NOTICE TO CORAL EXPORTERS ON ONLINE PERMIT APPLICATIONS __________________________________________________________________________________ WTR2014/1 The Department of the Environment is issuing the following advice to coral exporters regarding permitting applications for the export of Australian native coral species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The advice relates to coral species that are harvested by the Western Australian Marine Aquarium Fish Managed Fishery, the Northern Territory Aquarium Fishery and the Queensland Coral Fishery, all of which are commercial fisheries currently approved as Wildlife Trade Operations under the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act). The Department has introduced a new online permit application system which enables exporters to apply for their permit online using a smart form. This form is found on the Department’s website (www.environment.gov.au) or by using the link: https://forms.business.gov.au/smartforms/servlet/SmartForm.pdf?formCode=WTP#zoom=10 0. Information for all coral exporters Using the online system, exporters are able to apply for CITES export permits for specimens sourced from an approved fishery. You are not required to list the genus or individual species names on the application, instead exporters should list the name of the approved fishery under which they are licensed or from which their specimens are sourced. The steps for completing the online application are found in Attachment A. The permit approval will cover all species listed on the schedule of approved specimens for the relevant Wildlife Trade Operation (see http://www.environment.gov.au/topics/biodiversity/wildlife-trade/trading-and-outaustralia/commercial-trade/wildlife-trade-0 for a list of approved Wildlife Trade Operations). If the coral exporter is the harvester Provided the permit holder is licensed to harvest the species and the species appears on the schedule, they can apply to export the specimens. All permit applications will require the usual supporting documentation (a copy of the exporters Fisheries License). This can be uploaded when the electronic application is submitted. Should the exporter be licensed under several fisheries, they will be required to enter the details for each fishery and will be issued with one permit per approved fishery. Exporters will only need to pay for one permit application. All issued permits will include a copy of the schedule of approved species under the relevant Wildlife Trade Operation as an annex. If the coral exporter is not the harvester If the exporter is not the coral harvester, the exporter will need to apply for their own permits from the Department. The application process will be the same as outlined in Attachment A for all applicants; however the exporter will also need to provide a copy of the approved harvester’s documentation (e.g. a Fisheries License) and relevant invoices from the GPO Box 787 Canberra ACT 2601 • Telephone 02 6274 1111 • Facsimile 02 6274 1666 • www.environment.gov.au harvester to demonstrate proof of purchase. This is to ensure that the Department can link the export back to an approved source. How your new permit will look In addition to simplifying the permit application process, we have simplified the way your permit will look once it is issued. Fewer line items will appear on the permit, however you will still be authorised to export the same species outlined on your previous permits. Higher listings of order and class have been included where possible, but as before, you are still only authorised to export specimens listed on your relevant schedule. Note that all species licensed under the approved fishery will be listed on your permit, even if you are not applying to export them. The new permits will be issued as follows: Queensland Coral Fishery: Scientific and Common Name Description Anthozoa anemones, corals Hydrozoa mileporine corals, stinging corals, lace corals Scleractinia spp. coral rock Scleractinia spp. coral rock Scleractinia spp. coral fragments Live Coral, refer to attached Annex Live Coral, refer to attached Annex Live rock >3cm attached to live specimens Substrate >3cm attached to live specimens Fragments (2 – 30 mm) attached to nonCITES soft coral Northern Territory Aquarium Scientific and Common Name Description Anthozoa anemones, corals Scleractinia spp. coral rock Scleractinia spp. coral rock Scleractinia spp. coral fragments Live Coral, refer to attached Annex Tridacna squamosa fluted giant clam Tridacna squamosa fluted giant clam Live Live rock >3cm attached to live specimens Substrate >3cm attached to live specimens Fragments (2 – 30 mm) attached to nonCITES soft coral Shells / meat Western Australian Marine Aquarium Fish Managed Fishery Scientific and Common Name Description Anthozoa anemones, corals Scleractinia spp. Live Coral, refer to attached Annex Live rock >3cm attached to live specimens 2 coral rock Scleractinia spp. coral rock Scleractinia spp. coral fragments Substrate >3cm attached to live specimens Fragments (2 – 30 mm) attached to nonCITES soft coral Tridacna giant clams Tridacna giant