Amendment of List of CITES Species (05/02/2003)

Administered by Department of the Environment and Energy

Legislation au F2006B11597 Not in force Legislative Instrument

Legislation content

 

 

COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999

 

 

Amendment of List of CITES Species

 

 

I, David Kemp, Minister for the Environment and Heritage, pursuant to paragraphs 303CA(9)(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 that Act, as set out in Schedule 1 to this instrument. 

 

For the purposes of information, a consolidated list of CITES species, as amended by this instrument, is set out in Schedule 2.

 

This amendment will take effect on the date of publication in the Gazette, or on

13 February 2003, whichever is the later.

 

 

Dated this    5th    day of     February     2003

 

 

 

 

DAVID KEMP

 

 

Minister for the Environment and Heritage

 

 

Schedule 1

 

Add to Appendix II

Fauna

Class: Actinopterygii (Ray-finned fishes)

Taxon

Common Name

Appendix

Notation

First Listed

Order: Syngnathiformes

 

 

 

 

Family: Syngnathidae

 

 

 

 

Hippocampus spp

seahorses

II

Enters into effect 18 months after the end of the 12th CITES Conference of the Parties

15 May 04

 

Family: Cetorhinidae

 

 

 

 

Cetorhinus maximus

Basking Shark

II

 

13 Feb 03

Order: Orectolobiformes

 

 

 

 

Family: Rhincodontidae

 

 

 

 

Rhincodon typus

Whale Shark

II

 

13 Feb 03

 

Scaphiophryne gottlebei

Gottlebes Frog

II

 

13 Feb 03

Brookesia spp

chameleons

II

All species in genus except those in App. I

13 Feb 03

Annamemys annamensis

Annam Pond Turtle

II

 

13 Feb 03

Heosemys depressa

turtle

II

 

13 Feb 03

Heosemys grandis

turtle

II

 

13 Feb 03

Heosemys leytensis

turtle

II

 

13 Feb 03

Heosemys spinosa

turtle

II

 

13 Feb 03

Hieremys annandalii

Yellow-headed Temple Turtle

II

 

13 Feb 03

Kachuga spp

Indian  roofed turtle

II

Except species in App. I

13 Feb 03

Leucocephalon yuwonoi

Sulawesi Forest Turtle

II

 

13 Feb 03

Mauremys mutica

Yellow Pond Turtle

II

 

13 Feb 03

Orlitia borneensis

Malayan Giant Turtle

II

 

13 Feb 03

Pyxidea mouhotii

Keeled Box Turtle

II

 

13 Feb 03

Siebenrockiella crassicollis

Black Marsh Turtle

II

 

13 Feb 03

Platysternon megacephalum

Big-headed Turtle

II

 

13 Feb 03

Chitra spp

turtle

II

 

13 Feb 03

Pelochelys spp

giant softshell turtles

II

 

13 Feb 03

Atrophaneura jophon

Swallowtail Butterfly

II

 

13 Feb 03

Atrophaneura pandiyana

Swallowtail Butterfly

II

 

13 Feb 03

Flora

Swietenia macrophylla

Bigleaf Mahogany

II

Neotropical populations only.

Enters into effect 12 months after the end of the 12th CITES Conference of the Parties

15 Nov 03

Beccariophoenix madagascariensis

Manarano Palm

II

 

13 Feb 03

Lemurophoenix halleuxii

Red Lemur Palm

II

 

13 Feb 03

Marojejya darianii

Big Leaf Palm

II

 

13 Feb  03

Ravenea rivularis

Majestic Palm

II

 

13 Feb 03

Ravenea louvelii

Palm

II

 

13 Feb 03

Satranala decussilvae

Forest Bismarckia

II

 

13 Feb 03

Voanioala gerardii

Forest Coconut

II

 

13 Feb 03

Guaiacum spp

Lignum Vitae

II

Designates all parts and

13 Feb 03

 

 

 

 

 

Taxon

Common Name

Appendix

Notation

First Listed

 

 

derivatives, except:

a)        seeds and pollen;

b)       seedling or tissue culture obtained in vitro, or solid or liquid media, transported in sterile containers;

c)        cut flowers of artificially propagated plants; and

d)       chemical derivatives and finished pharmaceutical products

 

Transfer from Appendix I to Appendix II with Notations amended as appropriate

Rhea pennata pennata

(also referenced as Pterocnemia)

Darwin’s Rhea

II

Populations of Chile

1 Jul 75

Vicugna vicugna

Vicuña

II

Argentina: Population

1 Jul 75

 

 

of the Province of Catamarca, for the exclusive purpose of allowing international trade in wool sheared from live animals, cloth derived manufactured products and other handicraft artifacts. 

