Federal Register of Legislation - Australian Government

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EPBC303DC/SFS/2020/13 Lists as made
This instrument amends the List of Exempt Native Specimens Instrument 2001 by deleting from, and including in the list, specimens that are or are derived from fish or invertebrates taken in the Western Australian Pilbara Trap Managed Fishery.
Administered by: Agriculture, Water and the Environment
Registered 08 Jan 2021

COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999

 

Amendment of List of Exempt Native Specimens – Western Australian Pilbara Trap Managed Fishery, January 2021

 

                                           

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 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.

 

 

 

Dated this   7th day of January  2021

 

 

 

 

….………………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

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 Pilbara Trap Managed Fishery

Western Australian Pilbara Trap Managed 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 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 Western Australian Pilbara Trap Managed Fishery, as defined in the management regime in force under the Fish Resources Management Act 1994 (FRMA, will be replaced by the Aquatic Resources Management Act once enacted); Fish Resources Management Regulations 1995 (FRMR); FRMA Section 43 Order — Prohibition on Commercial Fishing for Demersal Scalefish (Pilbara Area) Order 1997 and Prohibition on Fishing by Line from Fishing Boats (Pilbara Waters) Order 2006 , 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 Australian Pilbara Trap Managed 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.