About the consultation
We are seeking feedback on the department’s proposed issuance of a non-detriment finding for CITES-listed Tridacna maxima giant clams harvested in the Commonwealth Cocos (Keeling) Islands Clam Fishery. A draft non detriment finding has been provided for public consideration and comment.
Any decision on this matter, will help inform a complimentary proposal to declare the fishery as a Wildlife Trade Operation (WTO) under Part 13A (section 303FN) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Public comments were previously sought on the WTO proposal in May and June 2025.
Summary
At the 5th Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) parties adopted a proposal to include the Tridacninae family, including small giant clam (Tridacna maxima) in CITES Appendix II. The listing took effect from 1 August 1985.
In the case of an Appendix II listing, a species may not be threatened with extinction; however international trade needs to be regulated to ensure it is not detrimental to the survival of the species in the wild. The CITES Appendix II listing requires exporters or importers of product derived from the listed species to obtain a CITES permit.
• More about CITES Appendix II
Prior to approving a commercial export permit CITES requires that where the export of an Appendix II listed species is proposed, the relevant government agency from the country of export must determine the activity will not be detrimental to, or contribute to trade which is detrimental to, the survival of the species. This is known as a ‘non-detriment finding’ (NDF) which is implemented domestically through the EPBC Act.
In 2015, the predecessor to the Australian Government Department of Climate Change, Energy, the Environment and Water (the department), issued an NDF that concluded the harvesting of giant clams in waters around the Cocos (Keeling) Islands by an Australian company, Tycraft Pty Ltd, was unlikely to be detrimental to local T. maxima stocks.
Since this date, the ecological impact of these operations on T. maxima stocks has been regularly reviewed by the department, with updates to the NDF included in supporting WTO documents. With 10 years having passed since the NDF was originally issued, the department has decided to formally revisit the NDF to ensure the Cocos (Keeling) Islands operations continue to meet Australia’s CITES requirements.
Any decision on this matter, will help inform a complimentary proposal to declare the fishery as a Wildlife Trade Operation (WTO) under Part 13A (section 303FN) of the EPBC Act. Public comments were previously sought on the WTO proposal from 21 May 2025 to 24 June 2025.
The scope of this proposal
considers T. maxima giant clams harvested in Commonwealth Cocos (Keeling) Islands Clam Fishery.
Consideration will be given to:
the suitability of the proposed non-detriment finding for CITES-listed T. maxima giant clams harvested in the Commonwealth Cocos (Keeling) Islands Clam Fishery.
the making of a complementary declaration for the affected fishery, as managed consistent with the respective fisheries legislation and regulations, as an approved Wildlife Trade Operation under Part 13A (section 303FN) of the EPBC Act.
In accordance with the provisions of sections 303DC and 303FR of the EPBC Act, you are invited to comment on this proposal. Any comments received will form part of the documentation provided to the Australian Government Minister for the Environment and Water, or the minister’s delegate for a decision.
How you can get involved
Download the application:
Non-detriment finding for the Commonwealth Cocos (Keeling) Islands Clam Fishery [PDF 722KB]
Non-detriment finding for the Commonwealth Cocos (Keeling) Islands Clam Fishery [DOC 1.7MB]
If you have difficulty accessing these files, visit web accessibility for assistance.
Send your comments
The call for public comments is open from 18 July 2025 until COB 14 August 2025.
Email: sustainablefisheries@dcceew.gov.au
Mail:
The Director
Sustainable Fisheries Section
Department of Climate Change, Energy, the Environment and Water
GPO BOX 3090
Canberra ACT 2601
Privacy and confidentiality
Copies of comments may be made available to other persons with a particular interest in the application. If you wish your comments to remain confidential, please clearly mark the relevant part(s) of your comments as ‘confidential’.
