List of CITES Species Amendment 2018 (No. 1) (Cth)

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

List of CITES Species Amendment 2018 (No. 1)

I, Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, delegate of the Minister for the Environment and Energy pursuant to subsection 303CA (9) of the Environment Protection and Biodiversity Conservation Act 1999, amend the List of CITES Species established under subsection 303CA (1) of that Act, as set out in Schedule 1 of this Instrument.

This Instrument commences on the day after it is registered on the Federal Register of Legislation.

Dated this            3^rd                day of          December          2018

PAUL MURPHY

Assistant Secretary
Wildlife Trade and Biosecurity Branch
Delegate of the Minister for the Environment and Energy

Notes:

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

Schedule 1 – Amendments to the List of CITES species for the Purposes of the Act

Insert the following under the appropriate class and order:

Taxon	Common Name	Appendix	Notation	First Listed
Loxodonta africana	African Elephant	I	Except populations of Botswana, Namibia, South Africa and Zimbabwe, which are included in Appendix II.	26 Feb 76

Change the following existing entries:

Taxon	Common Name	Appendix	Notation	First Listed
Change:	Cetacea spp.	All whales, porpoises and dolphins	I	All species in the Order Cetacea except those in App. I or with earlier listed date in App. II. A zero quota has been established for live specimens from the Black Sea population of Tursiops truncatus removed from the wild and traded for primarily commercial purposes.	28 Jun 79
To:	Cetacea spp.	All whales, porpoises and dolphins	II	Included in Appendix II, except for the species included in Appendix I. A zero annual export quota has been established for live specimens from the Black Sea population of Tursiops truncatus removed from the wild and traded for primarily commercial purposes.	28 Jun 79
Change:	Loxodonta africana	African Elephant	I	Under the Listing of CITES Species – Declaration of Stricter Domestic Measure dated 10 December 2002 (F2007B00192), all populations of this species are considered to be included in Appendix I.	4 Feb 77
To:	Loxodonta africana	African Elephant	II	The populations of Botswana, Namibia, South Africa and Zimbabwe are listed in Appendix II for the exclusive purpose of allowing: a) trade in hunting trophies for non-commercial purposes; b) trade in live animals to appropriate and acceptable destinations, as defined in Resolution Conf. 11.20, for Botswana and Zimbabwe and for in situ conservation programmes for Namibia and South Africa; c) trade in hides; d) trade in hair; e) trade in leather goods for commercial or non-commercial purposes for Botswana, Namibia and South Africa and for non-commercial purposes for Zimbabwe; f) trade in individually marked and certified ekipas incorporated in finished jewellery for non-commercial purposes for Namibia and ivory carvings for non-commercial purposes for Zimbabwe; g) trade in registered raw ivory (for Botswana, Namibia, South Africa and Zimbabwe, whole tusks and pieces) subject to the following: i) only registered government-owned stocks, originating in the State (excluding seized ivory and ivory of unknown origin); ii) only to trading partners that have been verified by the Secretariat, in consultation with the Standing Committee, to have sufficient national legislation and domestic trade controls to ensure that the imported ivory will not be re-exported and will be managed in accordance with all requirements of Resolution Conf. 10.10 concerning domestic manufacturing and trade; iii) not before the Secretariat has verified the prospective importing countries and the registered government-owned stocks; iv) raw ivory pursuant to the conditional sale of registered government-owned ivory stocks agreed at CoP12, which are 20,000 kg (Botswana), 10,000 kg (Namibia) and 30,000 kg (South Africa); v) in addition to the quantities agreed at CoP12, government-owned ivory from Botswana, Namibia, South Africa and Zimbabwe registered by 31 January 2007 and verified by the Secretariat may be traded and despatched, with the ivory in paragraph g) iv) above, in a single sale per destination under strict supervision of the Secretariat; vi) the proceeds of the trade are used exclusively for elephant conservation and community conservation and development programmes within or adjacent to the elephant range; and vii) the additional quantities specified in paragraph g) v) above shall be traded only after the Standing Committee has agreed that the above conditions have been met; and h) no further proposals to allow trade in elephant ivory from populations already in Appendix II shall be submitted to the Conference of the Parties for the period from CoP14 and ending nine years from the date of the single sale of ivory that is to take place in accordance with provisions in paragraphs g) i), g) ii), g) iii), g) vi) and g) vii). In addition such further proposals shall be dealt with in accordance with Decisions 16.55  and 14.78 (Rev. CoP16). On a proposal from the Secretariat, the Standing Committee can decide to cause this trade to cease partially or completely in the event of non-compliance by exporting or importing countries, or in the case of proven detrimental impacts of the trade on other elephant populations. All other specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.	26 Feb 76
Change:	Anguilla anguilla	II
To:	Anguilla anguilla	European eel	II	13 Mar 2009

Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).