Declaration of an Approved Wildlife Trade Operation – Northern Territory Offshore Net and Line Fishery, January 2026

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – NORTHERN TERRITORY OFFSHORE NET AND LINE FISHERY, JANUARY 2026

I, Rebecca Gee, 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 Offshore Net and Line 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 silvertip shark (Carcharhinus albimarginatus), graceful shark (C. amblyrhynchoides), grey reef shark (C. amblyrhynchos), pigeye shark (C. amboinensis), spinner shark (C. brevipinna), nervous shark (C. cautus), creek whaler (C. fitzroyensis), bull shark (C. leucas), common blacktip shark (C. limbatus), blacktip reef shark (C. melanopterus), dusky shark (C. obscurus), sandbar shark (C. plumbeus), spot-tail shark (C. sorrah), Australian blacktip shark (C. tilstoni), winghead shark (Eusphyra blochii), sicklefin lemon shark/sharptooth lemon shark (Negaprion acutidens), goldeneye shovelnose ray (Rhinobatos sainsburyi), milk shark (Rhizoprionodon acutus), grey sharpnose shark (Rhizoprionodon oligolinx), Australian sharpnose shark (Rhizoprionodon taylori), whitetip reef shark (Triaenodon obesus), scalloped hammerhead (Sphyrna lewini) and great hammerhead (S. mokarran),

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 20 January 2029; and
2.              is subject to the conditions applied under section 303FT specified in Schedule 1.

Dated this 20 day of January 2026

REBECCA GEE

……………………………………………………………

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

Declaration of the harvest operations of the Northern Territory Offshore Net and Line Fishery as an approved wildlife trade operation, January 2026

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 Offshore Net and Line Fishery:

Condition 1

Export approval for the Northern Territory Offshore Net and Line 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 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 1 December 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).
2.       Notify the Department 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.

Condition 2

To ensure all reasonable steps are taken to minimise impacts on protected species and improve survivorship, the Northern Territory Department of Agriculture and Fisheries must:

1.       Provide an implementation plan to the Department to establish a protected species mitigation plan for the Fishery no later than 1 December 2026. The plan must detail:

1.       The investigation of protected species mitigation actions, with immediate priority given to pygmy devil rays, snubfin dolphins, sawfish and speartooth sharks.
2.       The implementation of protected species risk mitigation actions proven to be effective.
3.       How the protected species mitigation actions will be independently monitored.

1.       Commence trials of mitigation actions for pygmy devil rays, snubfin dolphins, sawfish and speartooth sharks no later than 1 July 2027.

As part of annual reporting under Wildlife Trade Operation Condition 1, provide an update on progress of the protected species mitigation plan which includes protected species interaction rates, the fate of protected species interactions, the level of independent monitoring coverage.

Condition 3

To support continuous improvement in data reliability and accuracy of protected species interactions the Northern Territory Department of Agriculture and Fisheries must:

1.       Provide an implementation plan to the Department of Climate Change, Energy, the Environment and Water for the expansion of the independent monitoring and validation program for the Northern Territory Offshore Net and Line Fishery by 1 December 2026. The plan must demonstrate how the expanded program will:

1.             Provide independent data that is reliable and representative across all fished areas within the fishery.
2.             Independently monitor and validate the data collected via logbooks with a particular focus on protected species.

1.       Begin implementing the expanded independent monitoring and validation program to help ensure reliable and accurate protected species interaction data no later than 1 December 2027. This may involve the use of electronic monitoring, independent onboard observers, or other means.

Condition 4

To support a confident understanding of stock status and ensure sustainable fishing, by 30 January 2028, the Northern Territory Department of Agriculture and Fisheries should improve data used to inform the stock status of the Gulf of Carpentaria grey mackerel stock.

If throughout the term of this Wildlife Trade Operation approval the Gulf of Carpentaria grey mackerel stock falls below a trigger or limit reference point, the Northern Territory Department of Agriculture and Fisheries must notify the department and in accordance with its harvest strategy advise the department of steps taken to halt overfishing and sustainably manage the stock.

Condition 5

To ensure there is sufficient information available to monitor and manage Australia’s take and trade of species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Northern Territory Department of Agriculture and Fisheries must ensure that any retained or discarded catch of CITES-listed species is recorded and reported to a species level wherever possible (except for Carcharhinus tilstoni and C. limbatus which can be recorded as blacktip sharks). Outcomes of the data collection must be included as part of annual reporting under Wildlife Trade Operation Condition 1.