Declaration of an Approved Wildlife Trade Operation – Commonwealth Cocos (Keeling) Islands Clam Fishery, September 2025

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – COMMONWEALTH COCOS (KEELING) ISLANDS CLAM FISHERY, SEPTEMBER 2025

I, VERONICA BLAZELY, A/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 Commonwealth Department of Infrastructure, Transport, Regional Development, Communication and the Arts, 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 Commonwealth Cocos (Keeling) Islands Clam Fishery, as defined in the management regime in force under the Cocos (Keeling) Islands Act 1955 (Cth), Fish Resources Management Act 1994 (WA) (CKI), and Fish Resources Management Regulations 1995 (WA) (CKI), 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 small giant clam (Tridacna maxima).

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.

This declaration commences on 10 September 2025. Unless amended or revoked, this declaration:

1.               is valid until 10 September 2028 and;
2.              is subject to the conditions applied under section 303FT specified in Schedule 1.

Dated this 5th day of September 2025

VERONICA BLAZELY

Delegate of the Minister for the 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

Declaration of the harvest operations of the Commonwealth Cocos (Keeling) Islands Clam Fishery as an approved wildlife trade operation, September 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 Commonwealth Cocos (Keeling) Islands Clam Fishery:

Condition 1

Export approval for the Commonwealth Cocos (Keeling) Island Clam Fishery (the fishery) has been provided on the basis the fishery will be managed in accordance with the Cocos (Keeling) Islands Act 1955 (Cth), Fish Resources Management Act 1994 (WA) (CKI), and Fish Resources Management Regulations 1995 (WA) (CKI).

During the term of the export approval, the Commonwealth Department of Infrastructure, Transport, Regional Development, Communication and the Arts 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 (the department), with an annual report by March each year.

Annual reports should include species-specific harvest data (including discards) for any species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

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

By 29 February 2028, the Department of Infrastructure, Transport, Regional Development, Communication and the Arts must complete and publish an updated stock survey for Tridacna maxima stocks at the Cocos (Keeling) Islands. In developing and undertaking the stock survey, consideration should be given to any recommendations made in the previous 2024 survey.