Posidonia seagrass meadows ecological community Consultation Guide Posidonia seagrass meadows has been nominated for protection as an ‘Endangered’ ecological community under Australia’s national environmental law, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). A scientific assessment is being undertaken to gather information about this ecological community and evidence on whether it is threatened or not. The Department of the Environment is conducting a period of public consultation and is seeking comments on: o Whether the ecological community merits listing in the ‘Endangered’ category. o Whether the draft description (in particular, the draft key diagnostic characteristics and draft condition thresholds) could be improved (and if so, how). If eligible for listing under the EPBC Act there would be benefits for the environment and associated ecosystem services, and benefits and opportunities for industry, commercial and recreational fishers and the community. EPBC Act listings are aimed at protecting national environment values and are not designed to stop recreational activities, commercial and recreational fishing or development. Existing and routine activities, and actions previously approved under other legislation are generally exempt from the EPBC Act. If listed there may be some activities or developments that will require referral (consideration) under the EPBC Act, for example, new port and wharf developments. Public consultation and input from the Australian public is an important and valuable part of the scientific assessment process. Public consultation on the Posidonia seagrass meadows ecological community nomination A public nomination was received in 2010 to list Posidonia seagrass meadows as an 'Endangered' ecological community under the EPBC Act. The Threatened Species Scientific Committee is assessing this nomination for potential listing. The Committee is an independent group of scientists appointed to provide advice to the Australian Government Minister of Environment on threatened species and ecological communities. The views of stakeholders are a vital part of the assessment process. A formal public consultation period for this ecological community is now open and will close on 16 February 2013. Comments are sought on the draft description for the ecological community, and the nomination to list the ecological community as ‘Endangered’. All comments received are forwarded to the Committee and the Minister for consideration. Once the Committee has completed its scientific assessment, its advice on whether to list and the likely conservation status will be forwarded to the Minister. It is the Minister who decides if an ecological community should be listed and which conservation category applies. Under the EPBC Act, the Minister’s listing decision is made on whether the ecological community meets the listing criteria and whether listing will benefit its survival. 1 What is an ecological community under national environment law and how is it protected? The Australian Government’s main environmental law is the EPBC Act. It protects specific items identified as Matters of National Environmental Significance. Threatened species and ecological communities are one of eight matters of national environmental significance. The protection and approval processes of the EPBC Act are triggered if there is likely to be a significant detrimental impact to matters of national environmental significance. The EPBC Act defines an ecological community as an assemblage of native species that inhabits a particular area in nature. They often relate to types of vegetation, for instance a certain kind of terrestrial woodland, grassland or rainforest but two marine ecological communities are also currently listed: ‘Giant Kelp Marine Forests of South East Australia’ and ‘Subtropical and Temperate Coastal Saltmarsh’. The native plants and animals within an ecological community have different roles and relationships that contribute to the maintenance and function of the community. As well as being important because of their unique biodiversity and distinctive place within the Australian landscape and seascape, ecological communities also contribute to a healthy environment. They also provide vital wildlife corridors and habitat refuge for many threatened plant and animal species and help to provide clean air and water, store carbon, control erosion and salinity and provide natural resources which benefits people and society. Human settlements and infrastructures where an ecological community formerly occurred do not form part of the natural environment and are therefore not included – e.g. sites where an ecological community has been cleared or removed for a port or other development. This also applies to sites where the ecological community exists in a highly degraded state, for instance, areas where much of the native vegetation has been replaced by invasive species, are no longer part of a natural ecological community. What is the listing process for national ecological communities? Under the EPBC Act, members of the public can nominate an ecological community for listing during a formal nomination period that is usually open between November and March each year. Nominations received are prioritised for assessment by the independent Threatened Species Scientific Committee (the Committee) and the final priority assessment list (FPAL) is approved by the Australian Government Environment Minister. Priority nominations undergo a thorough scientific assessment by the Committee. The assessment involves clarifying the definition of the ecological community, determining where it occurs, and rigorously assessing its eligibility for listing as nationally threatened. An ecological community must be demonstrated to be significantly impacted by identified threats. It should also be shown that if these threats are not managed, there is a risk that the ecological community may be changed irreversibly and its natural composition and/or function could be lost forever. Three categories exist for listing ecological communities, depending on the level of extinction risk: vulnerable, endangered or critically endangered. All assessments undergo public consultation on the proposal to list. As ecological communities are often complex, public consultation usually occurs after initial discussion with experts has clarified the definition of the ecological community. What is the Posidonia seagrass meadows ecological community? The ecological community is the suite of organisms including and associated with Posidonia australis complex seagrass meadows. The species that make up the P. australis complex are P. australis, P. angustifolia, and P. sinuosa. 2 The ecological community occurs in temperate/subtropical waters from Shark Bay in Western Australia to Wallis Lake in New South Wales and around Bass Strait and other islands and along the north coast of Tasmania. It consists of continuous to patchy seagrass meadows with at least 50% P. australis complex species seagrass cover of total seagrass cover. It occurs in shallow subtidal coastal waters (<20 m) in locations with protection from high wave energy. For example, exposed waters with high water movement but protected by limestone reefs, fringing reefs, in the lee of islands or at a depth of reduced wave energy; in sheltered gulfs, bays and semi enclosed embayments; and downstream in estuaries. It occurs primarily on sand or silty-mud substrate. Why is the ecological community important? The ecological community is highly productive and provides habitat, shelter and food for a diverse array of fauna permanently and temporarily inhabiting the ecological community (some of which are important to fisheries). Posidonia seagrasses are not usually a direct food source for grazers. Mostly, the seagrass provides a stable substratum for the establishment of other plants (epiphytes) and animals (epifauna), upon which the grazers feed. The epiphyte community supports a diverse number of consumers including gastropods, amphipods, isopods, shrimps and other crustaceans, and herbivorous fish. The ecological community also provides important nursery habitat for some fish and crustaceans. The ecological community filters the water, removing and recycling nutrients, and stabilises sediment on the seabed, preventing large scale sand movement. The ecological community is an important carbon sink, capturing and storing carbon through photosynthesis and by trapping particles in the water column. Seagrass debris may be transported well beyond the range of the meadow and subsequently provides food and shelter to animals and microorganisms in other environments as well as contributing to the stability of beach sediments. The major vulnerability of the ecological community is that it doesn’t recover from disturbance. The ecological community has declined due to increasing human pressures that decrease water quality reducing light available for seagrass growth (e.g. through increased turbidity and nutrient levels) and physically damage seagrasses (e.g. through clearing, propeller scouring and changes in water movement through coastal constructions). Protection will help to ensure the preservation of a community that provides essential ecosystem services for the environment and to people. What are the benefits of listing an ecological community under the EPBC Act? There are a number of benefits to listing ecological communities under the Australian Government’s national environment law. Listing an ecological community can help to protect the landscapes and seascapes that provide connectivity, corridors and refuge essential to protect and improve the ecological function, health and biodiversity of this system. It can protect habitat critical for refuge and recruitment for threatened species and for other species that are under pressure in the region. In turn, this helps foster the ecosystem services associated with an ecological community. 3 Listing threatened ecological communities helps protect them from future significant human impacts that may cause further decline. The aim of the national environment law is to ensure the matters of national environmental significance are given due consideration, along with broader economic, social and other issues in the planning of any large projects. Where possible, significant adverse impacts to the environment should be avoided, or the impacts mitigated, reduced or offset, when unavoidable. National listing encourages agencies and community and natural resource management groups (e.g. Landcare and Coastcare) to access environmental funding opportunities for conservation and recovery works. The Australian Government has a variety of funding programs to encourage land and sea managers to continue to conserve biodiversity