Federal Register of Legislation - Australian Government

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EPBC303DC/SFS/2020/05 Lists as made
This instrument amends the List of Exempt Native Specimens Instrument 2001 by revoking the conditions to which the inclusion of specimens that are, or are derived from, fish or invertebrates taken in the Queensland Commercial Trawl (Fin Fish) Fishery is subject.
Administered by: Agriculture, Water and the Environment
Registered 25 Aug 2020
Tabling HistoryDate
Tabled HR26-Aug-2020
Tabled Senate27-Aug-2020

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

Amendment of List of Exempt Native Specimens – Queensland Commercial Trawl (Fin Fish) Fishery, August 2020

I, STEPHEN OXLEY, First Assistant Secretary, Heritage, Reef and Wildlife Trade Division, 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 revoking the conditions to which the inclusion of the following item in the list on 29 May 2020 is subject:

Specimen that are, or are derived from, fish or invertebrates taken in the Queensland Commercial Trawl (Fin Fish) Fishery as defined in the management regime in force under the Fisheries Act 1994 (Queensland) and Fisheries (General) Regulation 2019, Fisheries (Commercial Fisheries) Regulation 2019, Fisheries Declaration 2019 and Fisheries Quota Declaration 2019 (Queensland), but not including:

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

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

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

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

and imposing the following conditions to which inclusion of the specimens in the list is subject:

·         The specimen, or the fish or invertebrate from which it is derived, was taken lawfully and the specimens are included in the list until 31 August 2023.

·         This instrument is a legislative instrument for the purposes of the Legislation Act 2003.

The 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 19th day of August 2020

 

 

Stephen Oxley

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

Specimen that are, or are derived from, fish or invertebrates taken in the Queensland Commercial Trawl (Fin Fish) Fishery as defined in the management regime in force under the Fisheries Act 1994 (Queensland) and Fisheries (General) Regulation 2019, Fisheries (Commercial Fisheries) Regulation 2019, Fisheries Declaration 2019 and Fisheries Quota Declaration 2019 (Queensland), but not including:

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

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

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

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

Queensland Commercial Trawl (Fin Fish) 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 31 August 2020.

 


 

SCHEDULE 2

 

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

Taxon/Item

Common Name

Notation

Specimen that are, or are derived from, fish or invertebrates taken in the Queensland Commercial Trawl (Fin Fish) Fishery as defined in the management regime in force under the Fisheries Act 1994 (Queensland) and Fisheries (General) Regulation 2019, Fisheries (Commercial Fisheries) Regulation 2019, Fisheries Declaration 2019 and Fisheries Quota Declaration 2019 (Queensland), but not including:

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

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

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

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

Queensland Commercial Trawl (Fin Fish) 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.