clams Hippocampus seahorse Hippocampus seahorse Live, refer to attached Annex Shells / meat, refer to attached Annex Live, refer to attached Annex Dried, refer to attached Annex Listing of Scleractinia Corals As outlined above, exports permits will be issued for the relevant approved fishery. The permit issued will contain three line items for Scleractinia species: Scleractinia spp. coral rock - Description: Live Rock >3 cm attached to live specimens (not transported in water) - This listing should be used for Scleractinia live rock specimens greater than 3 cm in diameter attached to live specimens of invertebrate species and coralline rock not included in the CITES Appendices. These specimens will not be transported in water and will be recorded by weight (kg). - Such listings do not require to be identified any further than the order Scleractinia. Scleractinia spp. coral rock - Description: Substrate >3 cm attached to live specimens (transported in water) - This listing should be used for Scleractinia substrate specimens greater than 3 cm in diameter attached to live specimens of invertebrate species and coralline rock not included in the CITES Appendices. These specimens will be transported in water and recorded by number. - Such listings do not require to be identified any further than the order Scleractinia. Scleractinia spp. coral fragments - Description: Fragments (2–30 mm) attached to non-CITES soft coral. - This listing should be used for pieces of Scleractinia between 2 and 30 mm. Such specimens are generally attached to non-CITES soft corals as the structural base when the coral is transported. Specimens should be recorded by number, and the non-CITES component of the specimen should not be listed on the Specimen Export Record. If multiple soft coral species are being exported, they can be grouped together as the permit relates only to the CITES-listed Scleractinia and not to the soft coral. 3 - Such listings do not require to be identified any further than the order Scleractinia. All other forms of Scleractinia corals will be required to be listed to the species level, and will be covered on your permit by the class Anthozoa. Only species listed and approved under your relevant fishery can be exported. The permit will also include a new condition as follows: - “Scleractinia coral rock refers to both live rock and coral substrate. Live rock refers to pieces of coral rock to which are attached live specimens of invertebrate species and coralline algae not included in the CITES Appendices transported moist but not in water. Coral substrate refers to pieces or coral rock to which are attached invertebrates of species not included in the CITES Appendices and which are transported in water.” Specimen Export Records All exporters are provided with Specimen Export Records (SER). A SER must be completed with the specimen details for each consignment sent. Refer to Notification WTR2013/5 (see Attachment B) for information regarding which coral taxa may be identified to genus level in the SER and which must be identified to the species level. Note that all taxa should be identified to species level where feasible. Coral Non-Detriment Findings Over the past two and a half years, the Australian CITES Scientific Authority has been improving the process for conducting non detriment findings for fisheries harvesting CITESlisted species. The fact sheet in Attachment C outlines the process and the factors that have been considered in these assessments. In line with these findings, each fishery that is authorised to harvest coral has been issued with a schedule outlining which species may be harvested for export. These schedules provide the Australian CITES Management Authority with a level of detail for issuing permits that has not been available before. The new permitting process is being implemented to align with the improved management of commercial fisheries approved under the EPBC Act. For further information regarding this notice, please contact: Wildlife Trade Regulation Section. Email: wildlifetrade@environment.gov.au Phone: 02 6274 1900 (answered during business hours, 9am-5pm weekdays) [signed] Michelle Scott Acting Director Wildlife Trade Regulation CITES Management Authority of Australia 7 March 2014 4 ATTACHMENT A COMPLETING YOUR ONLINE APPLICATION To complete the form listing the licensed fishery, follow these steps: Under Part 5 “About Your Specimens” enter the word “Coral” in the free text box in Step 3 and click on the box “Show specimen names”. This will bring up a dialogue box stating that the name does not match any specimens. Click “OK” to close the dialogue box, which brings up the option to search for the species. Click on the blue link “Click to enter here”. 5 This will bring up another free text box where you can enter the name of your approved fishery. Enter your approved fishery in both the “Scientific Name” and “Common Name” boxes. Click on the blue box “Use this species name” to enter this information. 