COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

Amendment of List of Exempt Native Specimens

I, IAN CAMPBELL, Minister for the Environment and Heritage, pursuant to subsection 303DC(1) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act), hereby amend the list of exempt native specimens established under section 303DB of the Act by including in the list the specimens in the schedule:

with a notation that inclusion of the specimens in the list is subject to the following restrictions or conditions:

• The specimen, or the fish or invertebrate from which it is derived, was taken lawfully;

• The specimen is included on the list until 1 December 2005.

Dated this  30th  day of   August  2004

…………………Ian Campbell………………………

Minister for the Environment and Heritage

SCHEDULE

Amendment to the List of Exempt Native Specimens

Specimens to which the amendment applies

• 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 West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery, as defined in the West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery Management Plan 1997, made under the Western Australian Fish Resources Management Act 1994.
• 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 West Coast Purse Seine Limited Entry Fishery, as defined in the West Coast Purse Seine Limited Entry Notice 1989, made under the Western Australian Fisheries Act 1905 and transitioned as a management plan under the Fish Resources Management Act 1994.
• 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 South Coast Trawl Fishery, managed through the use of Section 43 Order being Notice No 556 (Condition 73 and 79 on Fishing Boat Licences), made under the Western Australian Fisheries Act 1905 and transitioned under the Fish Resources Management Act 1994.
• 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 South Coast Purse Seine Limited Entry Fishery, as defined in the South Coast Purse Seine Limited Entry Notice 1994, made under the Western Australian Fisheries Act 1905 and transitioned as a management plan under the Fish Resources Management Act 1994.
• 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 Marine Aquarium Fish Managed Fishery, as defined in the Marine Aquarium Fish Management Plan 1995, made under the Western Australian Fisheries Act 1905 and transitioned as a management plan under the Fish Resources Management Act 1994.
• 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 Joint Authority Southern Gillnet and Longline Limited Entry Fishery, as defined in the Joint Authority Southern Gillnet and Longline Limited Entry Notice 1992, made under the Western Australian Fisheries Act 1905 and transitioned as a management plan under the Fish Resources Management Act 1994.

• 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 North Coast Shark Fishery, managed through the use of Section 43 Order being Notice No 602 (Condition 127 on Fishing Boat Licences), made under the Western Australian Fisheries Act 1905 and transitioned under the Fish Resources Management Act 1994.
• 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 Joint Authority Northern Shark Fishery, managed through the use of Section 43 Order being Notice No 602 (Condition 127 on Fishing Boat Licences), made under the Western Australian Fisheries Act 1905 and transitioned under the Fish Resources Management Act 1994.
• 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 Warnbro Sound (Crab) Limited Entry Fishery, as defined in the Warnbro Sound (Crab) Limited Entry Fishery Notice 1995 made under the Western Australian Fisheries Act 1905 and transitioned as a management plan under the Fish Resources Management Act 1994.
• 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 Cockburn Sound Crab Managed Fishery, as defined in the Cockburn Sound Crab Fishery Management Plan 1995 made under the Western Australian Fisheries Act 1905 and transitioned as a management plan under the Fish Resources Management Act 1994.
• 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 WA Blue Swimmer Crab fisheries, managed through exemptions issued under Section 7 of the Fish Resources Management Act, 1994 which exempt operators from Section 43 Order being Notice No 462 and 677, made under the Western Australian Fish Resources Management Act 1994.
• 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 WA Blue Swimmer Crab Fishery Comet Bay, managed through the use of Section 43 Order being Notice No 462 and 677 (Condition 205 on Fishing Boat Licences), made under the Western Australian Fisheries Act 1905 and transitioned under the Fish Resources Management Act 1994.
• 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 West Coast Estuarine Fishery, as defined in the West Coast Estuarine Fishery (Interim) Management Plan 2003 made under the Western Australian Fish Resources Management Act 1994.

• 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 New South Wales Ocean Trap and Line Fishery, as defined in Schedule 1 of the New South Wales Fisheries Management Act 1994.
• 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 New South Wales Ocean Trawl Fishery, as defined in Schedule 1 of the New South Wales Fisheries Management Act 1994.
• 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 New South Wales Lobster Fishery, as defined in Schedule 1 of the New South Wales Fisheries Management Act 1994.
• 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 New South Wales Abalone Fishery, as defined in Schedule 1 of the New South Wales Fisheries Management Act 1994.
• Specimens that are derived from invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the New South Wales Sea Urchin and Turban Shell Fishery, as defined in the New South Wales Fisheries Management (General) Regulation 2002.
• 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 South Australian Scalefish Fishery, as defined in the Fisheries (Scheme of Management - Marine Scalefish Fisheries) Regulations 1991, made under the South Australian Fisheries Act 1982. 
• 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 South Australian Lakes and Coorong Fishery, as defined in the Fisheries (Scheme of Management - Lakes and Coorong Fishery) Regulations 1991, made under the South Australian Fisheries Act 1982. 
• 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 South Australian Sea Urchin Fishery, as defined in the Fisheries (Scheme of Management - Miscellaneous Fishery) Regulations 2000, made under the South Australian Fisheries Act 1982. 
• 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 Victorian Scallop Fishery, as defined under the Victorian Fisheries Act 1995 and Fisheries Regulations 1998.

• 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 Victorian Sea Urchin Developing Fishery, as declared by Ministerial Direction and administered under the provisions of the Victorian Fisheries Act 1995 and Fisheries Regulations 1998.
• 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 Tasmanian Scallop Fishery, as defined in the Fisheries (Scallop) Rules 2000, made under the Tasmanian Living Marine Resources Management Act 1995.
• 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 Tasmanian Octopus Fishery, as defined by Permits issued under Section 14 of the Tasmanian Living Marine Resources Management Act 1995, for the purpose of taking octopus.
• 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 Queensland Coral Reef Finfish Fishery as defined in the Fisheries (Coral Reef Fin Fish) Management Plan 2003 and the Fisheries Management Plans Amendment Management Plan (No. 1) 2004 made under the Fisheries Act 1994 and subsequent amendments.
• 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 Queensland East Coast Estuarine and Inshore Finfish Fishery as defined under management arrangements in the Fisheries Regulation 1995 made under the Fisheries Act 1994 and subsequent amendments.
• 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 Eastern Tuna and Billfish Fishery as defined in the Fisheries Management Regulations 1992 made under the Fisheries Management Act 1991.
• 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 Norfolk Island Offshore Demersal Finfish Fishery as defined in the Fisheries Management Regulations 1992 made under the Fisheries Management Act 1991.
• 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 Macquarie Island Fishery as defined in the Fisheries Management Regulations 1992 made under the Fisheries Management Act 1991.
• 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 Eastern Skipjack Fishery as defined in the Fisheries Management Regulations 1992 made under the Fisheries Management Act 1991.

• 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 Western Skipjack Fishery as defined in the Fisheries Management Regulations 1992 made under the Fisheries Management Act 1991.
• 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 Informally Managed Purse Seine Fishery in accordance with Fishing Permits granted under Section 32 of the Fisheries Management Act 1991.
• 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 Torres Strait Finfish Fishery as defined in a Proclamation made under the Torres Strait Fisheries Act 1984.
• 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 Torres Strait Trochus Fishery as defined in a Proclamation made under the Torres Strait Fisheries Act 1984.
• 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 Torres Strait Pearl Shell Fishery as defined in a Proclamation made under the Torres Strait Fisheries Act 1984.