Federal Register of Legislation - Australian Government

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EPBC303DC/SFS/2018/13 Lists as made
This instrument amends the List of Exempt Native Specimens Instrument 2001 to include specimens from the New South Wales Sea Urchin and Turban Shell Restricted Fishery and the Commonwealth Small Pelagic Fishery.
Administered by: Environment and Energy
Registered 23 Oct 2018
Tabling HistoryDate
Tabled HR24-Oct-2018
Tabled Senate12-Nov-2018
Date of repeal 03 Apr 2019
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003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 – New South Wales Sea Urchin and Turban Shell Restricted Fishery and Commonwealth Small Pelagic Fishery, October 2018

 

 

I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, 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 is a legislative instrument for the purposes of the Legislation Act 2003.

 

The instrument commences the day after it is registered.

 

 

 

Dated this        22nd    day of              October                        2018

 

 

Paul Murphy

 

 

 

Delegate of the Minister for the Environment

 


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 New South Wales Sea Urchin and Turban Shell Restricted Fishery as defined in the New South Wales Fisheries Management Act 1994 and New South Wales Fisheries Management Regulations 2010.

New South Wales Sea Urchin and Turban Shell Restricted Fishery

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

·    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 Act, taken in the Small Pelagic Fishery as defined in the Small Pelagic Fishery Management Plan 2009 made under the Fisheries Management Act 1991.

Commonwealth Small Pelagic Fishery

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

·    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.

 

 


 

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 taken in the New South Wales Sea Urchin and Turban Shell Restricted Fishery as defined in the management regime in force under the Fisheries Management Act 1994 (NSW) and Fisheries Management Regulations 2010 (NSW), but not including:

·    specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or

·    specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List).

New South Wales Sea Urchin and Turban Shell Restricted Fishery

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

·    the specimens are included in the list until 31 March 2028.

Specimens that are or are derived from fish or invertebrates taken in the Commonwealth Small Pelagic Fishery as defined in the Small Pelagic Fishery Management Plan 2009 made under the Fisheries Management Act 1991 (Cth), but not including:

·    specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or

·    specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List).

Commonwealth Small Pelagic Fishery

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

·    the specimens are included in the list until 21 October 2023.