6 ATTACHMENT B NOTICE TO EXPORTERS OF WILDLIFE PRODUCTS WTR2013/5 Replaces WTR2011/3 EXPORTS OF CITES-LISTED CORALS Advice on Acceptable Taxonomic Names The Department of the Environment reminds exporters that permits are required for export of corals that are listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Many exporters will be aware that some countries are questioning or not accepting Australian CITES permits if the species names cited on the permit do not comply with CITES ‘acceptable taxonomy’. NOTE: This is particularly relevant to exporters who operate under a Multiple Consignment Authority, and complete their own Specimen Export Record (SER) for each shipment. In order to assist exporters to use the ‘acceptable’ species names and avoid the use of synonyms, the department has compiled an alphabetical list by Class of Australian corals listed under CITES (Annex A - Version 3, 28 October 2011 – see: http://www.environment.gov.au/system/files/news/390e1150-996a-4052-a323c400ee221d45/files/wtr2013-5-notice-cites-corals-annex.pdf). Only those names in the left hand column should be used on a SER. The greyed-out names in the central column are synonyms that should not be used. The third column is the family name to which each species belongs. This column, too, has greyed-out names that are no longer acceptable. This list is available on our website at http://www.environment.gov.au/biodiversity/tradeuse/index.html or via email upon request to wildlifetrade@environment.gov.au to enable electronic searching of the names. Most coral specimens need to be identified to species level, although some are acceptable if only identified to genus level (Annex B below – from CITES Notification to the Parties 2013/035). For export of Australian native corals that are NOT listed under CITES, please refer to Notice WTR2013/4 dated 26 September 2013. Further information or queries regarding this notice should be addressed to: Wildlife Trade Regulation Section. Email: wildlifetrade@environment.gov.au Phone: 02 6274 1900 (answered during business hours, 9am-5pm weekdays) Authorised by Frank Antram, Director, Wildlife Trade Regulation CITES Management Authority of Australia 26 September 2013 7 NOTICE WTR2013/5 ANNEX B Coral taxa where identification to genus level is acceptable, but which should be identified to species level where feasible (from CITES Notification to the Parties No. 2013/035) Genus Number of species in the genus Acanthastrea 10 Acropora 185 Agaricia 7 Alveopora 14 Anacropora 7 Astreopora 14 Balanophyllia 57 Barabattoia 3 Blastomussa 2 Caulastraea 4 Coscinaraea 9 Ctenactis 3 Cyphastrea 8 Dendrophyllia 25 Distichopora 25 Echinophyllia 11 Echinopora 12 Euphyllia (dead) 9 Favia 25 Favites 15 Fungia 31 Galaxea 7 Goniastrea 12 Goniopora 24 Heterocyathus 5 Heteropsammia 3 Hydnophora 6 Leptastrea 7 Leptoseris 16 8 Lithophyllon 4 Lobophyllia 10 Madracis 17 Millepora 14 Montastrea 12 Montipora 76 Mussismilia 3 Mycetophyllia 5 Oculina 9 Oxypora 5 Pachyseris 5 Pavona 18 Pectinia 8 Physogyra (dead) 2 Platygyra 11 Plerogyra (dead) 8 Pocillopora 17 Porites 60 Psammocora 13 Seriatopora 6 Scolymia 4 Siderastrea 5 Stylaster 77 Stylocoeniella 4 Stylophora 8 Symphyllia 7 Tubastraea 6 Turbinaria 12 9 ATTACHMENT C GUIDANCE FOR DOMESTIC IMPLEMENTATION OF CITES IN COMMERCIAL FISHERIES – NON-DETRIMENT FINDINGS The Convention on International Trade in Endangered Species (CITES) is a binding international agreement, which was ratified by Australia in 1976. The purpose of CITES is to prevent international trade from driving unsustainable population decline in species listed on the Convention’s appendices. CITES requires the exporting Party’s Scientific Authority to make a positive non-detriment finding (NDF) prior to export of CITES specimens. A positive NDF is made when "the sum of all harvests is sustainable in that it does not result in unplanned range reduction, or long term population decline, or otherwise change the population in a way that might be expected to lead to the species being eligible for inclusion in Appendix I". CITES is not prescriptive regarding the process Parties (i.e. countries which are signatories to CITES) should follow in arriving at a NDF, however at the 16th meeting of the Conference of the Parties, a Resolution was adopted, http://www.cites.org/common/cop/16/com/ECoP16-Com-I-07.pdf, that provides a guide to how Parties may consider developing science based NDFs that would satisfy CITES requirements. This Resolution should lead to a more consistent approach, so that both Parties involved in permitting an import/export transaction can be satisfied that CITES requirements have been met. To ensure that fisheries declared as approved Wildlife Trade Operations (WTO) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) continue to be able to trade internationally in CITES-listed marine species, Australia’s CITES Scientific Authority for Marine Species needs to make NDFs based on a level of information that meets these standards. Australia’s CITES Scientific Authority for Marine Species has taken a risk-based approach to the information requirements for making NDFs which closely follows the guidance included in the Resolution. Under this approach, the level of information required to inform