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Supplementary Form C —

(
Use this supplementary form if you are applying for a permit to kill, injure, take, trade, keep or move a listed species or ecological community, a listed migratory species, or a listed marine species in a Commonwealth Area. You will also need to complete “The General Permit Application Form”.

If you are proposing to take or send specimens out of Australia it is likely that you will also need an export permit. Import permits may also be necessary for taking specimens into an overseas country. For more information on imports and exports contact the Wildlife Trade Assessments Section on 02 6274 2880.

Please note that it is a requirement under subsection 200(3) of the Environment Protection and Biodiversity Conservation Act 1999 that details of this application (which may include the applicant's name) be provided to persons or bodies registered with the Department of Sustainability, Environment, Water, Population and Communities under section 266A of the Act, and to whom notice of applications is to be given, for the purpose of inviting submissions from those persons or bodies regarding permit applications.
use Form A for Cetaceans)


  1. Under which section(s) of the EPBC Act are you applying for this permit?

It will help you complete your application if you know which list in the EPBC Act the affected species/ecological community appears on.


Search the lists at: www.environment.gov.au/cgi-bin/sprat/public/sprat.pl
Please note some species appear on more than one list. For example the Green Turtle Chelonia mydas is a listed threatened species, a listed migratory species, and a listed marine species.

Select all that apply

Section 201 — Listed threatened species and ecological communities 

Section 216 — Listed migratory species 

Section 258 — Listed marine species 



  1. On the next page list details of species or ecological communities that will be affected by the action.
    Use the following codes to enter details in columns 3, 4 and 5.

Column 3 Conservation status of threatened species or ecological communities under EPBC Act

EW Extinct in the wild

EX Extinct

CE Critically endangered

EN Endangered

VU Vulnerable

CD Conservation dependent

Column 5 Type of effect

DE Death


IN Injury

TR Trading

TA Taking

KE Keeping

MO Moving

Details of species or ecological communities that will be affected by the action.



Common name of listed species/ecological communities, listed migratory species, or listed marine species.

Scientific name of species

Common and scientific names are available at the Department’s website: www.environment.gov.au/cgi-bin/sprat/public/sprat.pl

Conservation status under EPBC Act

Estimated number that will be affected. For ecological communities, provide estimate of the affected area

Type of effect

     Storm-petrel sp.

     Family: Hydrobatidae: sp.




     8

TA

     Storm-petrel sp.

Family: Hydrobatidae: sp.

  

     2

DE

     

     

  

     

  




     

  

     

  

Where the project is of less than 1 km2 in size, provide the location as a single pair of latitude and longitude references. Latitude and longitude references should be used instead of AMG and/or digital coordinates.

Locality:



Latitude:




degrees:




minutes:




seconds:

Longitude





degrees:




minutes




seconds:

Where the project area is greater than 1 km2, or any dimension is greater than 1 km, provide additional coordinates to enable accurate identification of the location of the project area.

The collecting area is off the east coast of Australia, above the Queensland seamounts and bound by

North 26.50”S / 155.00W

South 29.50”S/155.00”W

West 28.00”S/156.00”W

East 28.00”S/154.50”W

Attach a map to show the boundaries of the area in which the action will be conducted.

See fig below with northern, southern, western and eastern bountaries of the catching area marked





  1. Provide an attachment describing the action addressing the following points.

  1. The objectives and purposes of the action;

  2. The equipment and methods used;

4 What are the likely short and long term impacts of the proposed action on the species or the ecological community?

Objective: Since 2011 ‘striped’ storm-petrels have been observed off the Queensland coast and above both the Queensland and Britannia Seamounts off the east coast of Australia. Initially these storm-petrels were thought to be New Zealand Storm-petrels, Fregetta maoriana, BirdLife Australia Rarities case number 699 and 755. However, more recently it has been suggested that there may be a second species of striped storm-petrel off the east coast of Australia, this species being the Peale Storm-petrel, Pealea lineata (Murphy and Snyder 1952) which is known only from three specimens collected in different localities in the 1800s. Two Peale Storm-petrels were collected from Upolu (now known as Samoa) and one from the Banks Peninsula, New Zealand. It was reported that Peale Storm-petrels were common in the torrid zone of the Pacific Ocean and a specimen was also collected from the mountains of Somoa (Upola) during the breeding season; this specimen has since been lost.
The main objective is to study and clarify the identity of these ‘striped’ storm-petrels which are migrating over deeper pelagic waters above the chain of seamounts off the east coast of Australia.
Although this species is unlikely to breed in Australia, the number of observations of ‘striped’ storm-petrels off the eastern Australian coast compared to the number of times that we manage to get off the coast into the area, where we are likely to be encountered, suggest that these storm-petrels regularly migrate past Australia and these birds must be considered an important part of the pelagic seabird biodiversity. Because of this it is important to clarify their identity and to begin to establish how important the seamounts are to this and other species of seabirds of the east coast of Australia.

