Amendment of List of Exempt Native Specimens – Commonwealth Eastern Tuna and Billfish Fishery and Commission for the Conservation of Antarctic Marine Living Resources Ross Sea Exploratory Toothfish Fishery, August 2019 (Cth)

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

Amendment of List of Exempt Native Specimens – Commonwealth Eastern Tuna and Billfish Fishery and Commission for the Conservation of Antarctic Marine Living Resources Ross Sea Exploratory Toothfish Fishery, August 2019

I, NATHAN SIBLEY, Acting Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, pursuant to subsection303DC(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 notations specified in Schedule 1, and by including in the list specimens and associated restrictions or conditions 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                   19^th day of       August 2019

[SIGNED]

….…………………Nathan Sibley…………………….

Delegate of the Minister for the Environment

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, and specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES list) taken in the Eastern Tuna and Billfish Fishery, as defined in the Eastern Tuna and Billfish Fishery Management Plan 2010 in force under the Commonwealth Fisheries Management Act 1991,	Commonwealth Eastern Tuna and Billfish 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 22 August 2019.
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 by Australian flagged vessels authorised under permits issued under the Commonwealth Fisheries Management Act 1991 to operate in the ‘Exploratory fishery for Dissostichus spp. in Subareas 88.1 and 88.2’ of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) Convention Area (Ross Sea exploratory toothfish fishery)	Ross Sea Exploratory Toothfish 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 31 October 2019.

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 Eastern Tuna and Billfish Fishery as defined in the Eastern Tuna and Billfish Fishery Management Plan 2010 made under the Fisheries Management Act 1991 (Cth), but not including: ·    specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or ·    specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List).	Commonwealth Eastern 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.
Specimens that are or are derived from fish or invertebrates, taken by Australian flagged vessels authorised under permits issued under the Fisheries Management Act 1991 (Cth) to operate in the Ross Sea Exploratory Toothfish Fishery in Subareas 88.1 and 88.2 of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) Convention Area, but not including: ·    specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or ·    specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List).	CCAMLR Ross Sea Exploratory Toothfish Fishery	·    the specimen, or the fish or invertebrate from which it is derived, was taken lawfully; ·    the specimens are included in the list until 27 November 2020.