Amendment of List of Exempt Native Specimens – Commonwealth Torres Strait Tropical Rock Lobster Fishery, December 2023 (Cth)

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

Amendment of List of Exempt Native Specimens – Commonwealth Torres Strait Tropical Rock Lobster Fishery, December 2023

I, BELINDA JAGO, Branch Head, Ocean and Wildlife Branch, as Delegate of the Minister for the Environment and Water, 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 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.

This instrument commences on 4 December 2023.

Dated this 19th day of October 2023

Belinda Jago

….…………………….……………………………….

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, 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 Torres Strait Tropical Rock Lobster Fishery as defined in the management regime in force under the Torres Strait Fisheries Act 1984 (Cth) and the Torres Strait Fisheries Regulations 1985 (Cth).	Torres Strait Tropical Rock Lobster 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 Torres Strait Tropical Rock Lobster Fishery in force under the Torres Strait Fisheries Act 1984 (Cth)), Torres Strait Fisheries Regulations 1985 (Cth), Torres Strait Fishery (Quotas for Tropical Rock Lobster (Kaiar)) Management Plan 2018 (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 Torres Strait Tropical Rock Lobster Fishery	·     the specimen, or the fish or invertebrate from which it is derived, was taken lawfully; ·     the Australian Fisheries Management Authority 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; ·     the Australian Fisheries Management Authority must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the Commonwealth Torres Strait Tropical Rock Lobster Fishery management arrangements that may affect this approval; ·     the Australian Fisheries Management Authority must provide the Department of Climate Change, Energy, the Environment and Water with an annual report by June each year detailing any changes in the fishery; and ·     the specimens are included in the list until 4 December 2033.