Declaration of an Approved Wildlife Trade Operation – Tasmanian Giant Crab Fishery, February 2025

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2025N00186 In force Notifiable Instrument

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COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – TASMANIAN GIANT CRAB FISHERY, FEBRUARY 2025

I, JESSICA HOEY, Director, Sustainable Fisheries Section, 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 Department of Natural Resources and Environment Tasmania 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 Tasmanian Giant Crab Fishery, as defined in the management regime in force under the Living Marine Resources Management Act 1995 (Tas), the Fisheries (Giant Crab) Rules 2023 (Tas), and the Fisheries (Scalefish) Rules 2015 (Tas), but not including:

  1.     specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or
  2.    specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or
  3.     specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
  4.    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:

  1.               is valid until 28 February 2028 and;
  2.              is subject to the conditions applied under section 303FT specified in Schedule 1.

 

Dated this 25 day of February 2025

………….…….…JESSICA HOEY………………………………

Delegate of the Minister for the Environment and Water

 

Notes: Under the Administrative Review Tribunal Act 2024, 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 Review 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 Tasmanian Giant Crab Fishery as an approved wildlife trade operation, February 2025

 

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), unless those specimens are subject to any exceptions as outlined in this declaration, taken in the Tasmanian Giant Crab Fishery:

Condition 1

Operation of the Tasmanian Giant Crab Fishery must be carried out in accordance with the relevant management plans in force under the Living Marine Resources Management Act 1995 (Tas), the Fisheries (Giant Crab) Rules 2023 (Tas), and the Fisheries (Scalefish) Rules 2015 (Tas).

Condition 2

The Department of Natural Resources and Environment Tasmania must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the Tasmanian Giant Crab Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

Condition 3

The Department of Natural Resources and Environment Tasmania 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 Department of Natural Resources and Environment Tasmania must produce and provide reports on the Tasmanian Giant Crab Fishery to the Department of Climate Change, Energy, the Environment and Water by 30 June annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

Condition 5

By 1 March 2026, the Department of Natural Resources and Environment Tasmania must implement a data collection program for the target species, giant crab (Pseudocarcinus gigas). The data collection program must collect sufficient data to enable the development and implementation of stock assessments of fished giant crab stocks and the production of biomass estimates.

Condition 6

By 1 September 2026, the Department of Natural Resources and Environment Tasmania must expand data collection in the Tasmanian Giant Crab Fishery to provide reliable information on discarded catch. This may involve mandatory reporting of discards in logbooks, some independent monitoring, fishery independent surveys, or other means.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive protection of Australia’s environment, particularly biodiversity and heritage, through the regulation of activities that may have a significant impact on these areas. This legislation was introduced by the Commonwealth Parliament to provide a robust framework for environmental protection and biodiversity conservation, aligning with national and international obligations. The Act aims to mitigate the impact of certain activities on the environment and biodiversity, ensuring sustainable use of natural resources. In this context, the declaration of the Tasmanian Giant Crab Fishery as an approved wildlife trade operation aims to balance the economic benefits of the fishery with the ecological sustainability and protection of threatened species, as required under the Act. The declaration ensures that the operations comply with relevant management plans and reporting requirements, thus contributing to the overarching policy objective of conserving Australia's unique biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the declaration of certain wildlife trade operations, including the Tasmanian Giant Crab Fishery. This declaration applies to operations for harvesting specimens of fish or invertebrates taken in the fishery, subject to specific exclusions outlined in the EPBC Act. These exclusions include specimens listed under Australia’s List of Migratory Species, Australia’s List of Marine Species, eligible listed threatened species, and Australia’s CITES List. The declaration is valid until 28 February 2028 and is subject to additional conditions specified in Schedule 1, which detail operational and reporting requirements to ensure compliance with the EPBC Act and other relevant legislation. These conditions mandate adherence to management plans and the implementation of a data collection program for giant crab, ensuring the ecological sustainability of the fishery. The declaration also allows for the review of decisions through the Administrative Review Tribunal under the Administrative Review Tribunal Act 2024.

Key Provisions

The core provisions of the declaration specify that the harvesting operations for the Tasmanian Giant Crab Fishery are recognised as an approved wildlife trade operation, as outlined in subsection 303FN(2) and paragraph 303FN(10)(d) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This recognition is subject to the exclusion of certain specimens, such as those belonging to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), section 248 (Australia’s List of Marine Species), section 303BC (eligible listed threatened species), and section 303CA (Australia’s CITES List). This declaration applies to specimens derived from fish or invertebrates taken in the fishery, but excludes those that fall into the specified categories of protected species. The declaration is valid until 28 February 2028, unless it is amended or revoked, and it is governed by conditions outlined in Schedule 1 of the declaration. The obligations imposed on the parties under this Act are primarily centred around compliance with existing management plans and reporting requirements. The Department of Natural Resources and Environment Tasmania must ensure that the operations of the Tasmanian Giant Crab Fishery are conducted in accordance with the relevant management plans under the Living Marine Resources Management Act 1995 (Tas), the Fisheries (Giant Crab) Rules 2023 (Tas), and the Fisheries (Scalefish) Rules 2015 (Tas). Additionally, the department must notify the Department of Climate Change, Energy, the Environment and Water of any material changes to the fishery management arrangements or fisheries legislation that could impact the assessment of the fishery’s ecological sustainability. Annual reporting on the fishery is also required, adhering to the guidelines for the ecologically sustainable management of fisheries. In terms of enforcement and consequences for non-compliance, the declaration does not explicitly outline specific offences or penalties within its text. However, breaches of the conditions set forth in Schedule 1, such as failing to adhere to management plans or not reporting as required, could lead to revocation of the approval or other regulatory actions under the EPBC Act. Given that the Act is a significant piece of legislation with a range of associated penalties for non-compliance, any breaches of the conditions could result in civil or criminal consequences, potentially including fines or other sanctions. The exact penalties would depend on the specific nature and severity of the breach, as detailed elsewhere in the EPBC Act.

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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.