Vicugna vicugna

Vicuña

II

Bolivia: The whole

1 Jul 75

 

 

Population of Bolivia.    For the exclusive purpose of allowing international trade in products made from wool sheared, from live animals.  The reverse side of cloth and cloth products must bear the logo adopted by countries signatory to the ‘Convenio para la Conservación  y  Manejo  de  la  Vicuña’ and the words ‘ ‘VICUÑA – BOLIVIA’.

 

Vicugna vicugna

Vicuña

II

Chile: populations of

1 Jul 75

 

 

Primera Región. For the exclusive purpose of allowing international trade in wool sheared from live vicunas, and in cloth and items made thereof, including luxury handicrafts and knitted articles.  The reverse side of cloth must bear the logo adopted by the range states of the species which are signatories to the Convenio para la Conservación  y  Manejo  de  la  Vicuña, and the selvages the words ‘VICUÑA-CHILE’.  All other specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.

 

Plants

Dudleya traskiae

Santa Barbara Island Dudleya

II

 

29 Jul 83

Aloe thorncroftii

aloe

II

 

1 Jul 75

 

Add to Appendix I

Fauna

Brookesia perarmata

chameleon

I

 

13 Feb 03

Transfer from Appendix II to Appendix I

Fauna

Amazona ochrocephala auropalliata

Yellow-napped Parrot

I

 

6 Jun 81

Amazona ochrocephala belizensis

Yellow-napped Parrot

I

 

6 Jun 81

Amazona ochrocephala caribaea

Yellow-napped Parrot

I

 

6 Jun 81

Amazona ochrocephala oratrix

Yellow-napped Parrot

I

 

6 Jun 81

Amazona ochrocephala parvipes

Yellow-napped Parrot

I

 

6 Jun 81

Amazona ochrocephala tresmariae

Yellow-napped Parrot

I

 

6 Jun 81

 

 

 

 

 

Taxon

Common Name

Appendix

Notation

First Listed

Ara couloni

 

Blue-headed Macaw

I

 

13 Feb 03

Pyxis planicauda

Flat-tailed spider Tortoise

I

 

1 July 75

 

 

Flora

Araucaria araucana

Monkeypuzzle Tree

I

 

1 Jul 75

Sclerocactus nyensis

Tonapah fishhook Cactus

I

 

1 Jul 75

Aerangis ellisii

orchid

I

 

 

1 Jul 75

Replace the existing Notations to the items below with the following Notations

Fauna

Cetacea spp.

All whales, porpoises, and dolphins   

II

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

Loxodonta africana

African Elephant

II

Includes only the

4 Feb 77

 

 

Population of Botswana for the exclusive purpose of allowing:

a) Trade in hunting trophies for non-commercial purposes;

b) Trade in live animals for in-situ conservation programmes;

c) Trade in hides;

d) Trade in leather goods for non commercial purposes;

e) Trade in registered raw ivory (whole tusks and pieces) subject to the following:

 i. Only registered government-owned stocks, originating in Botswana (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 (Rev. CoP12) concerning domestic manufacturing and trade;

iii. Not before May 2004, and in any event not before the Secretariat has verified the prospective importing countries, and MIKE has reported to the Secretariat on the baseline information (e.g. elephant population numbers, incidence of illegal killing);

iv. A maximum amount of 20,000kg of ivory may be traded, and despatched in a single shipment under strict supervision of the Secretariat;

 v. The proceeds of the trade are used exclusively for elephant conservation and community conservation and development programs within or adjacent to the elephant range; 

vi. Only after the Standing Committee has agreed that the above conditions have been met.

On a proposal from the Secretariat, the Standing Committee can decide to cause this trade to partially or completely cease 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 specimens that are not allowed to be traded under the above provisions shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.”

