Commonwealth Coat of Arms of Australia

 

List of Exempt Native Specimens Amendment (Western Australian Abalone Managed Fishery) Instrument December 2024

I, Matt Flood, A/g Branch Head, Ocean and Wildlife Branch, as Delegate of the Minister for the Environment and Water, make the following instrument.

24 December 2024    

MATT FLOOD

 

Delegate of the Minister for the Environment and Water


Contents

1  Name

2  Commencement

3  Authority

4  Definitions

4  Schedules

Schedule 1—Amendments

List of Exempt Native Specimens Instrument 2001

 


1  Name

  This instrument is the List of Exempt Native Specimens Amendment (Western Australian Abalone Managed Fishery) Instrument December 2024.

2  Commencement

  This instrument commences on 28 February 2025.

3  Authority

  This instrument is made under subsection 303DC(1)(a) of the EPBC Act.

4  Definitions

  In this instrument:

  EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

List of Exempt Native Specimens Instrument 2001

  1.         Under the heading Freshwater and Marine Animals

Omit the following rows in the table:

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 Abalone Managed Fishery.

Western Australian Abalone Managed Fishery

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

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

2  Under the heading Freshwater and Marine Animals

Insert the following rows in the appropriate place in the table:

Taxon/Item

Common Name

Notation

Specimens that are or are derived from fish or invertebrates taken in the Western Australian Abalone Managed Fishery as defined in the management regime in force under the Fish Resources Management Act 1994, Fish Resources Management Regulations 1995, and the Abalone Managed Fishery Management Plan 1992, but not including:

  1.     specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or
  2.    specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or
  3.     specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
  4.     specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List).

Western Australian Abalone Managed 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 Abalone Managed Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made;

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 Western Australian 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 Abalone Managed Fishery to the Department of Climate Change, Energy, the Environment and Water by December annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

The specimens are included in the list until 28 February 2035.