Declaration of an Approved Wildlife Trade Operation – Commonwealth Coral Sea Fishery, January 2025

Declaration of an Approved Wildlife Trade Operation – Commonwealth Coral Sea Fishery, January 2025

made under section 303FN of the

Environment Protection and Biodiversity Conservation Act 1999

Compilation No. 1

Compilation date: 6 December 2025

Includes amendments: F2025N00978

About this compilation

This compilation

This is a compilation of the Declaration of an Approved Wildlife Trade Operation – Commonwealth Coral Sea Fishery, January 2025 that shows the text of the law as amended and in force on 6 December 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – COMMONWEALTH CORAL SEA FISHERY, JANUARY 2025

I, Matt Flood, A/g Branch Head, Ocean and Wildlife Branch, 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 existing wildlife trade operation established for the Commonwealth Coral Sea Fishery, public comments on the proposal to declare a new wildlife trade operation 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 Coral Sea Fishery as defined in the management regime in force under the Fisheries Management Act 1991 (Cth) and the Fisheries Management Regulations 2019 (Cth), but not including:

(a) specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or

(b) specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or

(c) specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or

(d) specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List), except for specimens that belonging to the family Acroporidae, humphead Maori wrasse (Cheilinus undulatus), black teatfish (Holothuria whitmaei), white teatfish (H. fuscogilva), silvertip shark (Carcharhinus albimarginatus), grey reef shark (Carcharhinus amblyrhynchos), copper shark (Carcharhinus brachyurus), common blacktip shark (Carcharhinus limbatus), blacktip reef shark (Carcharhinus melanopterus), Australian blacktip shark (Carcharhinus tilstoni), whitetip reef shark (Triaenodon obesus), amberfish (Thelenota anax) and prickly redfish (Thelenota ananas),

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:

a) is valid until 7 February 2027 and;

b) is subject to the conditions applied under section 303FT specified in Schedule 1.

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 Coral Sea Fishery as an approved wildlife trade operation, January 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 Coral Sea Fishery:

Condition 1

Operation of the Commonwealth Coral Sea Fishery must be carried out in accordance with the management arrangements in force under the Fisheries Management Act 1991 (Cth) and Fisheries Management Regulations 2019 (Cth).

Condition 2

The Australian Fisheries Management Authority must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the Commonwealth Coral Sea Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

Condition 3

The Australian Fisheries Management Authority must inform the Department of Climate Change, Energy, the Environment and Water of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.

Condition 4

The Australian Fisheries Management Authority must produce and present reports on the Commonwealth Coral Sea Fishery to the Department of Climate Change, Energy, the Environment and Water by 30 November annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

Species‑specific harvest data (including discards) for each species (or genus level where appropriate for Acroporidae corals) listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) must be included in the annual reports.

Condition 5

The Australian Fisheries Management Authority must review and publish updated risk assessments for the aquarium and line sectors of the Coral Sea Fishery. The updated risk assessments must consider current risks to target, bycatch and protected species as well as habitats and ecological communities. The assessments must consider currently available science to ensure the target species and fishery are managed to ensure ecological sustainability.

These risk assessments must be completed by the following dates:

a) aquarium sector – 30 January 2025

b) line sector – 30 January 2026

c) Following the completion of these risk assessments, appropriate management strategies must be implemented by 30 July 2026 for any risks identified as being high or greater and a copy provided to the Department of Climate Change, Energy, the Environment and Water once complete.

Condition 6

The Australian Fisheries Management Authority must review, update as necessary and publish harvest strategies for the following sectors:

a) Sea cucumber sector – by 25 May 2025. This review must consider and demonstrate whether the current biomass limit reference point is appropriate for the target species and provide evidence that the limits are biologically appropriate, precautionary, and enforceable.

b) Aquarium harvest sector – by 31 May 2026.

