooper Associates Trust.

 

  1.   This declaration is valid for 3 years from the date after its registration on the Federal Register of Legislation.

 

Dated this 1 day of April 2026

Bronwyn Battisson

………….…….……………………….........

Delegate of the Minister for the Environment and Water

 

 

 

 


 

 

 

Under section 266 of the Administrative Review Tribunal Act 2024 (ART Act), decision-makers must give notice of a decision and review rights to any person affected by the decision (section 266 of the ART Act). In giving the notice, decision-makers must have regard to the Administrative Review Tribunal Rules 2024 (section 267 of the ART Act).

 

A person whose interests are affected by this decision may, within 28 days, apply in writing to the Department of the Climate Change, Energy, Environment and Water, for the statement of reasons for the decision (section 268 of the ART Act).

 

If they are not satisfied with the decision, or the statement of reasons, an application for independent merits review of the decision (under section 303GJ(1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Review Tribunal (ART), on payment of the relevant fee (currently $1,121 or reduced fee where applicable due to financial hardship) by the applicant.

 

This can take place 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 directly to the ART. Please visit the ART’s website at https://www.art.gov.au/ for further information. You can provide feedback or make a complaint about the general services ART staff provide relating to your case through the enquiry form provided on the ART website linked above.

 

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 https://www.dcceew.gov.au/about/reporting/freedom-of-information.

 

Further enquiries should be directed to: Director of Wildlife Trade Assessments, Department of Climate Change, Energy, the Environment and Water, Telephone: (Australia) 1800 075 065 or (international) +61 5156 5063 Email: wta@dcceew.gov.au.

 

 

 

 

 

 

 

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.