The Threatened Species Protection Act 1995 (TSP Act), is an act of the Parliament of Tasmania that provides the statute relating to conservation of flora and fauna. Its long title is An Act to provide for the protection and management of threatened native flora and fauna and to enable and promote the conservation of native flora and fauna. It received the royal assent on 14 November 1995.
As of 25 November 2020, the TSP Act is administered by the Department of Primary Industries, Parks, Water and Environment (Tasmania) and is the primary legislation for the listing, protection and conservation of threatened native flora and fauna in Tasmania. Threatened species in Tasmania can also be listed on the Environment Protection and Biodiversity Conservation Act 1999, which is the primary national legislation for the protection of threatened species in Australia.
The objectives of the TSP Act are to ensure the survival of native flora and fauna as well to encourage, educate and assist the Tasmanian community and relevant landowners to engage in the conservation and protection of endemic flora and fauna.Threatened Species Protection Act 1995. (2021). Retrieved 20 April 2021, from https://www.legislation.tas.gov.au/view/html/inforce/current/act-1995-083
Listing process
For a species to be eligible for listing on the Act, it must be considered to be a native Tasmanian flora or fauna. Alongside Tasmania's endemic flora and fauna, The Threatened Species Protection Amendment Act 2001 adjusted the definition of native flora and fauna to allow the listing and protection of migrant species, as well as vagrant or hybrid species if deemed appropriate by the Scientific Advisory Committee.Threatened Species Protection Amendment Act 2001. (2021). Retrieved 12 May 2021, from https://www.legislation.tas.gov.au/view/whole/html/asmade/act-2001-107
If a species is eligible for protection under the TSP Act, any person may submit a form nominating that species for listing or delisting.Process for Listing Threatened Species onto the Tasmanian Threatened Species Protection Act 1995. (2021). Retrieved 21 April 2021, from https://dpipwe.tas.gov.au/conservation/threatened-species-and-communities/process-for-listing-threatened-species Upon receiving a nomination, the Scientific Advisory Committee decides whether the species meet the legislative guidelines and must publish an initial decision within 12 months. This initial decision is then published in the Tasmanian Government Gazette and several Tasmanian newspapers so that comment can be made. After this 30-day period, any comment or scientific advice received is used to synthesise a final decision. The Minister for Environment Parks must inform the public of this decision to make an Order under the Act in the Gazette and newspapers. An Order under the TSP Act may seek to list, delist or alter the status of one or more species. As of 25 November 2020, there have been 22 Threatened Species Protection Orders enacted.
Assessing threatened species
Scientific Advisory Committee The assessment of nominations for the listing or delisting of species under the TSP Act is overseen by the Scientific Advisory Committee (Threatened Species). The Scientific Advisory Committee (SAC) is a body provided for by the TSP Act, whose function is to make recommendations to the Minister and Secretary of Primary Industries and Water on the listing and delisting of species. As well as suggesting amendments to the TSP Act and providing expert advice on the management of conservation and threatening processes in Tasmania.GUIDELINES FOR ELIGIBILITY FOR LISTING UNDER THE THREATENED SPECIES PROTECTION ACT 1995. (2021). Retrieved 20 April 2021, from https://dpipwe.tas.gov.au/Documents/Threatspeciesguidelines.pdf The SAC is composed of seven experts from various fields, whose collective expertise must include: vertebrate and invertebrate fauna, vascular and non-vascular flora, taxonomy, and the fields of marine, freshwater, terrestrial and population ecology.
Categorisation of taxa The assessment guidelines for the TSP Act were devised with several major taxonomic groups in mind: vertebrate and invertebrate fauna, vascular and non-vascular flora, fungi and marine species. However, when listed, taxa are placed into one of four groups: vertebrate fauna, invertebrate fauna, vascular flora or non-vascular flora.List of Threatened Species. (2021). Retrieved 20 April 2021, from https://dpipwe.tas.gov.au/conservation/threatened-species-and-communities/lists-of-threatened-species/full-list-of-threatened-species
Threat levels If a species is approved for listing on the TSP Act, they are placed in one of five categories depending on how the circumstances of that species' population meet certain thresholds of endangerment:
Criterion 1 – endangered
An extant taxon of native flora or fauna may be listed as endangered if it is in danger of extinction because long-term survival is unlikely while the factors causing it to be endangered continue operating."
Criterion 2 – endangered (presumed extinct)
A taxon of native flora or fauna may be listed as endangered because it is presumed to be extinct on the ground that no occurrence of the taxon in the wild can be confirmed during the past 50 years."
Criterion 3 – vulnerable
A taxon of native flora or fauna may be listed as vulnerable if it is likely to become an endangered taxon while the factors causing it to be vulnerable continue operating."
