Export Control (Fish and Fish Products) Rules 2021
5‑29 Harvesting shellfish5‑29 Harvesting shellfish
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5‑29 Harvesting shellfish
(1) Without limiting section 5‑16, shellfish for export as food, or from which fish products for export as food are to be derived, must not be harvested from: (a) a prohibited area within the meaning of the Australian Shellfish Export Standards; or (b) any other area in contravention of a requirement for harvesting from that area under the Australian Shellfish Export Standards.
Note: The export from Australian territory of shellfish for food is prohibited unless the operations to harvest the shellfish are carried out in an area specified in the Harvesting Areas (Shellfish for Export) List (see item 1 of the table in section 2‑4 of this instrument). The List is published on the Department’s website (see the definition of Harvesting Areas (Shellfish for Export) List in section 1‑6 of this instrument).
(2) Subsection (1) does not apply if: (a) the final fish product for export as food is the adductor muscle of scallops or Pinctada spp. only; or (b) the shellfish are harvested from an offshore location (other than an offshore location classified as an offshore harvesting area by the Australian Shellfish Export Standards).