Declaration of an Approved Wildlife Trade Operation – Tasmanian Giant Crab Fishery, February 2025 (Cth)
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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.