COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – NORTHERN TERRITORY AQUARIUM FISHERY, DECEMBER 2025

I, ADAM CLARK, acting Branch Head, Ocean and Wildlife, as Delegate of the Minister for the Environment and Water, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the Northern Territory Department of Agriculture and Fisheries, public comments on the proposal as required under section 303FR, and advice on the ecological sustainability of the operation. I am satisfied on those matters specified in section 303FN of the EPBC Act. I hereby declare the operations for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the Northern Territory Aquarium Fishery as defined in the management regime in force under the Fisheries Act 1988 (NT) and Fisheries Regulations 1992 (NT), but not including:

1.     specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or
2.    specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or
3.     specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
4.    specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List), except for specimens that belong to taxa listed in Schedule 1,

to be an approved wildlife trade operation, in accordance with subsection 303FN(2) and paragraph 303FN(10)(d), for the purposes of the EPBC Act.

Unless amended or revoked, this declaration:

1.               is valid until 3 December 2028 and;
2.              is subject to the conditions applied under section 303FT specified in Schedule 1.

Dated this 3rd day of December 2025

ADAM CLARK

Delegate of the Minister for Environment and Water

Notes:

1.         Under the Administrative Review Tribunal Act 2024, a person whose interests are affected by this decision may apply for a statement of reasons and for independent review of the decision. An application for a statement of reasons may be made in writing to the Department of Climate Change, Energy, the Environment and Water within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Review Tribunal on payment of the relevant fee within 28 days of the date of the declaration, or if reasons are sought, within 28 days of receipt of reasons. Further information may be obtained from the Director, Sustainable Fisheries Section, Department of Climate Change, Energy, the Environment and Water, Email: sustainablefisheries@dcceew.gov.au.
2.         Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Australia’s CITES list under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia’s CITES Scientific Authority has issued a non-detriment finding for that species. Further information is available from https://www.dcceew.gov.au/environment/wildlife-trade/cites.

Schedule 1

List of species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora that are eligible to be exported from the Northern Territory Aquarium Fishery.

Schedule 2

Declaration of the harvest operations of the Northern Territory Aquarium Fishery as an approved wildlife trade operation, December 2025

ADDITIONAL PROVISIONS (section 303FT)

Relating to the harvesting of fish specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 and Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), unless those specimens are subject to any exceptions as outlined in this declaration, taken in the Northern Territory Aquarium Fishery:

Condition 1

Export approval for the Northern Territory Aquarium Fishery (the fishery) has been provided on the basis the fishery will be managed in accordance with the Fisheries Act 1988 (NT) and Fisheries Regulations 1992 (NT).

During the term of the export approval, the Northern Territory Department of Agriculture and Fisheries (NT DAF) must:

1.       Consistent with Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries, provide the Department of Climate Change, Energy, the Environment and Water, with an annual report by 20 December each year.

Annual reports should include species-specific harvest data for any species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This includes reporting weight and number of pieces for hard coral (order Scleractinia) species and an overview of hard coral spatial data and how it has been collected and considered in the management of the fishery. Some genus level reporting for hard corals is permitted by CITES which is described at Attachment A.

1.       In the interim, if there are any intended changes to legislative instruments, or material changes to management arrangements, that may affect the basis on which the export accreditation was made for this fishery, the department must be notified.

Condition 2

The Northern Territory Department of Agriculture and Fisheries must:

1.       review and update the fishery’s ecological risk assessment (ERA) by 10 December 2027, ensuring it appropriately considers any changes in primary catch composition, species habitat dependencies, and the cumulative impact multi species collection may have on frequently accessed reefs in the fishery.
2.       during the term of this approval, investigate management actions to address and mitigate risks and impacts for species that are identified as high risk in the ERA, including data collection for species that are assessed as high risk because of data deficiency.
3.       as part of the ERA, review harvest strategy decision rules to ensure they are capable of responding to and effectively managing significant fluctuations in harvest for species without catch limits.

Condition 3

If, during the term of this Wildlife Trade Operation approval, the fishery experiences conditions that are likely to cause severe heat stress and coral bleaching, indicated by 6 consecutive Degree Heating Weeks, the Northern Territory Department of Agriculture and Fisheries must meet with the Department of Climate Change, Energy, the Environment and Water and other relevant stakeholders to discuss appropriate management responses. This meeting should be pre-emptive to:

1.       consider the extent and severity of impact to the fishery
2.       discuss and explore fisheries management responses to reduce pressure on sensitive target species and enable affected target species to recover.

Recommendation 1

To support the development of non-detriment findings for any CITES listed giant clams collected in the fishery, the Northern Territory Department of Agriculture and Fisheries should by 15 October 2027 provide the Department of Climate Change, Energy, the Environment and Water with updated scientific data and information on these species. This information should include, but not be limited to:

1.       population status and distribution
2.       population trends (where available)
3.       harvest levels and all other sources of mortality

A failure to provide this updated information may prevent the department, in its role as Australia’s Scientific Authority, from developing suitable CITES non-detriment findings for giant clams.

Attachment A

Hard coral (order Scleractinia) taxa where identification to a genus level is acceptable but should be identified to a species level where feasible. All other hard corals should be recorded to species.