and ecosystem services. A conservation advice, published at the time of listing, provides guidance and options for environmental decision-making. What are the implications of listing a threatened ecological community under the EPBC Act? Listed threatened ecological communities are a matter of national environmental significance. The national environment law is triggered by activities that are likely to have a significant adverse impact on matters of national environmental significance; activities such as new port developments or large scale infrastructure projects. If a proposed action is likely to have a significant impact, it would require: referral (determining if the action may have a significant impact on the ecological community or not) assessment (the scope of the assessment depends on the complexity of the proposed action and impacts), and a decision on approval from the Minister (who considers the environmental, social and economic factors involved). Will activities that happened before a listing or ongoing and routine activities need to be referred? Activities which were routine or began before the listing of an ecological community can typically continue without referral/approval. Such exemptions apply to activities that were either already legally approved (termed 'prior authorisation'), or are ongoing (termed 'continuing use'). Activities carried out in line with state and territory laws and guidelines covering native vegetation and fishing often do not require referral under national environment law. Additionally, an ecological community listing will only apply to species that are native and natural to the ecological community. For example, fishing for introduced species is not regulated by the EPBC Act. Routine activities not requiring EPBC referral include the following: Recreational fishing within legal zones and limits; Commercial fishing within approved sustainable catch limits; Lawful recreational boating; 4 Maintaining facilities such as existing ports, jetties/wharves, boat ramps and visitor centres; Collection of seagrass washed up on beaches. How would listing Posidonia seagrass meadows impact on recreational fishing? Recreational fishing is regulated in all states and territories. These regulations restrict the activities of anglers through measures such as fishing gear restrictions; size and bag limits; and closed fishing seasons. The legal catch of a recreational angler is unlikely to constitute a significant impact on native fish species and as such, should Posidonia seagrass meadows be listed as a threatened ecological community, recreational fishers can continue to enjoy their fishing within the existing rules. How would listing Posidonia seagrass meadows impact on commercial fishing? Commercial fishing in Australia is managed by Commonwealth, state and territory governments. Should Posidonia seagrass meadows be listed as a threatened ecological community, approved commercial fishing activities can continue within existing rules. What activities might need to be referred for approval under the EPBC Act? New, changed or intensified activities that are likely to have a significant impact (i.e. an irreversible or long-term detrimental impact) on a listed ecological community may need Australian Government approval and should therefore be referred. Whether or not an action is likely to have a significant impact depends upon the sensitivity, value and quality of the environment which is impacted, and upon the intensity, duration, magnitude and geographic extent of the impacts. Activities likely to require referral include: permanently clearing large areas of the ecological community; dumping waste or contaminated water within or adjacent to the ecological community or otherwise changing the water quality around the ecological community; development of a tourist resort or other developments adjacent or near to the ecological community; and expansion of an existing port or construction of a new port, harbour, marina, wharf within or near to the ecological community. In many cases there may be no need to refer an action if the ecological community and the ecosystem services it provides are taken into account first. Careful planning can often avoid or mitigate any significant detrimental impacts. For instance, locating public jetties and boat ramps away from the Posidonia seagrass meadows. The Minister can also take socioeconomic factors into account when making decisions on specific approvals. 5 Where can I get more information? More information on what actions may/may not require assessment if this community is listed can be found here: http://www.environment.gov.au/resource/significant-impact-guidelines-11matters-national-environmental-significance More information on the Posidonia seagrass meadows ecological community and what listing may mean for you can be obtained from the websites below: The listing process: http://www.environment.gov.au/topics/biodiversity/threatened-speciesecological-communities/threatened-ecological-communities The EPBC referral and approval process: http://www.environment.gov.au/topics/environment-protection/environmentassessments/assessment-and-approval-process/decision-your Australian Government Natural Resource Management initiatives: www.nrm.gov.au Or you can contact the department’s Community Information Unit: Phone: 1800 803 772 (free call) Email: ciu@environment.gov.au 6