Declaration of an Approved Wildlife Trade Operation – Western Australian Marine Aquarium Fish Managed Fishery, October 2025 (No. 2)

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – WESTERN AUSTRALIAN MARINE AQUARIUM FISH MANAGED FISHERY, OCTOBER 2025 (NO. 2)

I, JESSICA HOEY, Director, Sustainable Fisheries and CITES Policy Section, 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 application from the Western Australian Department of Primary Industries and Regional Development, 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 Western Australian Marine Aquarium Fish Managed Fishery as defined in the management regime in force under the:

• Fish Resources Management Act 1994 (WA)
• Fish Resources Management Regulations 1995 (WA)
• Marine Aquarium Fish Managed Fishery Management Plan 2018,

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), except for west Australian seahorse (Hippocampus subelongatus), western spiny seahorse (Hippocampus angustus) and knobby seahorse (Hippocampus tuberculatus) 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 20 October 2028 and;
2.              is subject to the conditions applied under section 303FT specified in Schedule 2.

Dated this 24th day of October 2025

………….…….…JESSICA HOEY………………………………

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

List of species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora that are eligible to be exported from the Western Australian Marine Aquarium Fish Managed Fishery

Schedule 2

Declaration of the harvest operations of the Western Australian Marine Aquarium Fish Managed Fishery as an approved wildlife trade operation, October 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 Western Australian Marine Aquarium Fish Managed Fishery:

Condition 1

Export approval for the Western Australian Marine Aquarium Fish Managed Fishery (the fishery) has been provided on the basis the fishery will be managed in accordance with the Fish Resources Management Act 1994 (WA) and the Fish Resources Management Regulations 1995 (WA). 

During the term of the export approval, the Western Australian Department of Primary Industries and Regional Development (DPIRD) 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 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

To ensure there is a high degree of probability that take will not be detrimental to the survival of CITES-listed species harvested in this fishery, precautionary catch thresholds must be implemented to reduce the risk of overharvest and localised depletion. DPIRD must:

1.       implement the precautionary catch thresholds described at Attachment B into the fishery’s management regime for the following CITES-listed species by 30 November 2026:

1.         hard corals (Order Scleractinia)
2.       seahorses (H. subelongatus, H. angustus and H. tuberculatus)
3.     giant clams (T. squamosa and T. maxima)

1.       investigate options and pathways to implement enforceable species-specific catch limits into this fishery’s management arrangements for CITES-listed species.

The catch thresholds are to be inclusive of specimens taken for broodstock and remain in place for all CITES-listed species until scientific evidence can be provided to substantiate a deviation from these limits.

Condition 3

Continued monitoring of spatial catch limits are necessary to manage the risk of localised depletion of CITES-listed hard corals in accordance with positive conditional non-detriment finding. 

Condition 4 

To reduce pressure on stressed species and habitats in the fishery during severe environmental events and support recovery, DPIRD must: 

1.       develop and implement a Severe Event Response Plan that allows DPIRD to respond to severe environmental threats which impact coral reefs in areas accessed by the fishery by 20 April 2028. This plan should integrate with existing monitoring and incident management frameworks across science and management agencies to inform adaptive fishery management responses. Severe environmental event may be associated with (inter alia) mass bleaching events and/or severe cyclones (>Category 4-5). 
2.       in lieu of a Severe Event Response Plan being implemented, if any Bioregion (North Coast, Gascoyne, West Coast and/or South Coast) experiences a severe cyclonic event, or conditions that are likely to cause severe heat stress and coral bleaching indicated by six consecutive Degree Heating Weeks, DPIRD must meet with the Department of Climate Change, Energy the Environment and Water to discuss appropriate management responses. This meeting should be undertaken as soon as possible to: 

1.         consider the extent and severity of impact over the western Australian coral reefs; and 
2.       explore any necessary fisheries management responses to manage the extent of the impact on affected species and ecosystems. 

Recommendation 1

In order to support the development of non-detriment findings for the CITES-listed giant clams and seahorses harvested in the fishery, DPIRD should by 15 October 2027 provide the Department of Climate Change, Energy, the Environment and Water (the department) with updated scientific data and information. This information should include (but not be limited to):

1.       population status and distribution
2.       an indication of the sex ratio or average number of mating pairs for seahorses within fishery areas
3.       population trends (where available)
4.       harvest levels (to species unless otherwise indicated) which also account for all 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 and seahorses.

Attachment A

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

Attachment B 

Annual harvest limits for species collected in the fishery which are listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).