Description of Action:      

To establish the identity of these ‘striped’ storm-petrels, it is proposed to catch up to 10 storm-petrels in area off the east coast of Queensland where the storm-petrels have been observed since 2011 (the pelagic water above the Britannia and Queensland Seamounts).


Once these storm-petrels are located in the catching area, a small boat will be launched and people experienced in catching storm-petrels will begin to catch storm-petrels using a commercially available net-gun. The net-gun that we will be using poses little risk of injury to the birds as the likelihood of a bird being hit by one of the projectiles (one of the few means that bird could be injured) is very low. The projectiles and net are designed to float on the surface of the water and the birds will be retrieved within 20 seconds of capture. Storm-petrels captured by this technique use their wings and feet to keep themselves afloat (for more detail on the capture technique, a document provided to the AEC has also been attached).
No injuries have been recorded in the capture of 54 Endangered New Zealand Storm-petrels (F.maaoriana) or 12 Pincoya Storm-petrels (Oceanites pincoyae) caught using net-guns between Jan 2006 and Feb 2013.
Once a storm-petrel is caught it will be placed in a cloth bag where it will be transported back to the larger boat. Once on the larger boat, the bird will be processed, where:

Standard morphometric measurements will be collected;

Three feathers will plucked from the breast;

Banded with a ABBBS band; and

Released back at near the point of capture.
There is possibly that these storm-petrels are from previously undescribed taxa. If the morphometric and descriptions of these storm-petrels do not fit the known information for any of the known species including either the New Zealand Storm-petrel or the Peale Storm-petrel there may be the need at least one voucher specimen and may be two to clarify the identification and to have a type specimen. These voucher specimen will be euthanized using standard euthanasia methods, using a combination of Zoletil (100mg/ml) as muscle relaxant and Valabarb (325mg/ml) as the euthanizing drug. These specimens will be donated to the Australian Museum


5 Describe the steps that will be taken to minimise impacts on the listed species/ecological community, including contingency plans in the case of events that may adversely affect members of the species/ecological community.

To minimise injures to the storm-petrels, we have imposed some self-imposed rules on when the net-gun can be fired. These rules include:

1. the net-gun will not be fired if there is more than one bird in the catching of the net,

2. Storm-petrels will only be targeted as they approach the vessel at 90° to the person catch,

3. With the net-gun firing successfully, the bird will quickly be bought back into the boat and into a cloth bag and transferred to the larger bag for processing,

4. If a second bird is caught, either another storm-petrel or another species, both birds will be quickly removed from under the net, the second bird examined for injures prior to being released near the site of capture.

As the storm-petrels are being released alive back near the capture site, there is minimal impact to this species or the environment.

Net-guns can result in the death of birds, analysis of the literature has shown that these deaths have been the result of the net-guns being used inappropriately such as the net-guns being used from helicopters and the birds being left under the nets for long periods while the pilots finding somewhere safe to land the helicopter and the researcher having to relocated the captured bird. Unlike capturing birds from a helicopter, the storm-petrels are under constant observation by both the operator of the net-gun and observers on the small boat and larger boat.


6 Attach a description of any research relevant to the affected species or communities that will be carried out in the course of or in conjunction with the proposed action, including:

A. a copy of the research proposal;

B. the names of the researchers and institutions involved in or supporting the research; and

C relationship of the researchers to the permit applicant, including any funding being provided by the permit applicant.



7 Will the action involve invasive techniques?

No  Go to next question

Yes  If permit relates to mammals, birds, reptiles or amphibians, attach evidence that the proposed methods have been approved by an independent Animal Ethics Committee (this may include a State or Territory ethics committee, even if the action is conducted in a Commonwealth area).
A permit can only be issued under one of the following criteria: the action

  • will contribute significantly to the conservation of a listed species/ecological community (go to Question 8); or

  • will be incidental to, and not the purpose of the action (go to Question 12); or

  • is of particular significance to indigenous tradition (go to Question 15); or

  • is necessary to control pathogen(s) (go to Question 18).


8 Are you applying on the basis that the action will contribute significantly to the conservation of a listed species/ecological community?

No  Go to 12

Yes  Go to next question

9 Why do you believe that the action will contribute significantly to the conservation of listed species/ecological communities, listed migratory species or listed marine species?

