Declaration of an Approved Wildlife Trade Operation (Small-Scale) for Elasmo-Morph, March 2026

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for the protection of the environment, particularly biodiversity, and to provide for the international obligations of Australia under the Convention on Biological Diversity and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Act is administered by the Commonwealth Parliament and aims to achieve a balance between the protection of the environment and sustainable development. This particular declaration, issued under the authority of the Act, identifies a small-scale operation for the export of preserved, articulated, and restored taxidermy specimens of sharks, rays, and other fishes by Elasmo-Morph as an approved wildlife trade operation, subject to specific conditions and exclusions. These conditions ensure compliance with both federal and international regulations and require ongoing reporting to the relevant authorities.

Scope and Application

The declaration issued under the Environment Protection and Biodiversity Conservation Act 1999 recognises Elasmo-Morph as an approved small-scale wildlife trade operation for the export of preserved, articulated, and restored taxidermy specimens of sharks, rays, and other fishes. This approval applies to specimens of species lawfully taken in and native to Australia, provided a positive non-detriment finding is in place for species listed under Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The operation is subject to conditions outlined in the approval, including adherence to the specified application for approval and the maintenance of all relevant state, territory, and Commonwealth approvals or permits. Notably, the declaration excludes specimens of certain species under sections 178, 209, and 248 of the Act, those listed on CITES Appendix I, specimens taken recreationally, and those obtained from shark bather protection programs. Furthermore, an annual report on exported specimens and their sources must be submitted to the Department of Climate Change, Energy, the Environment and Water by 31 August each year. The approval remains in effect until 17 March 2031, subject to its terms and any applicable exemptions or reviews.

Key Provisions

The main operative sections of this legislation (subsection 303FN(2)) declare that Elasmo-Morph is an approved small-scale wildlife trade operation for the export of preserved, articulated and restored taxidermy specimens of sharks, rays and other fishes. This approval is subject to certain conditions (subsection 303FT). Specifically, the operation must adhere to the application submitted by Mr Simone De Marchi on 30 June 2025 unless otherwise specified by the conditions of approval. Mr De Marchi is also required to maintain all other relevant State, Territory, and Commonwealth approvals or permits necessary to legally obtain, keep, move, and trade the approved specimens. The declaration covers specimens of all species of sharks, rays, and fishes lawfully taken in and native to Australia, for which a positive non-detriment finding issued by Australia’s Scientific Authority for the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is in place for species listed under Appendix II of CITES. Excluded from this declaration are specimens of species listed under sections 178, 209, and 248 of the Environment Protection and Biodiversity Conservation Act 1999 (other than those listed as Conservation Dependent), specimens of species listed on CITES Appendix I, specimens taken recreationally, and specimens obtained from shark bather protection programs. Specific exemptions under section 303FA of the EPBC Act may apply to excluded species. Furthermore, an annual report detailing the exported specimens and their sources must be submitted to the Department of Climate Change, Energy, the Environment and Water by 31 August each year. The obligations imposed on the parties governed by this Act include adherence to the conditions of approval outlined in the declaration. Mr Simone De Marchi, as the operator of Elasmo-Morph, must ensure that all activities related to the export of taxidermy specimens comply with the approved application and maintain all necessary approvals or permits from relevant authorities. This involves not only the legal export of specimens but also the proper sourcing and documentation of each specimen to ensure it falls within the approved categories. Additionally, the obligation to submit an annual report detailing the exported specimens and their sources to the Department of Climate Change, Energy, the Environment and Water by 31 August each year ensures transparency and accountability in the operation. The legislation also outlines potential offences, penalties, or civil/criminal consequences for breach. While the specific penalties are not detailed in the notifiable instrument, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can generally result in significant penalties. For example, unauthorised activities related to the trade of protected species can lead to substantial fines and, in severe cases, imprisonment. The Act provides for penalties that can include fines of up to $1.1 million for corporations and $220,000 for individuals, along with other civil and criminal sanctions. Compliance with the Act is therefore crucial to avoid these potential consequences.