Federal Register of Legislation - Australian Government

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Lists as made
This instrument amends the List of Exempt Native Specimens Instrument 2001 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.
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To be repealed 08 Mar 2023
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003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 Western Tuna and Billfish Fishery, November 2022

I, ADAM SINCOCK, Principal Director, Wildlife Trade Office, as 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 10th 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 Western Tuna and Billfish Fishery as defined in the Western Tuna and Billfish Fishery Management Plan 2005 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).

Western Tuna and Billfish 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 Commonwealth Western Tuna and Billfish Fishery as defined in the Western Tuna and Billfish Fishery Management Plan 2005 in force 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 Western Tuna and Billfish 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 EPBC Act in relation to the fishery.