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EPBC303DC/SFS/2017/13 Lists as made
This instrument deletes specimens from the List of Exempt Native Specimens (LENS) that are taken in 10 fisheries specified in Schedule 1 and includes specimens from the same 10 fisheries in the LENS until the dates specified in Schedule 2.
Administered by: Environment and Energy
Registered 20 Oct 2017
Tabling HistoryDate
Tabled HR23-Oct-2017
Tabled Senate13-Nov-2017

COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999

 

Amendment of List of Exempt Native Specimens – Torres Strait Beche-de-mer, Torres Strait Tropical Rock Lobster, South Australian Lakes and Coorong, New South Wales Abalone, New South Wales Estuary General, New South Wales Estuary Prawn Trawl, New South Wales Lobster, New South Wales Ocean Hauling, New South Wales Ocean Trawl and Northern Territory Demersal Fisheries, October 2017

                                                                                                      

 

I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment and Energy, pursuant to subsection 303DC(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), hereby amend the list of exempt native specimens established under section 303DB of the EPBC Act by deleting from the list specimens and any associated restrictions or conditions as set out in  Schedule 1, and by including in the list specimens and associated restrictions or conditions as set out in Schedule 2.

 

This instrument commences the day after it is registered.

 

All state and territory legislation referred to in Schedule 2 to the instrument is incorporated as in force at the time this instrument commences.

 

 

Dated this       18th                  day of              October           2017

 

 

 

 

………….…Paul Murphy……….........

Delegate of the Minister for the Environment and Energy


SCHEDULE 1

 

Under the heading Freshwater and Marine Animals delete from the list the following items and any associated notations:

 

Taxon/Item

Common Name

Notation

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Torres Strait Beche-de-mer Fishery.

Torres Strait Beche-de-mer Fishery

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully;

The specimens are included in the list until 27 October 2017.

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Torres Strait Tropical Rock Lobster Fishery,

Torres Strait Tropical Rock Lobster Fishery

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully;

The specimens are included in the list until 27 October 2017.

specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act, taken in the South Australian Lakes and Coorong Fishery, as defined in Fisheries Management (Lakes and Coorong Fishery) Regulations 2009 and the Fisheries Management (General) Regulations 2007 in force under the Fisheries Management Act 2007 (South Australia),

South Australian Lakes and Coorong Fishery

the specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and

the specimens are included in the list until 3 November 2017.

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act, taken in the New South Wales Abalone Fishery

New South Wales Abalone Fishery

 

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully;

The specimens are included in the list until 27 October 2017.

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act, taken in the New South Wales Estuary General Fishery as defined in the New South Wales Fisheries Management (Estuary General Share Management Plan) Regulation 2006 in force under the New South Wales Fisheries Management Act 1994

New South Wales Estuary General Fishery

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully;

The specimens are included in the list until 27 October 2017.

Specimens that are or are derived from fish or invertebrates, other than specimens listed under Part 13 of the EPBC Act, taken in the New South Wales Estuary Prawn Trawl Fishery

New South Wales Estuary Prawn Trawl Fishery

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully;

The specimens are included in the list until 27 October 2017.

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act, taken in the New South Wales Lobster Fishery, as defined in the management regime made under the Fisheries Management (Lobster Share Management Plan) Regulation 2000 and the Fisheries Management (General) Regulation 2010 in force under the Fisheries Management Act 1994

New South Wales Lobster Fishery

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully;

The specimens are included in the list until 27 October 2017.

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act, taken in the New South Wales Ocean Hauling Fishery as defined in the New South Wales Fisheries Management (Ocean Hauling Share Management Plan) Regulation 2006 in force under the New South Wales Fisheries Management Act 1994

New South Wales Ocean Hauling Fishery

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully;

The specimens are included in the list until 27 October 2017.

Specimens that are or are derived from fish or invertebrates, other than         specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list) taken in the New South Wales Ocean Trawl Fishery, as defined in the New South Wales Fisheries Management (Ocean Trawl Share Management) Regulation 2006 in force under the New South Wales Fisheries Management Act 1994,

New South Wales Ocean Trawl Fishery

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully;

The specimens are included in the list until 27 October 2017.

