Amendment to List of CITES Species (16/06/2010) (Cth)

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

Amendment to List of CITES Species

I, Debra Jayne Callister-Carter, Assistant Secretary for the Wildlife Branch of the Department of the Environment, Water, Heritage and the Arts, pursuant to paragraphs 303CA(9)(a), (b) and (c) of the Environment Protection and Biodiversity Conservation Act 1999, hereby amend the List of CITES Species established under Subsection 303CA(1) of Part 13A of that Act, as set out in Schedule 1 to this instrument.

The amendments to Appendices I, II and III of the List of CITES Species will take effect on 23 June 2010.

Dated this 16th day of June 2010

SIGNED

DEBRA CALLISTER-CARTER

Acting Assistant Secretary

Wildlife Branch

Department of the Environment, Water, Heritage and the Arts

Notes:

CITES means the Convention on International Trade in Endangered Species of Wild Fauna and Flora made at Washington on 3 March 1973, as amended and in force for Australia from time to time.

Delete from Appendix I

Taxon	Common Name	Appendix	Notation	First Listed
Anas oustaleti	Marianas duck, Island duck, Oustalet’s grey mallard, Mariana’s mallard	I	1 Jul 75

Delete from Appendix II

Taxon	Common Name	Appendix	Notation	First Listed
Euphorbia misera	Euphorbia	II	1 Jul 75
Orothamnus zeyheri	Marsh-rose	II	Refer to Plantae listing for general exclusions.	1 Jul 75
Protea odorata	Ground-rose	II	Refer to Plantae listing for general exclusions.	1 Jul 75

Transfer from Appendix I to Appendix II

Taxon	Common Name	Appendix	Notation	First Listed
Crocodylus moreletii	Morelet’s crocodile	II	Only the populations of Belize and Mexico, with a zero quota for wild specimens traded for commercial purposes.  All other populations are Appendix I.	1 Jul 1975
Crocodylus niloticus	Nile crocodile	II	Populations of Botswana, Ethiopia, Kenya, Madagascar, Malawi, Mozambique, Namibia, South Africa, the United Republic of Tanzania (subject to export quotas), Uganda, Zambia and Zimbabwe are Appendix II.  The population of Egypt, with a zero quota for wild specimens traded for commercial purposes, is Appendix II. All other populations are Appendix I.	1 Jul 1975

Transfer from Appendix III to Appendix II

Bulnesia sarmientoi Palo santo, ibiocaí, vera or verawood, oil of guaiac II Logs, sawn wood, veneer sheets, plywood, powder and extracts. 12 Feb 2008

Add to Appendix I

Taxon	Common Name	Appendix	Notation	First Listed
Neurergus kaiseri	Kaiser’s spotted newt	I	23 June 2010

Add to Appendix II

Taxon	Common Name	Appendix	Notation	First Listed
Ctenosaura bakeri	Iguana	II	23 Jun 2010
Ctenosaura oedirhina	Iguana	II	23 Jun 2010
Ctenosaura melanosterna	Iguana	II	23 Jun 2010
Ctenosaura palearis	Iguana	II	23 Jun 2010
Agalychnis spp.	Tree frogs	II	23 Jun 2010
Dynastes satanas	Satanas beetle	II	23 Jun 2010
Operculicarya hyphaenoides	II	23 Jun 2010
Operculicarya pachypus	II	23 Jun 2010
Zygosicyos pubescens	II	23 Jun 2010
Zygosicyos tripartitus	II	23 Jun 2010
Aniba rosaeodora	Rosewood	II	Logs, sawn wood, veneer sheets, plywood and essential oil, excluding finished products packaged and ready for retail.	23 Jun 2010
Adenia olaboensis	II	23 Jun 2010
Cyphostemma elephantopus	II	23 Jun 2010
Cyphostemma montagnacii	II	23 Jun 2010

Add to Appendix III – Fauna and Flora

Taxon	Common Name	Appendix	Notation	First Listed
Corallium elatius	Boke	III	Only populations of China are subject to the provisions of the Convention.	1 Jul 2008
Corallium japonicum (syn. Paracorallium japonicum)	Red coral	III	Only populations of China are subject to the provisions of the Convention.	1 Jul 2008
Corallium konjoi (syn. Corallium konojoi)	Red coral	III	Only populations of China are subject to the provisions of the Convention.	1 Jul 2008
Corallium secundum	Pink coral	III	Only populations of China are subject to the provisions of the Convention.	1 Jul 2008