Criterion 4 – rare
A taxon of native flora or fauna may be listed as rare if it has a small population in Tasmania that is not endangered or vulnerable but is at risk."
Criterion 5 – taxa below the level of subspecies
A taxon of native flora or fauna which is below the level of sub-species and which is narrowly defined owing to its taxonomic position, environmental conditions or geography may be listed only if, in addition to the requirements of this section, there is a special need to conserve it in Tasmania."
Application of the IUCN Red List in Tasmania These levels of threat, along with the assessment processes of the TSP Act are largely structured around the International Union for Conservation of Nature (IUCN) Red List framework. The IUCN Red List is often used by national or regional bodies when constructing conservation management frameworks. It aims to provide an efficient mechanism for the objective classification of taxa to a threat level based upon certain thresholds of population decline.Gärdenfors, U., Hilton-Taylor, C., Mace, G., & Rodríguez, J. (2008). The Application of IUCN Red List Criteria at Regional Levels. Conservation Biology, 15(5), 1206-1212. doi: 10.1111/j.1523-1739.2001.00112.x This objective process is enabled by removing expert opinion from the final classification of a species, which is done using data analysis to determine extinction risk.MACE, G., COLLAR, N., GASTON, K., HILTON-TAYLOR, C., AKÇAKAYA, H., & LEADER-WILLIAMS, N. et al. (2008). Quantification of Extinction Risk: IUCN's System for Classifying Threatened Species. Conservation Biology, 22(6), 1424-1442. https://doi.org/10.1111/j.1523-1739.2008.01044.x The IUCN framework instead uses expert knowledge to inform the process of mapping, listing and conservation, but aims to remove any subjective opinion from the final decision.RODRIGUES, A., PILGRIM, J., LAMOREUX, J., HOFFMANN, M., & BROOKS, T. (2006). The value of the IUCN Red List for conservation. Trends In Ecology & Evolution, 21(2), 71-76. https://doi.org/10.1016/j.tree.2005.10.010
There are several major challenges faced when applying the IUCN Red List at a regional level, and the IUCN offer insight into how it should best be approached. If a region is isolated, and minimal migration of fauna occurs across borders of management, then the region may utilise the Red List criteria in a global context. However, the movement of taxa, particularly fauna, across borders and between regions of different authority, can be a substantial challenge in accurately listing population size, especially when endemic and introduced species and their breeding and non-breeding members are considered. The IUCN recommends that firstly a species' population and risk is assessed within the regional area, and after an initial classification is made, extraneous global factors should be used to adjust the classification if needed. Since Tasmania is an island, with many endemic species of flora and fauna, it is in an advantageous position to adopt the IUCN Red List Framework.
The levels of threat on the TSP Act differ from the Red List slightly; where the Red List has a distinction between "Endangered" and "Critically Endangered", the TSP Act just has a broader Endangered category. The TSP Act also uses the category "Rare", which is not used on the Red List. All taxa within a certain category are provided the same level of protection under the law, however conservatory action is taken subjective to the needs of an individual species.
Threatened species in Tasmania As of November 25, 2020, there are 681 species listed on the TSP Act. Of these, 121 are vulnerable, 313 are rare, 220 are endangered and 27 are now extinct. There are a further 39 Tasmanian native species listed on the EPBC Act that are not listed on the TSP Act. The EPBC Act uses the criteria: conservation dependant, vulnerable, endangered, critically endangered, extinct and extinct in the wild. Of these Tasmanian species listed on the EPBC Act, 7 are conservation dependant, 21 are vulnerable, 8 are endangered, and 3 are critically endangered.
Extinctions Australia has one of the highest extinction rates of native animals in the world. This is due to many factors, however, the greatest contributors are invasive species, variations and increases in the number and severity of bushfires and the loss of at least 33% of Australia's vegetation and native habitat. Since the European settlement of Australia, the extinction of at least 90 species has occurred;Ward, M., Simmonds, J., Reside, A., Watson, J., Rhodes, J., & Possingham, H. et al. (2019). Lots of loss with little scrutiny: The attrition of habitat critical for threatened species in Australia. Conservation Science And Practice, 1(11). doi: 10.1111/csp2.117Walsh, J., Watson, J., Bottrill, M., Joseph, L., & Possingham, H. (2012). Trends and biases in the listing and recovery planning for threatened species: an Australian case study. Oryx, 47(1), 134-143. doi: 10.1017/s003060531100161x of these species, 27 were native to Tasmania, 19 flora and 8 fauna. The most notable of these extinctions is that of the Tasmanian tiger (Thylacine).