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act, taken in the Northern Territory Demersal Fishery, as defined in the management regime in force under the Northern Territory Fisheries Act 1988 and the Northern Territory Fisheries Regulation 1993.

Northern Territory Demersal Fishery

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully;

The specimens are included in the list until 27 October 2017.

 


 

SCHEDULE 2

 

Under the heading Freshwater and Marine Animals include in the list the following items and associated notations:

Taxon/Item

Common Name

Notation

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the Torres Strait Beche-de-mer Fishery as defined in the management regime in force under the Torres Strait Fisheries Act 1984 (Cth), the Torres Strait Fisheries Regulations 1985 (Cth), the Fisheries Management Act 1991 (Cth), and the Fisheries Management Regulations 1992 (Cth).

Torres Strait Beche-de-mer Fishery

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and

The specimens are included in the list until 22 December 2017.

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the Torres Strait Tropical Rock Lobster Fishery as defined in the management regime in force under the Torres Strait Fisheries Act 1984 (Cth), the Torres Strait Fisheries Regulations 1985 (Cth), the Fisheries Management Act 1991 (Cth), and the Fisheries Management Regulations 1992 (Cth).

Torres Strait Tropical Rock Lobster Fishery

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and

The specimens are included in the list until 22 December 2017.

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the South Australian Lakes and Coorong Fishery as defined in the management regime in force under the Fisheries Management Act 2007 (SA), the Fisheries Management (Lakes and Coorong Fishery) Regulations 2009 (SA) and the Fisheries Management (General) Regulations 2007 (SA).

South Australian Lakes and Coorong Fishery

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and

The specimens are included in the list until 2 March 2018.

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the New South Wales Abalone Fishery as defined in the management regime in force under the Fisheries Management Act 1994 (NSW), the Fisheries Management (Supporting Plan) Regulation 2006 (NSW), and the Fisheries Management (General) Regulation 2010 (NSW).

New South Wales Abalone Fishery

 

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and

The specimens are included in the list until 30 March 2018.

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the New South Wales Estuary General Fishery as defined in the management regime in force under the Fisheries Management Act 1994 (NSW), the Fisheries Management (Supporting Plan) Regulation 2006 (NSW), and the Fisheries Management (General) Regulation 2010 (NSW).

New South Wales Estuary General Fishery

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and

The specimens are included in the list until 30 March 2018.

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the New South Wales Estuary Prawn Trawl Fishery as defined in the management regime in force under the Fisheries Management Act 1994 (NSW), the Fisheries Management (Supporting Plan) Regulation 2006 (NSW), and the Fisheries Management (General) Regulation 2010 (NSW).

New South Wales Estuary Prawn Trawl Fishery

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and

The specimens are included in the list until 30 March 2018.

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the New South Wales Lobster Fishery as defined in the management regime in force under the Fisheries Management Act 1994 (NSW), the Fisheries Management (Supporting Plan) Regulation 2006 (NSW), and the Fisheries Management (General) Regulation 2010 (NSW).

New South Wales Lobster Fishery

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and

The specimens are included in the list until 30 March 2018.

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the New South Wales Ocean Hauling Fishery as defined in the management regime in force under the Fisheries Management Act 1994 (NSW), the Fisheries Management (Supporting Plan) Regulation 2006 (NSW), and the Fisheries Management (General) Regulation 2010 (NSW).

New South Wales Ocean Hauling Fishery

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and

The specimens are included in the list until 30 March 2018.

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the New South Wales Ocean Trawl Fishery as defined in the management regime in force under the Fisheries Management Act 1994 (NSW), the Fisheries Management (Supporting Plan) Regulation 2006 (NSW), and the Fisheries Management (General) Regulation 2010 (NSW).

New South Wales Ocean Trawl Fishery

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and

The specimens are included in the list until 30 March 2018.

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the Northern Territory Demersal Fishery as defined in the management regime in force under the Fisheries Act 1988 (NT) and the Fisheries Regulations 1993 (NT).

Northern Territory Demersal Fishery  

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and

The specimens are included in the list until 4 May 2018.