 

Taxon

Common Name

Appendix

Notation

First Listed

Loxodonta africana

African Elephant

II

Includes only the

4 Feb 77

 

 

Population of Namibia: For the exclusive purpose of allowing:

a) Trade in hunting trophies for non-commercial purposes;

b) Trade in live animals for in-situ conservation programmes;

c) Trade in hides; 

d) Trade in leather goods for non commercial purposes;

e) Trade in registered raw ivory (whole tusks and pieces) subject to the following:

i. Only registered government-owned stocks, originating in Namibia (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 (Rev. CoP12) concerning domestic manufacturing and trade;

 iii. Not before May 2004, and in any event not before the Secretariat has verified the prospective importing countries, and MIKE has reported to the Secretariat on the baseline information (e.g. elephant  population numbers, incidence of illegal killing);

 iv. A maximum amount of 10,000kg of ivory may be traded, and despatched in a single shipment under strict supervision of the Secretariat;

v. The proceeds of the trade are used exclusively for elephant conservation and community conservation and development programs within or adjacent to the elephant range;

 vi. Only after the Standing Committee has agreed that the above conditions have been met. 

On a proposal from the Secretariat, the Standing Committee can decide to cause this trade to partially or completely cease 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 specimens that are not allowed to be traded under the above provisions shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly

 

Loxodonta africana

African Elephant

II

Includes only the

4 Feb 77

 

 

population of South Africa. For the exclusive purpose of allowing:

a) Trade in hunting trophies for non-commercial purposes;

b) Trade in live animals for in-situ conservation programmes;

c) Trade in hides;

d) Trade in leather goods for non commercial purposes;

e) Trade in registered raw ivory (whole tusks and cut pieces of ivory that are both 20 cm or more in length and one kilogramme or more in weight) subject to the following:

i. Only registered government-owned stocks, originating in Kruger National Park  (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 (Rev. CoP12) concerning domestic manufacturing and trade;

iii. Not before May 2004, and in any event not before the Secretariat has verified the prospective importing countries, and MIKE has reported to the Secretariat on the baseline information (e.g. elephant population numbers, incidence of illegal killing);

iv. A maximum amount of 30,000kg of ivory may be traded, and despatched in a single shipment under strict supervision of the Secretariat;

v. The proceeds of the trade are used exclusively for elephant conservation and community conservation and development programs within or adjacent to the elephant range;

vi. Only after the Standing Committee has agreed that the above conditions have been met.

On a proposal from the Secretariat, the Standing Committee can decide to cause this trade to partially or completely cease 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 specimens that are not allowed to be traded under the above provisions shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.”

 

Flora

Taxon

Common Name

Appendix

Notation

First Listed

Orchidaceae spp.

Orchids

II

Artificially propagated

1 Jul 75

 

 

specimens of hybrids within the genus Phalaenopsis, are not subject to the provisions of the Convention when:

a) specimens are traded in shipments consisting of individual containers (i.e. cartons, boxes, or crates) containing 100 or more plants each;

 b) all plants within a container are of the same hybrid, with no mixing of different hybrids within a container;

c) plants within a container can be readily recognized as artificially propagated specimens by exhibiting a high degree of uniformity in size and stage of growth, cleanliness, intact root systems, and general absence of damage or injury that could be attributable to plants originating in the wild;

d) plants do not exhibit characteristics of wild origin, such as damage by insects or other animals, fungi or algae adhering to leaves, or mechanical damage to roots, leaves, or other parts resulting from collection; and

e) shipments are accompanied by documentation, such as an invoice, which clearly states the number of plants and which of the six exempt genera are included in the shipment, and is signed by the shipper.  Plants not clearly qualifying for the exemption must be accompanied by appropriate CITES documents.

