Commonwealth Coat of Arms of Australia

 

List of Exempt Native Specimens Amendment (Queensland Spanner Crab Fishery) Instrument December 2024

I, JESSICA HOEY, Director, Sustainable Fisheries Section, Ocean and Wildlife Branch, as Delegate of the Minister for the Environment and Water make the following amending instrument.

20 December 2024    

JESSICA HOEY

Delegate of the Minister for the Environment and Water


Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Schedules

Schedule 1—Amendments

List of Exempt Native Specimens Instrument 2001

 


 

1  Name

  This instrument is the List of Exempt Native Specimens Amendment (Queensland Spanner Crab Fishery) Instrument December 2024.

2  Commencement

  This instrument commences on the day after it is registered.

3  Authority

  This instrument is made under subsection 303DC(1)(a) of the EPBC Act.

4  Definitions

  In this instrument:

  EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999.

5  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

List of Exempt Native Specimens Instrument 2001

  1.         Under the heading Freshwater and Marine Animals

Omit the following rows in the table:
 

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, taken in the Queensland Spanner Crab Fishery, which comprises the ‘C2’ and ‘C3’ areas of the ‘commercial spanner crab fishery’.

Queensland Spanner Crab Fishery

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

The specimens are included in the list until 28 August 2025.

2  Under the heading Freshwater and Marine Animals

Insert the following rows in the appropriate place in the table
 

Taxon/Item

Common Name

Notation

Specimens that are or are derived from fish or invertebrates taken in the Queensland Spanner Crab Fishery as defined in the management regime in force under the the Fisheries Act 1994 (Qld), Fisheries (General) Regulation 2019 (Qld), and Fisheries (Commercial Fisheries) Regulation 2019 (Qld), but not including:

  1.     specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or
  2.    specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or
  3.     specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
  4.     specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List).

Queensland Spanner Crab Fishery

The specimens are included in the list until 1 December 2034, subject to the following conditions.

Condition 1:

Operation of the Queensland Spanner Crab Fishery must be carried out in accordance with the management regime, including any relevant harvest strategy for the fishery, in force under the Fisheries Act 1994 (Qld), Fisheries (General) Regulation 2019 (Qld), Fisheries (Commercial Fisheries) Regulation 2019 (Qld), Fisheries Declaration 2019 (Qld) and Fisheries Quota Declaration 2019 (Qld).

Condition 2:

The Queensland Department of Primary Industries must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the Queensland Spanner Crab Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

Condition 3:

The Queensland Department of Primary Industries must inform the Department of Climate Change, Energy, the Environment and Water of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.

Condition 4:

The Queensland Department of Primary Industries must produce and present reports on the Queensland Spanner Crab Fishery to the Department of Climate Change, Energy, the Environment and Water by 30 September each year, commencing September 2025, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.