(1) A native species is eligible to be included in the restricted trade category in the protected native species list if unrestricted trade in the species is likely to have a negative impact on populations of the species in the wild.
(2) A native species is eligible to be included in the rare category in the protected native species list if—
(a) it is not a threatened native species; and
Note Threatened native species —see s 61.
(b) it does not have special protection status; and
Note Special protection status —see s 109.
(c) it is rare in the ACT.
(3) A native species is eligible to be included in the data deficient category in the protected native species list if there is insufficient information about the species in the ACT for the species to be eligible to be—
(a) a threatened native species; or
Note Threatened native species —see s 61.
(b) included in any other category in the protected native species list.