EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act, 1999

Amendment of the List of Exempt Native Specimens in accordance with Section 303DC

(Issued under the Authority of the Minister for the Environment and Heritage)

Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the establishment of a list of exempt native specimens.  Specimens included on the list are exempt from the export control provisions that apply to regulated native specimens.

The effect of this instrument is to add the following specimens to the list of exempt native specimens and to make those inclusions subject to the notations specified below:

• Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Western Tuna and Billfish Fishery, as defined in the Western Tuna and Billfish Fishery Management Plan 2004, made under the Fisheries Management Act 1991.

Notations –

• The specimen, or the fish or invertebrate from which it is derived, was taken lawfully;

• The specimen is included on the list until 1 December 2009.

Listing of the specimens described above on the list of exempt native specimens will allow continued export of these specimens for the next five years.

In determining to include the above specimens in the list of exempt native specimens regard was had to the Australian Government’s Guidelines for the ecologically sustainable management of fisheries.  Those Guidelines establish the criteria for assessment of the ecological sustainability of the relevant fisheries management arrangements.

The proposed listing of these specimens was publicised and comments sought.  All comments received have been taken into consideration in the assessment of whether the specimens should be listed.

Details (copies of the assessment, the instrument and related correspondence to the Minister responsible for the affected fishery) are available at the following website: http://www.deh.gov.au/coasts/fisheries/index.html