{"id":"F2020L00027","name":"Amendment of List of Exempt Native Specimens – Western Australian West Coast Purse Seine Managed Fishery and Development Zones – January 2020","slug":"amendment-of-list-of-exempt-native-specimens-western-australian-west-coast-purse-seine-managed-fishe","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100565,"registerId":"commonwealth-F2020L00027-current","compilationNumber":null,"startDate":"2026-04-02","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 – Western Australian West Coast Purse Seine Managed Fishery and Development Zones – January 2020\n\nI, DANE ROBERTS, Acting Assistant Secretary, Environment Approvals and Wildlife Trade Branch, 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 deleting from the list specimens and any notations specified in Schedule 1, and by including in the list specimens and associated restrictions or conditions as set out in Schedule 2.\n\nThis 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 10th day of January 2020","sectionType":"part","heading":"Dated this 10th day of January 2020","content":"# Dated this 10th day of January 2020\n\nDane Roberts\n\n….……………………………………………….\n\nDelegate of the Minister for the Environment\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| Taxon/Item                                                                                                                                                                                                         | Common Name                                               | Notation                                                                                                                                                                                                                         |\n| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | --------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Western Australian West Coast Purse Seine Managed Fishery. | Western Australian West Coast Purse Seine Managed Fishery | The specimen, or the fish or invertebrate from which it is derived, was taken lawfully;The specimens are covered by the declaration of an approved Wildlife Trade Operation under s.303FN of the Act in relation to the fishery. |\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| Taxon/Item                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 | Common Name                                                                     | Notation                                                                                                                                                                                                                                        |\n| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | ------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Specimens that are or are derived from fish or invertebrates taken in the Western Australian West Coast Purse Seine Managed Fishery and Development Zones, as defined in the management regime in force under the Fish Resources Management Act 1994, 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(c) specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or(d) specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List). | Western Australian West Coast Purse Seine Managed Fishery and Development Zones | the specimen, or the fish or invertebrate from which it is derived, was taken lawfully; andthe specimens are covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fishery. |","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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The exemption’s scope was narrowed and made more conditional. The prior listing (a broader exemption for specimens from the fishery) was deleted and replaced with a version that limits coverage to specimens from the fishery and Development Zones but excludes taxa on several statutory lists and requires lawful taking plus coverage by an approved wildlife trade operation declaration, thereby reducing the range of specimens automatically exempted."},"complexity_factors":["Multiple cross‑references to EPBC Act lists and provisions (sections 209, 248, 303BC, 303CA, 303DB, 303DC, 303FN) increase interpretive complexity.","Substantive exclusions (migratory, marine, threatened, CITES) require cross‑checking species status against other statutory lists.","Conditioning the exemption on specimens being \"lawfully taken\" and \"covered by a declaration of an approved wildlife trade operation\" creates evidentiary and administrative compliance obligations for industry.","Incorporation of state Fish Resources Management Act 1994 management regime as in force at commencement means variable interaction with state law and potential future drift as state law changes.","Instrument form, delegated decision‑maker and commencement timing (day after registration) raise governance and implementation timing considerations for regulators and stakeholders."],"plain_english_summary":"This instrument amends the EPBC Act list of “exempt native specimens” by replacing a prior, broader exemption for specimens taken in the Western Australian West Coast Purse Seine Managed Fishery with a tighter exemption that covers specimens from that fishery and its Development Zones only if they were lawfully taken and covered by a declared approved wildlife trade operation. It expressly excludes taxa on Australia’s Migratory, Marine, Threatened and CITES lists. The change affects fishers, exporters and regulators by changing which marine specimens can be traded without further federal controls and what documentation they must hold."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original exemption covered only the 'Western Australian West Coast Purse Seine Managed Fishery'. This amendment expands the scope to include 'Development Zones' as well, significantly broadening the geographic and operational area covered by the exemption. While the expansion is accompanied by new exclusions for protected species, the fundamental scope has grown from a defined fishery to include additional development areas."},"complexity_factors":["Multiple cross-references to different sections of the EPBC Act (sections 209, 248, 303BC, 303CA, 303DB, 303DC, 303FN)","Nested exclusions in Schedule 2 with four separate categories of prohibited species (migratory, marine, threatened, and CITES-listed)","Incorporation by reference to external state legislation (Fish Resources Management Act 1994) and its 'management regime'","Technical fisheries terminology ('purse seine', 'taxon', 'specimens') requiring domain knowledge","Conditional logic requiring lawful taking AND coverage by approved wildlife trade operation declaration"],"plain_english_summary":"This technical update amends national environmental rules for the Western Australian West Coast Purse Seine fishery, changing which catches can be taken and sold without individual EPBC Act permits. It expands the geographic exemption to include new Development Zones while explicitly excluding migratory, threatened, CITES-listed and other specially protected species.\n\nIt affects purse-seine commercial fishers, processors, exporters and buyers by allowing streamlined operations where fisheries rules apply, but tightening protections for vulnerable and internationally protected species."}},"importantCases":[],"_links":{"self":"/api/acts/amendment-of-list-of-exempt-native-specimens-western-australian-west-coast-purse-seine-managed-fishe","history":"/api/acts/amendment-of-list-of-exempt-native-specimens-western-australian-west-coast-purse-seine-managed-fishe/history","analysis":"/api/acts/amendment-of-list-of-exempt-native-specimens-western-australian-west-coast-purse-seine-managed-fishe/analysis","conflicts":"/api/acts/amendment-of-list-of-exempt-native-specimens-western-australian-west-coast-purse-seine-managed-fishe/conflicts","importantCases":"/api/acts/amendment-of-list-of-exempt-native-specimens-western-australian-west-coast-purse-seine-managed-fishe/important-cases","documents":"/api/acts/amendment-of-list-of-exempt-native-specimens-western-australian-west-coast-purse-seine-managed-fishe/documents"}}