EXPLANATORY STATEMENT
Issued by the authority of the delegate of the Minister for the Environment and Water
Environment Protection and Biodiversity Conservation Act 1999
Environment Protection and Biodiversity Conservation List of CITES Species Amendment (2025/117) Instrument 2025
Legislative Authority
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the environment, including wildlife that may be adversely affected by trade, and the implementation of Australia’s international environmental responsibilities.
Subsection 303CA(1) of the Act provides that the Minister must, by legislative instrument, establish a list of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (the Convention) for the purposes of the Act. Under subsection 303CA(3) of the Act, the list must include all species from time to time included in any of Appendices I, II and III to the Convention.
Subsections 303CA(9)(b) and (c) of the Act together provide that the Minister may amend the list, as necessary, so that it includes all species required to be included in the list under subsection 303CA(3) and so that the notations in the list are consistent with the Convention. Under subsection 303CA(9)(a), the Minister may also correct an inaccuracy or update the name of a species.
Under Article XVI, paragraph 1 of the Convention, Parties may at any time, submit to the Secretariat, a list of species which has been identified as being subject to regulation within its jurisdiction for the purposes of Article II, paragraph 3 of the Convention. Each list submitted under Article XVI, paragraph 1 of the Convention shall be communicated to the Parties as soon as possible after receiving it and the list shall take effect as part of the Appendix III 90 days after the date of communication.
Purpose
The purpose of the Environment Protection and Biodiversity Conservation List of CITES Species Amendment (2025/117) Instrument 2025 (Amendment Instrument) is to amend the List of CITES Species for the Purposes of the Act (29/11/2001) (the List) to include the American eel to regulate its international trade from 7 January 2026, consistently with the amendment to Appendix III of the Treaty and make a minor editorial change.
CITES notification to the Parties 2025/117 (dated 9 October 2025) advised that the Dominican Republic requested the Secretariat to include Anguilla rostrata (American eel) in Appendix III to the Convention.
In accordance with the provisions of Article XVI, paragraph I of CITES, amendments to Appendix III are to take effect 90 days after the issuing of a Notification. The amendment for the American eel will come into force internationally on 7 January 2026 for all Parties that do not enter a reservation to it. Australia does not propose to enter a reservation to the amendment and as such will be bound by it. The action is consistent with Australia’s strong commitment to the Convention and international cooperation for the protection and conservation of wildlife more generally.
Pursuant to subsection 303CA(3) of the EPBC Act, Australia is required to amend the list of CITES species established under subsection 303CA(1) of the EPBC Act. This will ensure Australia’s CITES list remains consistent with the CITES Appendices.
The Amendment Instrument also makes an editorial change to update the reference to the Stricter Domestic Measures—Panthera Leo (African Lion)) Declaration 2025, which was remade on 4 February 2025.
Consultation
The Department of Climate Change, Energy, the Environment and Water (DCCEEW) sought views on the merits and implications of the listing of a range of species, including the American eel, in advance of the CITES 20th Conference of the Parties. Views were sought from a range of stakeholders, including small and large businesses, industry bodies, and membership organisations.
Consultation was also undertaken with state and territory governments and other Australian Government agencies, including the Department of Agriculture, Fisheries, and Forestry. In addition to seeking the views of the above stakeholders, DCCEEW conducted broader public consultations via its website, from Monday 18 August 2025 until Monday 15 September 2025. These responses were considered to inform the delegate’s understanding of the regulatory impacts of the American eels listing.
This Amendment Instrument is expected to have only a minor impact for Australia. The species does not occur in Australia and is not exported.
Live import of American eels is not permitted as the species is not listed in the List of Specimens Taken to be Suitable for Live Import (29/11/2001).
This Amendment Instrument has the effect of regulating imports of American eels as non-live product. However, following stakeholder consultation and an analysis of historical freshwater eel import data, the amendment will have a minor regulatory impact.
The Department of Foreign Affairs and Trade has been consulted on the amendment. The Minister for the Environment and Water wrote to the Foreign Minister and the Attorney-General, advising of the proposed amendments to Appendix III and seeking the assistance of the Foreign Minister to refer the matter to the Joint Standing Committee of Treaties (JSCOT).
This Amendment Instrument was made prior to JSCOT reporting on the amendment. All CITES Parties are required to either implement amendments to the Appendices through their domestic legislation, or take out a reservation to the amendments, within 90 days of a species listing being requested by a Party through a Notification. Undertaking the required regulatory action within the specified timeframes is required for Australia to meet its obligations as a Party to the Convention.
Details
Details of the Amendment Instrument are set out in Attachment A.
Other
This Amendment Instrument is exempt from the disallowance regime in section 42 of the Legislation Act 2003 under item 15 of Section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015 (LEOMR).
This Amendment Instrument and the principal List are also exempt from sunsetting under Section 12, item 24 of the (LEOMR). This means that the List and amendments made by this Amendment Instrument will be enduring.
The purpose of the List is to give effect to Australia’s international obligations under the Convention. Therefore, it is not appropriate for this Amendment Instrument to be subject to the disallowance process or sunsetting regime.
The obligations under the Convention are internationally reviewed every three years at the CITES Conference of the Parties and are updated accordingly. Furthermore, the assessment of whether to include species on the List are decisions of a technical and scientific nature. The exemptions from sunsetting and disallowance ensures continuity in Australia’s compliance with obligations under international law.
As the Amendment Instrument is not disallowable, a statement of compatibility with human rights is not required under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 (subsection 15J(2) of the Legislation Act 2003).
The Amendment Instrument is subject to automatic repeal under section 48A of the Legislation Act, as the sole purpose is to amend the List. Therefore, the exemption from sunsetting would have no practical effect since the instrument will have repealed well prior to end of the ordinary 10-year sunset period.
This Amendment Instrument is a legislative instrument for the purposes of the Legislation Act.
Authority: Subsection 303CA(9) of the Environment Protection and Biodiversity Conservation Act 1999
ATTACHMENT A
Details of the Environment Protection and Biodiversity Conservation List of CITES Species Amendment (2025/117) Instrument 2025
Section 1 - Name
This section provides that the name of the Amendment Instrument is the Environment Protection and Biodiversity Conservation List of CITES Species Amendment (2025/117) Instrument 2025.
Section 2 – Commencement
This section provides that the Amendment Instrument commences on 7 January 2026.
Section 3 – Authority
This section provides that the Amendment Instrument is made under subsection 303CA(9) of the Environment Protection and Biodiversity Conservation Act 1999. The purpose is to amend the List of CITES Species for the Purposes of the Act (29/11/2001) (the List).
Section 4 – Schedules
This section is a machinery clause which has the effect that the Principal Instrument (i.e. the List) is amended as set out in the applicable items in Schedule 1, and any other item in Schedule 1 to the Amendment Instrument has effect according to its terms.
Schedule 1 – Amendments
Schedule 1 sets out the amendments to the List.
Item 1
Item 1 amends the List under the heading “Phylum: Chordata (Chordates), Class: Actinopteri, Order: Anguilliformes, Family: Anguillidae”, to include in the appropriate position from 7 January 2026:
- Anguilla rostrata (American eel)
Item 2
Item 2 amends the notes under the heading “Schedule 1 – Amendments” to:
- Remove the duplicate note [1]
- Amend the remaining note [1] to replace “5 March 2015 (F2015L00277)” with “4 February 2025 (F2025L00101)”. This minor technical correction is required due to the replacement of a declaration of a stricter domestic measure under section 303CB of the Act.