Federal Register of Legislation - Australian Government

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EPBC303DC/SFS/2020/09 Lists as made
This instrument amends the List of Exempt Native Specimens Instrument 2001 to delete from, and include in the list, specimens that are or are derived from fish or invertebrates taken in the Queensland East Coast Otter Trawl Fishery.
Administered by: Agriculture, Water and the Environment
Registered 12 Nov 2020

COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999

 

Amendment of List of Exempt Native Specimens – Queensland east Coast otter trawl fishery, november 2020

 

I, LAURA TIMMINS, Senior Director, Wildlife Trade Office, 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 of specimens and any notations specified 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.

 

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

 

 

 

Dated this 11 day of November 2020

 

 

 

Laura Timmins

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

giant scarlet prawns (Aristaeopsis edwardsiana), royal red prawns (Haliporoides sibogae), giant red prawn (Aristaeomorpha foliacae) and scampi (Metanephrops spp. and Nephropsis spp.) taken by Schulz Fisheries Pty Ltd in the Queensland East Coast Otter Trawl Fishery as defined in the Queensland Fisheries (East Coast Trawl) Management Plan 2010 in force under the Queensland Fisheries Act 1994,

Queensland East Coast Otter Trawl Fishery

the specimen, or the fish 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 Queensland East Coast Otter Trawl Fishery, but not including:

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

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

 

Queensland East Coast Otter Trawl 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.


 

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 Queensland East Coast Otter Trawl Fishery as defined as defined in the management regime for fisheries symbols T1, T2, M1 and M2in force under the Queensland Fisheries Act 1994, Fisheries (General) Regulation 2019, Fisheries (Commercial Fisheries) Regulation 2019, Fisheries Declaration 2019, Fisheries Quota Declaration 2019 and Fisheries Legislation Amendment Regulation 2020, 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 East Coast Otter 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 31 August 2021.