Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:6:p31
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 6 (pt 31/44)
Character Range: 197168–199895

could be supplied without adversely affecting the conservation status of the taxon concerned.
 (2) For paragraph 303FN(10)(b) of the Act, an operation is taken to be a small‑scale operation if it has a low impact on the survival or conservation status of a taxon to which the operation relates, particularly because, for the taxon:
 (a) a small area is harvested; or
 (b) the number of participants is small; or
 (c) the number of specimens harvested is small.
 (3) For paragraph 303FN(10)(c) of the Act, an operation is taken to be a developmental operation if:
 (a) it is not a market‑testing operation; and
 (b) it:
 (i) is not a small‑scale operation; or
 (ii) is planned to expand beyond a small‑scale operation; and
 (c) it collects data and develops monitoring programs for the development of a wildlife trade management plan; and
 (d) the industry to which the plan relates does not, or is not likely to, adversely affect the conservation status of the taxon to which the operation relates.
 (4) For paragraph 303FN(10)(f) of the Act, an existing stocks operation is specified.
 (5) For subregulation (4), an existing stocks operation is an operation that has the following characteristics:
 (a) the relevant specimens were taken from the wild before the applicant sought approval of the operation as an approved wildlife trade operation;
 (b) the taking of the specimens was lawful at the time it happened;
 (c) the areas from which the specimens were taken are areas from which an approved wildlife trade operation or an approved or accredited wildlife trade management plan permits the taking of specimens of the same kind;
 (d) the operation will not contribute to trade that is detrimental to the conservation of the taxon concerned.

9A.21  Approved commercial import programs
 (1) For section 303FU of the Act, a program is taken to be an approved commercial import program if the Minister is satisfied that:
 (a) the trade in specimens of the kind imported is not detrimental to the survival of the taxon to which the specimen belongs; and
 (b) appropriate levels of management are in place to monitor and manage the trade.
 (2) In making a decision under subregulation (1), the Minister must consider:
 (a) any advice given under subparagraph 2(a) of Article IV of CITES; and
 (b) whether the program ensures that:
 (i) there is reasonable control over the amount of harvesting and trading, for example by setting limits or quotas; and
 (ii) illegal trade is detected and minimised; and
 (iii) population and trade are monitored.
Note for paragraph (a): Subparagraph 2(a) of Article IV of CITES provides for a scientific authority to advise that the export of a specimen of a species will not be detrimental to