{"id":"F2017L00349","name":"List of CITES Species - Declaration of a stricter domestic measure in accordance with section 303CB - Cetacea (all whales, porpoises and dolphins)","slug":"list-of-cites-species-declaration-of-a-stricter-domestic-measure-in-accordance-with-section-303cb-ce","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96063,"registerId":"commonwealth-F2017L00349-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"List of CITES Species - Declaration of a stricter domestic measure in accordance with section 303CB - Cetacea (all whales, porpoises and dolphins)","content":"COMMONWEALTH OF AUSTRALIA\n\nEnvironment Protection and Biodiversity Conservation Act 1999\n\nList of CITES Species\n\nDeclaration of a stricter domestic measure in accordance with section 303CB\n\nI, Josh Frydenberg, Minister for the Environment and Energy, pursuant to subsection 303CB(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), hereby declare that the list of CITES[\\[1\\]](#_ftn1) species established under subsection 303CA(1) of the EPBC Act, has effect as if all species of the order Cetacea (all whales, porpoises and dolphins) included in Appendix II to CITES are included in Appendix I to CITES.\n\nThe instrument will commence on 1 April 2017.\n\nDated this 20 day of March 2017\n\nJosh Frydenberg\n\nJOSH FRYDENBERG\n\nMinister for the Environment and Energy\n\n---\n\n[\\[1\\]](#_ftnref1) The Convention on International Trade in Endangered Species of Wild Fauna and Flora made at Washington on 3 March 1973, as amended and in force for Australia from time\\-to\\-time.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument operates exactly within its intended scope under section 303CB of the EPBC Act, which specifically authorises ministers to declare stricter domestic measures for CITES species. The declaration applies precisely to the taxonomic group specified (Order Cetacea) and implements the exact type of measure contemplated by the legislation (reclassifying Appendix II species to Appendix I status for domestic purposes)."},"complexity_factors":["Single operative provision with straightforward legal effect","Only one defined term (CITES, explained in footnote)","No cross-references to other sections beyond the empowering provision (s 303CB)","No conditional logic, exceptions, or procedural requirements","Extremely short instrument (under 200 words of substantive text)"],"plain_english_summary":"This is a ministerial declaration that upgrades Australia's legal protection for all whales, dolphins, and porpoises (collectively called 'cetaceans').\n\n**What it does:**\nUnder international law (CITES), species are listed in two main categories:\n- **Appendix I**: The highest protection level — commercial international trade is banned\n- **Appendix II**: Lower protection — trade is allowed but regulated with permits\n\nNormally, CITES Appendix II cetaceans can be traded internationally under permit conditions. This declaration **removes that option entirely** by treating all Appendix II cetaceans as if they were in Appendix I.\n\n**Who it affects:**\n- Anyone involved in importing or exporting whale, dolphin, or porpoise products (including live animals, parts, or derivatives)\n- Scientific researchers, zoos, and aquariums seeking to move cetaceans across borders\n- Indigenous groups with traditional hunting practices (though domestic take may still be regulated separately)\n\n**Why it matters:**\nAustralia is voluntarily applying stricter rules than required by international treaty. This closes a loophole where some cetacean species could legally enter international trade. It signals Australia's commitment to cetacean conservation and eliminates any commercial trade pathway for these animals, regardless of their CITES listing status globally."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This declaration changes the domestic scope of the List of CITES Species under the EPBC Act by treating all Cetacea species that appear in CITES Appendix II as if they were in Appendix I. Mechanically, the domestic legal classification for those cetacean taxa is elevated to the Appendix I treatment for the purposes of the EPBC Act list (declaration text citing subsections 303CB(1) and 303CA(1); commencement 1 April 2017)."},"complexity_factors":["Instrument cross-references other statutory provisions (subsections 303CB(1) and 303CA(1)), requiring readers to consult the EPBC Act to see full legal effects.","Instrument relies on an external international instrument (CITES Appendices I and II) and creates a domestic legal fiction (treat Appendix II taxa as if Appendix I), adding a layer of legal translation.","The text effects a classification change but does not specify operational details (permits, prohibitions, enforcement), so understanding practical consequences requires reading additional EPBC Act provisions and administrative rules.","Clear, narrow subject-matter (only Cetacea) and short instrument text reduce complexity despite cross-references."],"plain_english_summary":"What this instrument does (mechanics)\n\n- The Minister for the Environment and Energy has used the power in subsection 303CB(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) to declare a \"stricter domestic measure.