COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION –
CRAZY CRABS 2021
I, Adam Sincock, Principal Director, Wildlife Trade Office, as Delegate of the Minister for the Environment under the Environment Protection and Biodiversity Conservation Act 1999, am satisfied that an operation conducted by Crazy Crabs to harvest and export Land Hermit Crabs (Coenobita variabilis), is a small-scale operation, as defined by regulation 9A.20(2) under subsection 303FN(10) (b). I declare under subsection 303FN (2) that Crazy Crabs is an approved wildlife trade operation.
This declaration has effect subject to the following conditions applied under S303FT:
- The operation is to be undertaken in accordance with the proposal submitted to the department on 1 September 2021.
- Harvest for export is restricted to the Land Hermit Crab (Coenobita variabilis).
- The number of Land Hermit Crabs exported annually must not exceed 20,000 specimens.
- Harvest must not occur in prohibited fishing zones within recognised Ramsar sites.
- 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.
- Relevant West Australian fishing licences must be provided to the department within 14 days of their renewal.
- Crazy Crabs must submit annual reports to the department by 30 November each year. Annual reports must include the total number of Land Hermit Crabs harvested and exported overseas, harvesting locations and mortality rates.
- This declaration is valid for three years from the date after its registration on the Federal Register of Legislation.
Dated this 15th day of December 2021
Adam Sincock
………….…….……………………….........
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 Agriculture, Water and the Environment 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 (currently $1,826 or reduced fee where applicable due to financial hardship) 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 Agriculture, Water and the Environment, by email: wta@awe.gov.au or telephone: (02) 6274 1900 (option 2).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly with respect to matters of national environmental significance. This Act addresses the problem of unregulated and unsustainable wildlife trade, which can lead to biodiversity loss and other environmental impacts. The Act is administered by the Parliament of the Commonwealth of Australia, with the primary policy objective being to conserve and protect Australia's biodiversity and environment, including threatened species and ecological communities. This notifiable instrument declares that an operation conducted by Crazy Crabs to harvest and export Land Hermit Crabs (Coenobita variabilis) is an approved wildlife trade operation, subject to specific conditions aimed at ensuring sustainable and environmentally responsible practices.
Scope and Application
The declaration issued under the Environment Protection and Biodiversity Conservation Act 1999 pertains specifically to the operation of Crazy Crabs, which is engaged in the harvesting and export of Land Hermit Crabs (Coenobita variabilis). The operation is recognised as a small-scale activity, in line with the regulations outlined in section 9A.20(2) of the Act, and has been granted approval as an operation under the authority of the Minister for the Environment. This approval is contingent upon the operation adhering strictly to the terms and conditions set forth, including compliance with state and Commonwealth laws, adherence to the specific proposal submitted, and the stipulation that the annual export of Land Hermit Crabs does not exceed 20,000 specimens. Moreover, harvesting is expressly prohibited within designated fishing zones that are recognised Ramsar sites. The declaration is applicable within the geographical jurisdiction of the Commonwealth of Australia and remains in effect for three years from its registration on the Federal Register of Legislation, subject to the outlined conditions and ongoing compliance.
Key Provisions
The main operative sections of this notifiable instrument declare that Crazy Crabs is an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (section 303FN(2)). This approval is contingent on several conditions. Firstly, the operation must adhere strictly to the proposal submitted on 1 September 2021 (section 303FT). Secondly, the harvesting and export of Land Hermit Crabs (Coenobita variabilis) must be limited to this species alone, and the annual export limit is set at no more than 20,000 specimens (section 303FT). Additionally, harvesting activities are prohibited within any fishing zones designated as prohibited within Ramsar sites (section 303FT). The operation must also comply with all necessary permits and approvals required under both state and Commonwealth laws, including the provision of relevant West Australian fishing licenses to the department within 14 days of their renewal (section 303FT). Furthermore, Crazy Crabs is required to submit annual reports by 30 November each year, detailing the total number of crabs harvested and exported, their harvesting locations, and mortality rates (section 303FT). This declaration remains valid for three years from the date of its registration on the Federal Register of Legislation (section 303FT).
The obligations imposed on Crazy Crabs by this Act include strict adherence to the outlined conditions and the submission of annual reports to the Department of Agriculture, Water and the Environment by 30 November each year. These reports must include comprehensive details such as the total number of crabs harvested and exported, the locations of the harvesting activities, and the mortality rates. Additionally, Crazy Crabs must ensure all activities comply with relevant state and federal laws, including the acquisition and timely submission of necessary permits and licenses. The operation is strictly limited to the harvesting and export of Land Hermit Crabs (Coenobita variabilis) and must avoid any prohibited fishing zones within Ramsar sites. Any failure to comply with these conditions could result in the revocation of the approval.
Failure to comply with the conditions set out in the declaration can result in serious consequences. The Act does not explicitly detail specific civil or criminal penalties for breaches; however, non-compliance could lead to the revocation of the approval, thereby rendering the operation illegal. If Crazy Crabs fails to adhere to the conditions, the Minister for the Environment has the authority to review and potentially cancel the approval. Additionally, any breaches of state or federal laws, such as harvesting without the required permits, could result in further penalties under those respective laws. The Act also provides avenues for review and appeal, allowing affected parties to seek reasons for the decision or apply for an independent review through the Administrative Appeals Tribunal.