Federal Register of Legislation - Australian Government

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EPBC303DC/SFS/2022/05 Lists as made
This instrument amends the List of Exempt Native Specimens Instrument 2001 to update the entry for the Southern Bluefin Tuna Fishery.
Administered by: Climate Change, Energy, the Environment and Water
Registered 10 Nov 2022
Tabling HistoryDate
Tabled HR21-Nov-2022
Tabled Senate21-Nov-2022
To be repealed 08 Mar 2023
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

Commonwealth Coat of Arms of Australia

COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999

 

Amendment of List of Exempt Native Specimens – Commonwealth Southern Bluefin Tuna Fishery, November 2022

 

                                           

I, Adam Sincock, Delegate of the Minister for the Environment and Water, 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 notations specified in Schedule 1, and by including in the list specimens and associated notations 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 November 2022

 

 

Adam Sincock

….……………………………………………….

Delegate of the Minister for the Environment and Water

 

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 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.

 

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 Commonwealth Southern Bluefin Tuna Fishery as defined in the Southern Bluefin Tuna Fishery Management Plan 1995 made under the Fisheries Management Act 1991 (Cth) and Fisheries Management Regulations 2019 (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).

Commonwealth Southern Bluefin Tuna 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.