COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – TASMANIAN MARINE PLANT FISHERY, DECEMBER 2023

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 Tasmanian Department of Natural Resources and Environment 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 Marine Plant Fishery as defined in the management regime in force under the:

• Living Marine Resources Management Act 1995 (Tas)
• Fisheries (Marine Plant) Rules 2017 (Tas)
• Marine Plant Fishery Policy 2017 (Tas)

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 5 December 2026, and

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

Dated this 27th day of November 2023

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 Tasmania Marine Plant Fishery as an approved wildlife trade operation, December 2023

Condition 1

Operation of the Tasmanian Marine Plant Fishery must be carried out in accordance with the management regime under the Living Marine Resources Management Act 1995 (Tas) and Fisheries (Marine Plant) Rules 2017 (Tas).

Condition 2

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

Condition 3

The Tasmanian Department of Natural Resources and Environment 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 Tasmanian Department of Natural Resources and Environment must produce and present annual reports on the Tasmanian Marine Plant Fishery to the Department of Climate Change, Energy, the Environment and Water by 31 December each year, with the first report due by 31 December 2024. These reports must be consistent with Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

Condition 5

The Tasmanian Department of Natural Resources and Environment must review harvest levels for each authorised harvest location each year, and if any significant change in harvest levels or harvest rate is detected, investigate the cause of the change, and if necessary, implement measures to ensure the ecological function of the beach-cast wrack is not jeopardised.

Outcomes of the review must be presented in annual reports each year, commencing in 2024.