Replace:

Vicugna vicugna

Vicuna

I

Except Populations in App. I under conditions specified

1 Jul 75

With:

Vicugna vicugna

Vicuna

I

Except Populations in App. II under conditions specified

1 Jul 75

 

Delete the following species:

Fauna

Cnemidophorus hyperythrus

Orangethroated Whiptail Lizard, Orange-throated Racerunner

II

 

1 Jul 75

Flora

Lewisia maguirei

Maguire's Lewisia

II

 

29 Jul 83

 

 

Add to Appendix III

Flora

Dipteryx panamensis

Almendro

III

Costa Rica

13 Feb 03

 

Delete from Appendix III

Fauna

Agkistrodon bilineatus

Cantil

III

Honduras

13 Apr 87

Atropoides nummifer

(formerly included as Bothrops nummifer)

Jumping Pit Viper

III

Honduras

13 Apr 87

Bothriechis schlegelii

(formerly included as Bothrops schlegelii )

Eyelash Palm Pit Viper, Lance Head

III

Honduras

13 Apr 87

Bothrops asper

Terciopelo

III

Honduras

13 Apr 87

Porthidium nasutum

(formerly included as Bothrops nasutus)

Rainforest Hognosed Pit-Viper

III

Honduras

13 Apr 87

Porthidium ophryomegas

(formerly included as Bothrops ophryomegas)

Slender Hognosed Pit-Viper

III

Honduras

13 Apr 87

 

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address the protection of the environment and biodiversity, particularly in relation to internationally recognised conservation efforts. This Act facilitates the implementation of international agreements such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Pursuant to this Act, the Minister for the Environment and Heritage has the authority to amend the list of species protected under CITES, ensuring alignment with international conservation standards and efforts. This legislative instrument amends the list of CITES species by adding and transferring species between different appendices, reflecting changes agreed upon in international CITES conferences. These amendments aim to provide adequate protection to endangered species while allowing for sustainable use and trade where appropriate, under strict regulatory conditions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to any action or activity that may have a significant impact on matters of national environmental significance or on the environment protected by the Commonwealth. This includes the regulation of the international trade in species and the protection of threatened species, ecosystems, and cultural or heritage places. The Act applies to individuals, businesses, and government entities that engage in activities that may affect these environmental matters. The EPBC Act has a national jurisdictional reach, applying throughout Australia, including its territories and external territories, and extends to Australian citizens and entities wherever they are located. The Act includes provisions for the listing and regulation of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The amendment of the list of CITES species under the EPBC Act involves adding or removing species from the Appendices to the Convention, which can affect the level of trade controls applied to those species. This legislative instrument amends the list of species by adding several species to Appendix II, transferring some species from Appendix I to Appendix II, and making other changes to the listings in the Appendices. These changes will take effect on the dates specified in the instrument, which may differ from the date of publication, and will impact the trade in these species according to the regulations set out in CITES. The Act also allows for the creation of subordinate legislation to further define the application and administration of the Act, including the management of species listed under CITES.

Key Provisions

The legislative instrument amends the list of species protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), as incorporated into the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, it modifies the appendices for certain animal and plant species, affecting their trade regulations. For instance, the seahorses (Hippocampus spp.) are added to Appendix II, which requires permits for their trade to ensure it is not detrimental to their survival. The Basking Shark (Cetorhinus maximus) and the Whale Shark (Rhincodon typus) are also added to Appendix II. Various turtle species are added to Appendix II, meaning their trade is regulated to prevent exploitation incompatible with their survival. The legislation also modifies the trade provisions for certain vicuña populations in South America, allowing for controlled trade of their wool and derived products. The Act imposes specific obligations on parties involved in the international trade of these species. Traders, exporters, and importers must comply with the CITES regulations, including obtaining the necessary permits and ensuring that trade does not threaten the survival of the species. The Act mandates that trade in species listed in Appendix I, such as the Blue-headed Macaw (Ara couloni) and the Monkey-puzzle Tree (Araucaria araucana), is generally prohibited except under exceptional circumstances. For species in Appendix II, such as the African Elephant (Loxodonta africana) populations in Botswana, Namibia, and South Africa, trade is allowed but strictly regulated to ensure it is sustainable. Traders must also adhere to the specific conditions set for the trade of elephant ivory, including quotas, destination verification, and use of proceeds for conservation. Violations of the CITES provisions under the EPBC Act can lead to both civil and criminal penalties. Civil penalties may include fines up to a significant amount, determined by the severity of the breach and jurisdictional guidelines. Criminal penalties can be even more severe, potentially including imprisonment for individuals found guilty of illegal trade activities. The Act also allows for the confiscation of specimens and trade-related equipment, and courts may issue injunctions to prevent further breaches. Enforcement actions are taken to ensure compliance and to protect the species from over-exploitation and illegal trade.

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