Federal Register of Legislation - Australian Government

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EPBC303DC/SFS/2017/15 Lists as made
This instrument amends the List of Exempt Native Specimens Instrument 2001 to include specimens from 8 Commonwealth Fisheries until the dates specified.
Administered by: Environment and Energy
Registered 21 Dec 2017
Tabling HistoryDate
Tabled HR05-Feb-2018
Tabled Senate05-Feb-2018
Date of repeal 23 Dec 2017
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999

 

Amendment of List of Exempt Native Specimens – Coral Sea, North West Slope and Western Deepwater Trawl, Torres Strait Bêche-de-mer, Torres Strait Finfish, Torres Strait Prawn, Torres Strait Trochus and Torres Strait Tropical Rock Lobster Fisheries, December 2017

 

 

I, ILSE KIESSLING, Acting Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment and Energy, pursuant to subsection 303DC(1)(a) 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.

 

 

 

Dated this       20                    day of              December                    2017

….……………………………………………….

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 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 Commonwealth Coral Sea Fishery, as defined in the Fisheries Management Regulations 1992 (CTH) made under the Fisheries Management Act 1991 (CTH).

Commonwealth Coral Sea 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 Commonwealth Western Deepwater Trawl Fishery and North West Slope Trawl Fishery, as defined in the Fisheries Management Regulations 1992 (CTH) made under the Fisheries Management Act 1991 (CTH).

Commonwealth Western Trawl Fisheries

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 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, taken in the Torres Strait Finfish Fishery, as defined in the Torres Strait Finfish Fishery Management Plan 2013 in force under the Torres Strait Fisheries Act 1984.

Torres Strait Finfish Fishery (Cth)

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, taken in the Torres Strait Prawn Fishery, as defined in the Torres Strait Prawn Fishery Management Plan 2009 in force under the Torres Strait Fisheries Act 1984.

Torres Strait Prawn Fishery (Cth)

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 Act, taken in the Torres Strait Trochus Fishery.

Torres Strait Trochus Fishery

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

The specimens are included in the list until 22 December 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 Commonwealth Coral Sea Fishery as defined in the management regime in force under the Fisheries Management Act 1991 (Cth) and the Fisheries Management Regulations 1992 (Cth).

Commonwealth Coral Sea Fishery

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

The specimens are covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.

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 Commonwealth Western Deepwater Trawl and North West Slope Trawl Fisheries as defined in the management regime in force under the Fisheries Management Act 1991 (Cth) and the Fisheries Management Regulations 1992 (Cth).

Commonwealth Western Deepwater Trawl and North West Slope Trawl Fisheries

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

The specimens are covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.

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 Bêche-de-mer Fishery as defined in the management regime in force under the Torres Strait Fisheries Act 1984 (Cth) and the Torres Strait Fisheries Regulations 1985 (Cth).

Torres Strait Bêche‑de‑mer Fishery

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

The specimens are covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.

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 Finfish Fishery as defined in the management regime in force under the Torres Strait Fisheries Act 1984 (Cth) and the Torres Strait Fisheries Regulations 1985 (Cth).

Torres Strait Finfish Fishery

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

The specimens are covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.

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 Prawn Fishery as defined in the management regime in force under the Torres Strait Fisheries Act 1984 (Cth) and the Torres Strait Fisheries Regulations 1985 (Cth).

Torres Strait Prawn 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 9 October 2026.

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 Trochus Fishery as defined in the management regime in force under the Torres Strait Fisheries Act 1984 (Cth) and the Torres Strait Fisheries Regulations 1985 (Cth).

Torres Strait Trochus 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 9 October 2026.

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) and the Torres Strait Fisheries Regulations 1985 (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 covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.