COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

Amendment of List of Exempt Native Specimens – NSW Abalone, NSW Estuary General, NSW Estuary Prawn Trawl, NSW Lobster, NSW Ocean Hauling, NSW Ocean Trawl, QLD East Coast Spanish Mackerel, QLD Marine Aquarium Fish, QLD Sea Cucumber (East Coast) and QLD East Coast Otter Trawl Fisheries, March 2018

I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment and Energy, 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 restrictions or conditions as set out in Schedule 1, and by including in the list specimens and associated restrictions or conditions as set out in Schedule 2.

This instrument commences the day after it is registered.

Dated this 23rd day of March 2018

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Delegate of the Minister for the Environment and Energy

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 EPBC Act (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the New South Wales Abalone Fishery as defined in the management regime in force under the Fisheries Management Act 1994 (NSW), the Fisheries Management (Supporting Plan) Regulation 2006 (NSW), and the Fisheries Management (General) Regulation 2010 (NSW).	New South Wales Abalone Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and The specimens are included in the list until 30 March 2018.
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 (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the New South Wales Estuary General Fishery as defined in the management regime in force under the Fisheries Management Act 1994 (NSW), the Fisheries Management (Supporting Plan) Regulation 2006 (NSW), and the Fisheries Management (General) Regulation 2010 (NSW).	New South Wales Estuary General Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and The specimens are included in the list until 30 March 2018.
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 (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the New South Wales Estuary Prawn Trawl Fishery as defined in the management regime in force under the Fisheries Management Act 1994 (NSW), the Fisheries Management (Supporting Plan) Regulation 2006 (NSW), and the Fisheries Management (General) Regulation 2010 (NSW).	New South Wales Estuary Prawn Trawl Fishery	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and The specimens are included in the list until 30 March 2018.
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 (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the New South Wales Lobster Fishery as defined in the management regime in force under the Fisheries Management Act 1994 (NSW), the Fisheries Management (Supporting Plan) Regulation 2006 (NSW), and the Fisheries Management (General) Regulation 2010 (NSW).	New South Wales Lobster Fishery		The specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and The specimens are included in the list until 30 March 2018.
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 (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the New South Wales Ocean Hauling Fishery as defined in the management regime in force under the Fisheries Management Act 1994 (NSW), the Fisheries Management (Supporting Plan) Regulation 2006 (NSW), and the Fisheries Management (General) Regulation 2010 (NSW).	New South Wales Ocean Hauling Fishery		The specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and The specimens are included in the list until 30 March 2018.
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 (other than a species listed in the conservation dependent category), and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the New South Wales Ocean Trawl Fishery as defined in the management regime in force under the Fisheries Management Act 1994 (NSW), the Fisheries Management (Supporting Plan) Regulation 2006 (NSW), and the Fisheries Management (General) Regulation 2010 (NSW).	New South Wales Ocean Trawl Fishery		The specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and The specimens are included in the list until 30 March 2018.
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 (other than a species listed in the conservation dependent category) and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the Queensland East Coast Spanish Mackerel Fishery,	Queensland East Coast Spanish Mackerel Fishery		The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and, The specimens are included in the list until 30 March 2018.
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 (other than a species listed in the conservation dependent category) and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the Queensland Sea Cucumber Fishery (East Coast),	Queensland Sea Cucumber Fishery (East Coast)	The specimen, or the fish or invertebrate from which it is derived, was taken lawfully; and, The specimens are included in the list until 30 March 2018.
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, and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list) taken in the Queensland Marine Aquarium Fish Fishery as defined in the management regime in force under the Queensland Fisheries Act 1994 and Queensland Fisheries Regulations 2008,	Queensland Marine Aquarium Fish 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, and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list), taken in the Queensland East Coast Otter Trawl Fishery	Queensland East Coast Otter Trawl 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 New South Wales Abalone Fishery, but not including: