{"id":"F2020L01054","name":"Amendment of List of Exempt Native Specimens – Queensland Commercial Trawl (Fin Fish) Fishery, August 2020","slug":"amendment-of-list-of-exempt-native-specimens-queensland-commercial-trawl-fin-fish-fishery-august-202","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":113482,"registerId":"commonwealth-F2020L01054-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Environment Protection and Biodiversity ","sectionType":"section","heading":"Environment Protection and Biodiversity Conservation Act 1999","content":"##### Environment Protection and Biodiversity Conservation Act 1999\n\nAmendment of List of Exempt Native Specimens – Queensland Commercial Trawl (Fin Fish) Fishery, August 2020\n\nI, STEPHEN OXLEY, First Assistant Secretary, Heritage, Reef and Wildlife Trade Division, as Delegate of the Minister for the Environment, 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 revoking the conditions to which the inclusion of the following item in the list on 29 May 2020 is subject:\n\nSpecimen that are, or are derived from, fish or invertebrates taken in the Queensland Commercial Trawl (Fin Fish) Fishery as defined in the management regime in force under the Fisheries Act 1994 (Queensland) and Fisheries (General) Regulation 2019, Fisheries (Commercial Fisheries) Regulation 2019, Fisheries Declaration 2019 and Fisheries Quota Declaration 2019 (Queensland), but not including:\n\n specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s list of Migratory Species), or\n specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s list of Marine Species), or\n specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or\n specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List).\n\nand imposing the following conditions to which inclusion of the specimens in the list is subject:\n\n The specimen, or the fish or invertebrate from which it is derived, was taken lawfully and the specimens are included in the list until 31 August 2023.\n This instrument is a legislative instrument for the purposes of the Legislation Act 2003.\n\nThe instrument commences the day after it is registered.\n\nAll state and territory legislation referred to in Schedule 2 to the instrument is incorporated as in force at the time this instrument commences.","sortOrder":0},{"sectionNumber":"Dated this 19th day of August 2020","sectionType":"part","heading":"Dated this 19th day of August 2020","content":"# Dated this 19th day of August 2020\n\nStephen Oxley\n\nDelegate of the Minister for the Environment\n\n \n\nSCHEDULE 1\n\nUnder the heading Freshwater and Marine Animals delete from the list the following items and any associated notations:\n\n```html\n

Taxon/Item

Common Name

Notation

Specimen that are, or are derived from, fish or invertebrates taken in the Queensland Commercial Trawl (Fin Fish) Fishery as defined in the management regime in force under the Fisheries Act 1994 (Queensland) and Fisheries (General) Regulation 2019, Fisheries (Commercial Fisheries) Regulation 2019, Fisheries Declaration 2019 and Fisheries Quota Declaration 2019 (Queensland), 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).

Queensland Commercial Trawl (Fin Fish) Fishery

The specimen, or the fish or invertebrate from which it is derived, was taken lawfully and the specimens are included in the list until 31 August 2020.

\n```\n\n \n\nSCHEDULE 2\n\nUnder the heading Freshwater and Marine Animals include in the list the following items and associated notations:\n\n```html\n

Taxon/Item

Common Name

Notation

Specimen that are, or are derived from, fish or invertebrates taken in the Queensland Commercial Trawl (Fin Fish) Fishery as defined in the management regime in force under the Fisheries Act 1994 (Queensland) and Fisheries (General) Regulation 2019, Fisheries (Commercial Fisheries) Regulation 2019, Fisheries Declaration 2019 and Fisheries Quota Declaration 2019 (Queensland), but not including:

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

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

vii. specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or

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

Queensland Commercial Trawl (Fin Fish) Fishery

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

The specimens are covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery.

\n```","sortOrder":1}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument maintains the original scope of the EPBC Act's wildlife trade exemption framework. It is a routine administrative update to extend and modify conditions for a specific fishery exemption, consistent with the Act's purpose of allowing sustainable commercial fishing under regulated conditions."},"complexity_factors":["Multiple cross-references to Queensland state legislation (Fisheries Act 1994 and four separate regulations/declarations)","Four separate exclusion categories referencing different sections of the EPBC Act (sections 209, 248, 303BC, and 303CA)","Nested conditional logic: exemption applies to specimens from the fishery, BUT NOT if they belong to four different protected categories","Requires understanding of the relationship between state fisheries management and federal wildlife trade controls","Technical legislative instrument format with schedules showing before/after table entries","Incorporation of state legislation 'as in force at the time this instrument commences' creates dynamic referencing"],"plain_english_summary":"This instrument updates the federal exemption for the Queensland Commercial Trawl (Fin Fish) Fishery, replacing an expired entry and extending conditional exemption to 31 August 2023 while adding a new requirement that catch covered by the exemption also be included in an approved wildlife trade operation declaration under the EPBC Act.\n\nIt affects commercial trawl fishers, buyers/exporters and others in the wildlife trade by allowing trade without individual federal permits so long as fishers comply with state rules and the exemption’s conditions."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument changes scope compared with the prior inclusion (29 May 2020) by revoking earlier conditions and imposing new ones. It extends the exemption period (new expiry 31 August 2023) while narrowing legal availability by adding the requirement that specimens be covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. It preserves exclusions for taxa listed under sections 209, 248, 303BC and 303CA and incorporates relevant state fisheries legislation as in force at commencement."},"complexity_factors":["Cross‑references with multiple EPBC Act provisions (subsection 303DC(1)(a); sections 209, 248, 303BC, 303CA, 303FN) increasing interpretive links.","Interaction with state fisheries instruments (Fisheries Act 1994 and several Queensland regulations/declarations) requires applying external regimes 'as in force' at commencement.","Temporal limitation and amendment history: revocation of a previous 29 May 2020 inclusion and replacement with conditions that expire 31 Aug 2023.","New substantive condition requiring specimens to be covered by a declaration of an approved wildlife trade operation under s303FN (adds administrative eligibility test).","Statutory status and commencement mechanics: instrument is a legislative instrument under the Legislation Act 2003 and commences the day after registration.","Excluded categories (migratory, marine, eligible threatened, CITES taxa) mean application requires classification checks against other lists."],"plain_english_summary":"This instrument amends the EPBC Act list of exempt native specimens for the Queensland Commercial Trawl (Fin Fish) Fishery. It revokes the earlier conditions and re‑lists specimens derived from that fishery only if they were taken lawfully, are not migratory/marine/threatened/CITES taxa, and (newly) are covered by a declaration of an approved wildlife trade operation; the exemption runs until 31 August 2023. It affects fishers, seafood businesses and regulators by changing when EPBC controls apply and what proof is needed to rely on the exemption."}},"importantCases":[],"_links":{"self":"/api/acts/amendment-of-list-of-exempt-native-specimens-queensland-commercial-trawl-fin-fish-fishery-august-202","history":"/api/acts/amendment-of-list-of-exempt-native-specimens-queensland-commercial-trawl-fin-fish-fishery-august-202/history","analysis":"/api/acts/amendment-of-list-of-exempt-native-specimens-queensland-commercial-trawl-fin-fish-fishery-august-202/analysis","conflicts":"/api/acts/amendment-of-list-of-exempt-native-specimens-queensland-commercial-trawl-fin-fish-fishery-august-202/conflicts","importantCases":"/api/acts/amendment-of-list-of-exempt-native-specimens-queensland-commercial-trawl-fin-fish-fishery-august-202/important-cases","documents":"/api/acts/amendment-of-list-of-exempt-native-specimens-queensland-commercial-trawl-fin-fish-fishery-august-202/documents"}}