\" The declaration says that, for the domestic List of CITES Species established under subsection 303CA(1) of the EPBC Act, all species of the order Cetacea (that is, all whales, porpoises and dolphins) that appear in Appendix II to the international CITES convention are to be treated as if they were listed in Appendix I to CITES. (Declaration text; subsections 303CB(1) and 303CA(1) are cited in the instrument.)\n\n- The declaration takes effect on 1 April 2017 (commencement date in the instrument).\n\nWho this affects and who decides\n\n- The instrument changes the domestic legal classification of certain cetacean species for the purposes of the EPBC Act list of CITES species. The Minister made the declaration using the statutory power in subsection 303CB(1).\n\n- The practical immediate effect is on persons and entities who, under the EPBC Act, deal with the listed cetacean species (for example, activities governed by the List of CITES Species). The instrument itself does not list specific permit, fee or penalty changes; it changes which CITES appendix is treated as applying domestically for those cetacean taxa.\n\nWhy this matters (claimed purpose and mechanical consequences)\n\n- The instrument is captioned and described as a \"Declaration of a stricter domestic measure.\" Mechanically, that description is realised by making the domestic list operate \"as if\" Appendix I applied to cetaceans in Appendix II, thereby subjecting those taxa to whatever legal consequences attach domestically to an Appendix I listing under the EPBC Act framework (see declaration language).\n\nCosts, incentives, compliance and administrative discretion (mechanism-focused)\n\n- By changing the domestic classification, the instrument changes the set of legal rules and administrative tests that apply to those cetacean taxa under the EPBC Act list of CITES species. Any obligations, prohibitions, permits or approvals that the EPBC Act ties to an Appendix I listing will now apply to cetacean taxa that previously appeared only in Appendix II internationally, to the extent those domestic rules are triggered by the list. (This is the operational effect of treating Appendix II taxa as if in Appendix I in the domestic list.)\n\n- Who is likely to bear the direct effects: persons and businesses whose activities involve the affected cetacean species under the EPBC Act will face the changed legal status and any compliance obligations that follow from Appendix I treatment. The instrument itself does not set out new fees or enforcement mechanisms; it changes the legal classification that determines which domestic controls apply.\n\n- Who decides going forward: application of the new domestic classification will be administered under the EPBC Act regime and the List of CITES Species established under subsection 303CA(1), implemented by the responsible decision-makers and agencies under that Act. The declaration was made by the Minister under subsection 303CB(1).\n\nTrade-offs, implementation risk and scope of change\n\n- The instrument performs a legal reclassification rather than specifying operational detail. As a result, implementation depends on how the EPBC Act and associated administrative processes give effect to an Appendix I treatment for those taxa. That creates a dependency on administrative procedures and on the operation of the EPBC Act provisions that govern the List of CITES Species (the declaration itself does not describe those procedures).\n\nKey textual references\n\n- Declaration made under subsection 303CB(1) of the EPBC Act; changes the operation of the list established under subsection 303CA(1). The declaration text and the commencement date (1 April 2017) are set out in the instrument."}},"importantCases":[],"_links":{"self":"/api/acts/list-of-cites-species-declaration-of-a-stricter-domestic-measure-in-accordance-with-section-303cb-ce","history":"/api/acts/list-of-cites-species-declaration-of-a-stricter-domestic-measure-in-accordance-with-section-303cb-ce/history","analysis":"/api/acts/list-of-cites-species-declaration-of-a-stricter-domestic-measure-in-accordance-with-section-303cb-ce/analysis","conflicts":"/api/acts/list-of-cites-species-declaration-of-a-stricter-domestic-measure-in-accordance-with-section-303cb-ce/conflicts","importantCases":"/api/acts/list-of-cites-species-declaration-of-a-stricter-domestic-measure-in-accordance-with-section-303cb-ce/important-cases","documents":"/api/acts/list-of-cites-species-declaration-of-a-stricter-domestic-measure-in-accordance-with-section-303cb-ce/documents"}}