Federal Register of Legislation - Australian Government

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EPBC303DC/SFS/2019/09 Lists as made
This instrument amends the List of Exempt Native Specimens Instrument 2001 to delete or include specimens that are or are derived from fish and invertebrates taken in the Commonwealth Southern Bluefin Tuna Fishery and the Commonwealth Western Tuna and Billfish Fishery.
Administered by: Environment and Energy
Registered 20 Nov 2019
Tabling HistoryDate
Tabled HR25-Nov-2019
Tabled Senate25-Nov-2019
To be repealed 25 Feb 2020
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003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 – Commonwealth Southern Bluefin Tuna Fishery and Commonwealth Western Tuna and Billfish Fishery, November 2019

 

I, NATHAN SIBLEY, Acting Assistant Secretary, Environment Approvals and Wildlife Trade 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        15th     day of              November        2019

 

 

SIGNED

 

….……………………Nathan Sibley……………………….

 

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 EPBC Act, taken in the Southern Bluefin Tuna Fishery, as defined in the Southern Bluefin Tuna Fishery Management Plan 1995 (as amended), in force under the Commonwealth Fisheries Management Act 1991.

Southern Bluefin Tuna Fishery (Cth)

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, and
specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list)
taken in the Western Tuna and Billfish Fishery, as defined in the Western Tuna and Billfish Fishery Management Plan 2005 in force under the Commonwealth Fisheries Management Act 1991

Western Tuna and Billfish 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 28 November 2019.

 


 

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 Southern Bluefin Tuna Fishery as defined in the Southern Bluefin Tuna Fishery Management Plan 1995 in force under the Fisheries Management Act 1991 (Cth), but not including:

(a)    specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or

(b)   specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or

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

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

Southern Bluefin Tuna Fishery (Cth)

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 taken in the Western Tuna and Billfish Fishery as defined in the Western Tuna and Billfish Fishery Management Plan 2005 in force under the Fisheries Management Act 1991 (Cth), but not including:

(a)    specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or

(b)   specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or

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

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

Western Tuna and Billfish 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.