Replace existing notation with the following

Taxon	Common Name	Appendix	Notation		First Listed
Crocodylus moreletii	Morelet’s crocodile	I	Except populations listed in Appendix II.		1 Jul 1975
Crocodylus niloticus	Nile crocodile	I	Populations of Botswana, Ethiopia, Kenya, Madagascar, Malawi, Mozambique, Namibia, South Africa, the United Republic of Tanzania (subject to export quotas), Uganda, Zambia and Zimbabwe are Appendix II.  The population of Egypt, with a zero quota for wild specimens traded for commercial purposes, is Appendix II. All other populations are Appendix I.		1 Jul 1975
Pristidae	Sawfish	I	Except the species included in Appendix II.		13 Sep 2007
Canis lupus	Grey wolf	II	All subspecies and populations except those in App. I.  Excludes the domesticated form and the dingo which are referenced as Canis lupus familiaris and Canis lupus dingo."		4 Feb 1977
Canis lupus	Grey wolf	I	Populations from India, Pakistan, Bhutan, and Nepal.  Excludes the domesticated form and the dingo which are referenced as Canis lupus familiaris and Canis lupus dingo."		4 Feb 1977
Cactaceae spp.	Cacti	II	Designates all parts and derivatives, except:		1 Jul 1975
		a) seeds, spores and pollen (including pollinia). The exemption does not apply to seeds from Cactaceae spp. exported from Mexico; b) seedlings or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; c) cut flowers of artificially propagated plants; d) fruits and parts and derivatives thereof of naturalized or artificially propagated plants of the family Cactaceae; e) stems, flowers, and parts and derivatives thereof of naturalized or artificially propagated plants of the genera Opuntia subgenus Opuntia and Selenicereus (Cactaceae); and f) finished products of Euphorbia antisyphilitica packaged and ready for retail trade. Artificially propagated specimens of the following hybrids and/or cultivars are not subject to the provisions of the Convention: – Hatiora x graeseri – Schlumbergera x buckleyi – Schlumbergera russelliana x Schlumbergera truncata – Schlumbergera orssichiana x Schlumbergera truncata – Schlumbergera opuntioides x Schlumbergera truncata – Schlumbergera truncata (cultivars) – Cactaceae spp. colour mutants grafted on the following grafting stocks:    Harrisia 'Jusbertii', Hylocereus trigonus or Hylocereus undatus – Opuntia microdasys (cultivars).
Aerangis ellisii	Orchid	I	Seedling or tissue cultures obtained in vitro, in solid or liquid media, and transported in sterile containers are not subject to the provisions of the Convention only if the specimens meet the definition of ‘artificially propagated’ agreed by the Conference of the Parties.	1 Jul 1975
Dendrobium cruentum	I	1 Jul 1975
Laelia jongheana	I	1 Jul 1975
Laelia lobata	I	1 Jul 1975
Paphiopedilum spp.	Asian Tropical Lady's Slippers	I		1 Jul 1975
Peristeria elata	Holy Ghost, Dove Orchid	I		1 Jul 1975
Phragmipedium spp.	New World Tropical Lady's Slippers	I		1 Jul 1975
Renanthera imschootiana	I	1 Jul 1975
Acipenseriformes spp.	sturgeons, paddlefish	II	The entire order is listed. Please see below for species in Appendix I and/or with an earlier date of first listing. Exemption: Up to 125 grams of caviar per person, from Appendix II listed species only, contained in accompanied baggage and for personal use, does not require any CITES documentation.		1 Apr 1998

Replace the general exclusions referred to in the Plantae listing with the following:

Taxon	Common Name	Appendix	Notation	First Listed
Plantae	General interpretations: Unless otherwise noted, Appendix II  listings include all parts and derivatives, except: a) seeds (including seedpods of Orchidaceae), spores and pollen (including pollinia). The exemption does not apply to seeds from Cactaceae spp. exported from Mexico, and to seeds from Beccariophoenix madagascariensis and Neodypsis decaryi exported from Madagascar; b) seedlings or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; c) cut flowers of artificially propagated plants; d) fruits and parts and derivatives thereof of naturalized or artificially propagated plants of the genus Vanilla (Orchidaceae) and of the family Cactaceae; e) stems, flowers, and parts and derivatives thereof of naturalized or artificially propagated plants of the genera Opuntia subgenus Opuntia and Selenicereus (Cactaceae); and f) finished products of Euphorbia antisyphilitica packaged and ready for retail trade. Unless otherwise noted, Appendix III listings include all parts and derivatives, except: a) seeds, spores and pollen (including pollinia); b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; c) cut flowers of artificially propagated plants; and d) fruits and parts and derivatives thereof of artificially propagated plants of the genus Vanilla. Regarding hybrids: a) hybrids shall be subject to the provisions of the Convention even though not specifically included in the Appendices if one or both of their parents are of taxa included in the Appendices unless the hybrids are specifically excluded from CITES controls by a specific annotation in Appendix II or III. Regarding artificially propagated hybrids: a) where at least one of the plants in their recent lineage is of a species included in Appendix-I or Appendix-II, hybrids shall be treated as specimens of species included in Appendix-II unless the Appendix I species has an annotation noting that hybrids be treated as Appendix I; or b) where at least one of the plants in their recent lineage is of a species included in Appendix-III, and there are no specimens of an Appendix-I or Appendix-II species in such lineage, hybrids shall be treated as specimens of species included in Appendix-III.