COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – NEW SOUTH WALES MARINE VEGETATION FISHERY, APRIL 2024

I, BELINDA JAGO, Branch Head, Ocean and Wildlife Branch, as Delegate of the Minister for the Environment and Water, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the New South Wales Marine Vegetation Fishery 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 New South Wales Marine Vegetation Fishery as defined in the management regime in force under the:

• Fisheries Management Act 1994 (NSW),
• Fisheries Management (General) Regulations 2019 (NSW),

but not including:

(a)    specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or

(b)   specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or

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

(d)   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 7 April 2027, and

b)             is subject to the conditions applied under section 303FT specified in Schedule 1.

Dated this 3rd day of April 2024

……….…Belinda Jago………………

Delegate of the Minister for the Environment and Water

Notes: 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 reasons may be made in writing to the Department of Climate Change, Energy, the Environment and Water 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, Department of Climate Change, Energy, the Environment and Water, Email: sustainablefisheries@dcceew.gov.au.

Schedule 1

Declaration of the harvest operations of the New South Wales Marine Vegetation Fishery as an approved wildlife trade operation, April 2024

Condition 1:

Operation of the New South Wales Marine Vegetation Fishery must be carried out in accordance with permit conditions in force under Clause 98A of the Fisheries Management (General) Regulations 2019 and the Fisheries Management Act 1994.

Condition 2:

The New South Wales Department of Primary Industries must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the New South Wales Marine Vegetation Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

Condition 3:

The New South Wales Department of Primary Industries must inform the Department of Climate Change, Energy, the Environment and Water of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.

Condition 4:

The New South Wales Department of Primary Industries must produce and present reports on the New South Wales Marine Vegetation Fishery to the Department of Climate Change, Energy, the Environment and Water by 30 September annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

Condition 5:

By 7 April 2025, NSW DPI must ensure that no more than 25% of available beach wrack is collected for commercial purposes from any one beach, on any one day.