COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Amendment of List of Exempt Native Specimens – Western Australian Pilbara Fish Trawl Interim Managed Fishery and the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery, and the Southern Demersal Gillnet and Demersal Longline Managed Fishery, August 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 20 day of August 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 taken in the Western Australian Pilbara Fish Trawl Interim Managed Fishery as defined in the management regime in force under the Fish Resources Management Act 1994 (WA) and Fish Resources Management Regulations 1995 (WA), 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). | Western Australian Pilbara Fish Trawl 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. |
| 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 West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery, in force under the Western Australian Fish Resources Management Act 1994. | West Coast Demersal Gillnet and Demersal Longline Interim 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. |
| 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 Joint Authority Southern Demersal Gillnet and Demersal Longline Managed Fishery, in force under the Western Australian Fish Resources Management Act 1994. | Joint Authority Southern Demersal Gillnet and Demersal Longline 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. |
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 Fish Trawl Interim Managed Fishery as defined in the management regime in force under the Fish Resources Management Act 1994 (WA), the Aquatic Resources Management Act 2016 (WA), the Fish Resources Management Regulations 1995 (WA), 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 Fish Trawl Interim 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. |
| Specimens that are or are derived from fish or invertebrates taken in the Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery as defined in the management regime in force under the Fish Resources Management Act 1994 (WA), the Aquatic Resources Management Act 2016 (WA), the Fish Resources Management Regulations 1995 (WA), and the West Coast Demersal Gillnet and Demersal Longline Interim Fishery Management Plan 1997, 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). | West Coast Demersal Gillnet and Demersal Longline Interim 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. |
| Specimens that are or are derived from fish or invertebrates taken in the Western Australian Southern Demersal Gillnet and Demersal Longline Managed Fishery as defined in the management regime in force under the Fish Resources Management Act 1994 (WA), the Aquatic Resources Management Act 2016 (WA), the Fish Resources Management Regulations 1995 (WA), and the Southern Demersal Gillnet and Demersal Longline Fishery Management Plan 2018, 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 Demersal Gillnet and Demersal Longline 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. |