a NDF will vary depending on the biological vulnerability of the species, its global and national status, the risks posed to the species, and the degree of certainty associated with these factors. The standard information fields for NDFs include: 1 species biology; species life history characteristics; species range – historic and current; population structure, status and trends (nationally and in the harvest area); threats; species specific (or in some instances genus specific1) levels of harvest/ mortality from the fishery (historic and current); estimates of species specific (or in some instances genus specific) levels of harvest/mortality from all sources combined; results of population modelling; management measures currently in place and proposed, including consideration of rates of compliance; Genus-level reporting is acceptable for some coral species. 10 a scientific assessment of the level of harvest that is considered sustainable under the management regime taking into account all sources of mortality; trade information relating to the species. International CITES Implications Australia, in preparation for the adoption of this Resolution undertook to review and where appropriate modify the approach for determining NDFs for marine species over the past 18 months. This improved process is intended to ensure that all exports from Australia are rigorously assessed and meet CITES requirements before an export permit is issued. Some CITES Parties also require CITES exporting parties to provide their NDF or the information forming the basis for their NDFs prior to allowing imports of CITES listed species into their country. A number of countries including the European Union (EU) have chosen this avenue in order to be confident that the Convention is being applied properly by all Parties and international trade of CITES specimens into their country is not contributing to unsustainable utilisation in other parts of the world. This means that Australia (as an exporting party) has to be able to provide appropriate evidence that our harvest regimes and management measures are sustainable. The CITES Scientific Authority for Marine Species has received an increasing number of such requests over the past 12 months. Running parallel to the increased scrutiny from importing Parties, there has been an increase in the number of marine species being examined through the formal CITES process to check that Parties are meeting their CITES NDF obligations. In recent years, Australia has been included in this process, known as the ‘Review of Significant Trade’. The purpose of these reviews is to examine species of concern and determine if Parties are upholding their obligations under the Convention and determine if there are any significant problems with the implementation of NDFs. The outcome of these assessments can be international trade bans if countries are found to be breaching their obligations. During recent years, Australia’s CITES Scientific Authority for Marine Species has been required to provide advice to the CITES Secretariat on our trade and NDFs for 4 seahorse species, 20 coral species and 1 species of giant clams. CITES Precautionary Principle Adopted at the 11th meeting of the CITES Conference of the Parties (Gigiri, 2000), the CITES Strategic Vision states that “Where uncertainty remains as to whether trade is sustainable, the precautionary principle will be the ultimate safeguard“. Australia’s CITES Scientific Authority for Marine Species interprets the precautionary principle under CITES as the definition of the precautionary approach set out in Principle 15 of the Rio declaration (United Nations Conference on Environment and Development, 1992). It states: “In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation”. Further, during the 14th meeting of the Conference of the Parties (The Hague), an objective was set that the “best available scientific information should be the basis for non-detriment findings”. Where species are considered particularly vulnerable or rare and have a relatively high level of harvest, the burden of proof in a NDF will be high. As such, if information is limited, the level of harvest of the species should be limited accordingly, and the basis for the harvest limit must be scientifically justified. If the burden of proof is unable to be met, the 11 harvest of the species must be considered detrimental until it can be demonstrated otherwise. 