COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

Amendment of List of Exempt Native Specimens – Western Australian Pearl Oyster Fishery, September 2024

I, JESSICA HOEY, Director, Ocean and Wildlife Branch, as Delegate of the Minister for the Environment and Water, pursuant to subsection 303DC(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), hereby amend the list of exempt native specimens established under section 303DB of the EPBC Act by deleting from the list specimens and any associated notations specified in Schedule 1, and by including in the list specimens and associated notations as set out in Schedule 2.

This instrument is a legislative instrument for the purposes of the Legislation Act 2003.

The instrument commences the day after it is registered.

Dated this 20th day of September 2024

JESSICA HOEY

……………….……….……..

Delegate of the Minister for the Environment and Water

SCHEDULE 1

Under the heading Freshwater and Marine Animals delete from the list the following items and any associated notations:

Taxon/Item

Common Name

Notation

Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act, taken in the Western Australian Pearl Oyster Fishery.

Western Australian Pearl Oyster Fishery

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

The specimens are included in the list until 30 May 2025.

SCHEDULE 2

Under the heading Freshwater and Marine Animals include in the list the following items and associated notations:

Taxon/Item

Common Name

Notation

Specimens that are or are derived from fish or invertebrates taken in the Western Australian Pearl Oyster Fishery as defined in the management regime in force under the Pearling Act 1990 (WA) and Pearling (General) Regulations (1991) (WA), but not including:

(a) specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or

(b) specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or

(d) specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List).

Western Australian Pearl Oyster Fishery

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

 the Western Australian Department of Primary Industries and Regional Development must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the Western Australian Pearl Oyster Fishery management arrangements that may affect this approval;

 the Western Australian Department of Primary Industries and Regional Development must inform the Department of Climate Change, Energy, the Environment and Water of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval;

 the Western Australian Department of Primary Industries and Regional Development must produce and provide reports on the Western Australian Pearl Oyster Fishery to the Department of Climate Change, Energy, the Environment and Water by 20 December each year; and

 the specimens are included in the list until 20 September 2034.