COMMONWEALTH OF AUSTRALIA

I, Laura Timmins, Senior Director, Wildlife Trade Office, as Delegate of the Minister for the Environment, have considered the application from the Department of Primary Industries and Regions, South Australia in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act); as well as public comments on the proposal as required under section 303FR; 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 taken in the South Australian Beach-cast Marine Algae Fishery, as defined in the management regime in force under the Fisheries Management Act 2007 (SA), Fisheries Management (Miscellaneous Developmental Fishery) Regulations 2013 (SA), Fisheries Management (Miscellaneous Fishery) Regulations 2015 (SA), Fisheries Management (General) Regulations 2017 (SA), 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 17 September 2024 and;

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

Dated this 17 day of September 2021

 

 

………….…….……………………

Delegate of the Minister for the Environment

Notes:

1. 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 Agriculture, Water and the Environment 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, Wildlife Trade Assessments Section, Department of Agriculture, Water and the Environment, Telephone: 02 6274 1715 Email: sustainablefisheries@awe.gov.au.

2.    Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Australia’s CITES list under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia’s CITES Scientific Authority has issued a non-detriment finding for that species. Further information, including a list of species for which non detriment findings have been issued and the fisheries from which they may be sourced, is available from htttp://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally-endangered-plants-and-animals-cites/how-export.

Schedule 1

Part 13A conditions to the Department of Primary Industries and Regions, South Australia on the approved wildlife trade operation declaration for the South Australian Beach-cast Marine Algae Fishery - September 2021

Condition 1

Operation of the South Australian Beach-cast Marine Algae Fishery must be carried out in accordance with the management arrangements specified under the following legislation:

Condition 2

The Department of Primary Industries and Regions, South Australia must inform the Department of Agriculture, Water and the Environment of any intended material changes to the South Australian Beach-cast Marine Algae Fishery management arrangements (including permit conditions) that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

Condition 3

The Department of Primary Industries and Regions, South Australia must inform the Department of Agriculture, Water and the Environment of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.

Condition 4

The Department of Primary Industries and Regions, South Australia must produce and present reports to the Department of Agriculture, Water and the Environment annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.

Condition 5

By 1 September 2022, the Department of Primary Industries and Regions, South Australia must complete and publish an ecologically sustainable development risk assessment that considers the impacts of the Beach-Cast Marine Algae Fishery on associated species, habitats, and ecological processes. This should consider all relevant credible and documented information (including new and emerging research).

In undertaking the review of the risk assessment, PIRSA should adopt the method and terminology set out by Fletcher et al. (2002). Under this framework, components of the fishing activity rated at a risk level of Moderate or higher require management action.

Condition 6

By 1 April 2023, the Department of Primary Industries and Regions, South Australia, must publish a Management Policy and begin, or continue to implement, measures to address any risks categorised as Moderate or higher in the ecological risk assessment.

The department’s progress in implementing the Management Policy and any associated risk mitigation activities should be included in annual reports provided to the Department of Agriculture Water and the Environment (as specified at Condition 4 of the wildlife trade operation approval).

Condition 7

By 1 July 2022, the Department of Primary Industries and Regions, South Australia must implement measures to ensure permit holders in the fishery have the necessary resources and tools to identify and report on any interactions with shorebirds (including Hooded Plovers) sighted within the area of the harvest.

The outcomes of this process must be included in annual reports provided to the Department of Agriculture Water and the Environment (as specified at Condition 4 of the wildlife trade operation approval).