3 April 2013. Type of Information Required In general, if the CITES Scientific Authority for Marine Species has access to the following information, a rigorous NDF assessment will be able to be conducted: relevant scientific literature concerning species biology, life history, distribution and population trends; details of any ecological risk assessments conducted; scientific surveys conducted at harvest locations and related sites that the species could recruit from (i.e. demonstrated important habitat that has been protected from harvest and other impacts); relevant knowledge and expertise of local and Indigenous communities; stock assessments; data on historical harvest, catch distribution, and catch per unit effort, including explanations of any change in these over time (e.g. reduced effort, or became harder to find); information on all sources of mortality, including activities such as recreational or Indigenous fishing, and any important ecological disturbances that affect the CITES listed species; and the management arrangements for the species, including harvest levels, and justification as to why this is considered sustainable within the relevant context. It is important to note that where harvest levels are shown to be increasing, either on a national or regional scale, there may need be a higher burden of proof to inform the NDF and ensure that the proposed level of harvest is sustainable. Where insufficient scientific evidence is available, the Australian CITES Scientific Authority for Marine Species will take into account all available information and apply the precautionary approach in making its non-detriment assessment. It is possible that harvest of CITES listed species will be restricted until such time as adequate scientific information can be considered. Key issues regarding NDF for CITES specimens harvested from commercial fisheries Currently, in many Australian commercial fisheries, there appears to be limited information available on the majority of CITES listed species in relation to species biology, life history, and population distribution, status and trends. Research that would allow the level of detail required to conduct a rigorous NDF has often not been undertaken. Australia’s CITES Scientific Authority for Marine Species understands that this information will take time to gather, however, in the interim, precautionary management measures may need to be applied to ensure Australia meets its CITES obligations. Where to from here? Prior to submitting information to DSEWPaC for assessment of fisheries for export approval, fisheries management agencies are encouraged to analyse the amount of information already available on CITES species within their fishery, assess its accuracy, recency, completeness and determine any significant gaps in information that may limit the preparation of a NDF for each species. In doing this, questions to consider are: 12 Historical Catch Information Is the information species specific? Does it indicate whether harvest is localised or widespread? Does it indicate stable, increasing, decreasing or alternating harvest levels, and is the spatial distribution of harvest consistent? Population Surveys & Stock Assessments Have any population surveys been undertaken? Have stock assessments been conducted? How long ago were these population surveys or stock assessments conducted? Have harvest levels been stable since the stock assessments were conducted? If not, an assessment of the reasons for change (demand; catchability) needs to be made. Are there any stock assessments or population data in the region or throughout the world that give an indication of local or global status? Species-Specific Information Is there information available on species biology and life history characteristics? Is this information relevant to wild populations in Australia? Is there research to indicate how species life history characteristics relate to its ability to support and recover from harvest? Is there any research on the impact of disturbances and other threats on species, e.g. disease, invasive species, coral bleaching? If any of these questions represent information gaps, then these uncertainties should be recognised within the submission for export approval. Additional Information Has there been any anecdotal evidence of population declines in Australia? Recreational and Indigenous Fishing and sources of mortality Is there any evidence of the species being targeted by recreational or Indigenous fishing? If so, what is the scale of this harvest thought to be, and what uncertainties exist? Is there evidence of illegal take of the species in the area of the population in question and/or nationally? If there are information gaps, it may not be possible for the management agency to fill them, but this will have to be accounted for in designing appropriately precautionary management. The design and an explanation of the suitability of these measures should be explained to DSEWPaC in your submission for assessment of the fishery. Management Arrangements Are there management arrangements in place specific to CITES species to ensure harvest is controlled and monitored? (E.g. harvest triggers to require collection of additional information, or spatial management of catch) What compliance mechanisms are in place, and how effective are they? Should more precautionary management (such as limits on harvest) be introduced to ensure future harvest of CITES species is demonstrably controlled and sustainable? This is especially important where there is a significant gap in scientific information for CITES species taken by the fishery. 13 Where significant data gaps are identified, the fishery is encouraged to commission relevant research to address these gaps, and limit harvest to precautionary levels in the interim. 14