Condition 7

The Australian Fisheries Management Authority must:

a) as part of the updated aquarium sector harvest strategy required by condition 6b, include:

 the current Level 1 catch trigger for Acroporidae of no more than 15 tonnes of Acropora spp. with the remaining 5 tonnes to be distributed between remaining genera in Acroporidae.

 the annual 10 tonne catch trigger for Acroporidae which requires a review of available information (including catch and effort data) and if either localised or broader sustainability concerns are identified, spatially appropriate management responses are implemented. Within three months of a review occurring, the outcome must be provided to the Department of Climate Change, Energy, the Environment and Water including what information was considered and any management responses required.

b) by 1 July 2025, introduce effective management arrangements that distribute effort of coral harvest across different reefs in the Coral Sea to avoid localised depletion. 

Condition 8

The Australian Fisheries Management Authority must maintain the existing:

a) 12 tonne catch trigger for prickly redfish (Thelenota ananas)

b) 1 tonne catch trigger for amberfish (Thelenota anax)

c) 4 tonne catch trigger for surf redfish (Actinopyga mauritiana) with no more than 2 tonnes to be taken from any one reef per year

d) 1 tonne total allowable commercial catch limit (TACC) for black teatfish (Holothuria whitmaei).

e) 4 tonne total allowable commercial catch limit (TACC) for white teatfish (Holothuria fuscogilva).

These limits must be maintained at these levels and not exceeded in a fishing season until scientific evidence can be provided to substantiate a deviation.

Condition 9

By 1 July 2026, the Australian Fisheries Management Authority must implement the following enforceable minimum size limits:

a) prickly redfish (Thelenota ananas) – 50cm

b) amberfish (Thelenota anax) – 50 cm

c) black teatfish (Holothuria whitmaei) – 33cm

d) white teatfish (Holothuria fuscogilva) – 40cm

These limits must be maintained until scientific evidence can be provided to substantiate a deviation.

Condition 10

By 1 July 2025, the Australian Fisheries Management Authority must establish accurate ratios for converting between all processed and unprocessed forms of prickly redfish (Thelenota ananas), amberfish (Thelenota anax), black teatfish (Holothuria whitmaei) and white teatfish (Holothuria fuscogilva) used in the Coral Sea Fishery. Conversion ratios should be consistent across Commonwealth and Queensland managed fisheries where appropriate. Precautionary proxy conversion ratios can be adopted from other fisheries or jurisdictions until more accurate conversion ratios can be established.

Condition 11

By 25 May 2027, the Australian Fisheries Management Authority must review existing spatial management arrangements to evaluate whether these arrangements are sufficient to manage the risk of localised depletion of sea cucumbers in the Commonwealth Coral Sea Fishery.

Condition 12

The Australian Fisheries Management Authority and the Queensland Department of Primary Industries must continue efforts to support coordination of monitoring and management of straddling or otherwise linked sea cucumber stocks in the Commonwealth Coral Sea Fishery, Torres Strait Bêche‑de‑mer Fishery, and Queensland Sea Cucumber Fishery (East Coast). This may include review and further development of harvest strategy frameworks and fishery reference points; temporal and spatial closures; minimum size limits; rotational zone size, timing and move‑on provisions; research into life history parameters; Management Strategy Evaluation; and conversion ratios across all three fisheries to reduce risk to species in the region.

Condition 13

If, during the term of this Wildlife Trade Operation approval, the Coral Sea experiences conditions that are likely to cause severe heat stress and coral bleaching, indicated by six consecutive Degree Heating Weeks, the Australian Fisheries Management Authority must meet with the Department of Climate Change, Energy the Environment and Water and Parks Australia to discuss appropriate management responses. This meeting should be pre‑emptive to:

a) Consider the extent and severity of impact over the Coral Sea; and

b) Discuss and explore required fisheries management responses to reduce fishing pressure on sensitive target species and enable heat‑sensitive target species to recover, particularly coral, marine aquarium fish and sea cucumbers.

Where it is determined by the Department of Climate Change, Energy, the Environment and Water (in consultation with Parks Australia and the Australian Fisheries Management Authority) that the declared bleaching event is unlikely to have severely impacted the Coral Sea, no restrictions to established fishery limits are required.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history