There are number of conservation benefits resulting from this study:

1. In general any information gained from this study will add to the knowledge for these pelagic seabirds and were it migrates through Australian water each year

2. If the storm-petrels prove to be the Critically Endangered New Zealand Storm-petrel the confirmation that this species migrates through eastern Australian waters greatly adds information to both the conservation of this species and the importance of the seamounts off the east coast of Australia to seabird. This will also assist in find the New Zealand Storm-petrel non-breeding area

3. . If this species proves to be Peale Storm-petrel, this gives considerable impetus to the search for this species, knowing that this species still exists. Once found, there is potential for the breeding area to be protected

4. If the storm-petrel is a new species of storm-petrel, this is only the start of the search for the species and its conservation.


10 Will the proposed action implement the recommendations of any recovery plan or wildlife conservation plan in force for the species or ecological community that may be affected by the action?

Commonwealth recovery plans that are in force are available at

www.environment.gov.au/biodiversity/threatened/recovery-list-common.html

Commonwealth wildlife conservation plans that are in force are available at www.environment.gov.au/biodiversity/migratory/publications/shorebird-plan.html

State and territory recovery plans are available from state and territory environmental agencies.

No  Go to next question

Yes  Describe how this will be implemented.



At present this species of storm-petrel has no conservation value in Australia or any Australian state. At present we do not know what species of storm-petrel we have been observing during some of our pelagic seabird trip of the east coast of Australia.     

Eventually this project will have implications for management of the species. However, at present we do not know what the species is and the current project is only to establish the taxonomic identity of these storm-petrels. Until we can catch some of these storm-petrels and compare them compare a combination of measurements and DNA characters to the known species in museums will we able to establish what species of storm-petrel are migrating through eastern Australian waters each, or may be a previously undescribed taxon.

It will be important to establish how important the area above the Queensland and Britannia seamounts are for this species, as this area of Eastern Australia is the main area where we have encountered this species of storm-petrel


11 Will the proposed action respond directly or indirectly to recommendations of any national or international organisation responsible for management of the affected species?

No  Go to next question

Yes  Describe how the proposed action will respond.




12 Are you applying on the basis that the impact of the action will be incidental to, and not the purpose of, the action?

No  Go to 15

Yes  Go to next question

13 Why do you believe that the impact of the action will be incidental to and not the purpose of the action?


14 Why do you believe that the taking of the action will not adversely affect the:
i. survival or recovery in nature of the species or ecological community?
ii. conservation status of a listed species or ecological community?

     

15 Are you applying on the basis that the action is of particular significance to indigenous tradition?
No  Go to 18

Yes  Go to next question

16 Explain why do you believe that the proposed action will be of particular significance to indigenous tradition?

     

17 Why do you believe that the proposed action will not adversely affect the:

i. survival or recovery in nature of the listed species or ecological community; or

ii. conservation status of the listed species or ecological community.


     

18 Are you applying on the basis that the action is necessary to control a pathogen(s), and is conducted in a way that will, as far as is practicable, keep to a minimum any impact on listed species/ecological communities, listed migratory species or listed marine species?

No  Continue to Payment Section

Yes  Go to next question

19 Why do you believe that the action is necessary for the control of pathogen(s)?

     

20 Explain how the action will be conducted in a way to minimise impacts on the species/communities affected.

     

If you have answered NO to Questions 8, 12, 15 and 18, it is

unlikely that a permit can be issued under the EPBC Act.

21 Fees

The following fees apply:

- permits relating to listed threatened species or ecological communities - $100

- permits relating to listed migratory species - nil

- permits relating to listed marine species – nil

Please note that exemption from fee payment may apply under circumstances as set out in EPBC Regulation 18.04.


22 Are you paying by credit card

No  Go to 23

Yes  Complete the following details

Card: Visa  Bankcard  MasterCard 

Card number


    




    




    




    

Expiry date (month/year)

     

Card holder’s name as shown on card

     

Amount

     

Cardholder’s signature





23 Attachments

Indicate below which documents are attached.

Description of proposed action
See question 3 

Description of relevant research


See question 6 

Evidence of approval of invasive techniques


See question 7 

Cheque for payment of fee


See question 21 

24 Declaration

I declare that the information contained in this supplementary form is correct to the best of my knowledge.

Signature of applicant





Name of person signing

     

Date

     

Send this application and fee to:

Commonwealth and Territories Section


Department of Sustainability, Environment, Water, Population and Communities

Australian Government

GPO Box 787
CANBERRA ACT 2601
Fax: 02 6274 1789

Email: EPBC.Permits@environment.gov.au



Page of 6 12 Oct 2011


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