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1 | Page Department of PRIMARY INDUSTRY and RESOURCES NORTHERN TERRITORY AQUARIUM FISHERY RE-ASSESSMENT REPORT August 2019 Report prepared for the Department of the Environment and Energy as required for assessment under Part 13 and 13 A of the Environment Protection and Biodiversity Conservation Act. Background In December 2016, the Northern Territory (NT) Aquarium Fishing/Display Fishery (Aquarium Fishery) was re-accredited under Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The assessment resulted in the fishery being declared an approved Wildlife Trade Operation (WTO) under subsection 303FN (2) of the EPBC Act. This declaration was subject to a number of conditions and recommendations being agreed and implemented before the next Australian Government review of the fishery in 2019, or within the timeframes specified in the individual controls. This report, produced by the NT Department of Primary Industry and Resources (DPIR), outlines the conditions and recommendations and provides a response to each. This submission should be read in conjunction the NT Fisheries Regulations (see https://legislation.nt.gov.au/en/Legislation/FISHERIES-REGULATIONS-1992) as well as previous NT Aquarium Fishery assessment reports provided to the Department of the Environment and Energy (DoEE), and its predecessors, in 2005, 2008, 2011, 2012, 2014 and 2016 (see https://www.environment.gov.au/marine/fisheries/nt/aquarium). Introduction The fishery is a small-scale, multi-species fishery that prospects freshwater, estuarine and marine habitats to the outer boundary of the Australian Fishing Zone (AFZ). The fishery supplies a wide range of aquarium fishes and invertebrates to local, inter-State and international pet retailers, wholesalers and public aquariums. In recent years the fishery has been developing with some operators transitioning to the collection of marine fish and invertebrates from a previous focus on freshwater fish. This transition means that historical catch data for the new target species is limited. Due to the lack of long-term historical data a precautionary approach has been applied to the harvest of species resulting in very modest prescribed harvest limits. The reassessment of the 2016 WTO provided a modest increase in harvest limits for eight key species. These increases were based on the non-detrimental findings (NDF) for the species using outcomes from the Environmental Risk Assessment (ERA) conducted by the fishery in 2015.

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Page 1: Northern Territory Aquarium Fishery Re-assessment Report ... · estuarine and marine habitats to the outer boundary of the Australian Fishing Zone (AFZ). The fishery supplies a wide

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Department of

PRIMARY INDUSTRY and RESOURCES

NORTHERN TERRITORY AQUARIUM FISHERY

RE-ASSESSMENT REPORT – August 2019

Report prepared for the Department of the Environment and Energy as required for assessment under Part 13 and 13 A of the Environment Protection and Biodiversity Conservation Act.

Background

In December 2016, the Northern Territory (NT) Aquarium Fishing/Display Fishery (Aquarium Fishery) was re-accredited under Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The assessment resulted in the fishery being declared an approved Wildlife Trade Operation (WTO) under subsection 303FN (2) of the EPBC Act. This declaration was subject to a number of conditions and recommendations being agreed and implemented before the next Australian Government review of the fishery in 2019, or within the timeframes specified in the individual controls. This report, produced by the NT Department of Primary Industry and Resources (DPIR), outlines the conditions and recommendations and provides a response to each. This submission should be read in conjunction the NT Fisheries Regulations (see https://legislation.nt.gov.au/en/Legislation/FISHERIES-REGULATIONS-1992) as well as previous NT Aquarium Fishery assessment reports provided to the Department of the Environment and Energy (DoEE), and its predecessors, in 2005, 2008, 2011, 2012, 2014 and 2016 (see

https://www.environment.gov.au/marine/fisheries/nt/aquarium).

Introduction

The fishery is a small-scale, multi-species fishery that prospects freshwater, estuarine and marine habitats to the outer boundary of the Australian Fishing Zone (AFZ). The fishery supplies a wide range of aquarium fishes and invertebrates to local, inter-State and international pet retailers, wholesalers and public aquariums. In recent years the fishery has been developing with some operators transitioning to the collection of marine fish and invertebrates from a previous focus on freshwater fish. This transition means that historical catch data for the new target species is limited. Due to the lack of long-term historical data a precautionary approach has been applied to the harvest of species resulting in very modest prescribed harvest limits. The reassessment of the 2016 WTO provided a modest increase in harvest limits for eight key species. These increases were based on the non-detrimental findings (NDF) for the species using outcomes from the Environmental Risk Assessment (ERA) conducted by the fishery in 2015.

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The managed sustainable increase in harvest limits for key species is seen as an important process to promote industry growth. The current harvest of hard corals in the NT (2572 kg in 2018-19), is still comparatively small compared to Western Australia (permitted harvest of 20 tonnes of hard coral) and Queensland (85 tonnes of corals were harvested in 2017-18, of which 35 tonnes was “specialty corals” and 51 tonnes listed as “other coral catch”). Fishery area Aquarium Fishing/Display fishery licensees may harvest from all inland, estuarine and marine waters to the outer boundary of the AFZ in NT waters covering 523,946 sq. kms. There are six Marine Parks in NT Commonwealth waters. Subject to assessment and authorisation by Parks Australia hand collection and use of hand nets can be undertaken by Aquarium Fishery licensees outside of designated IUCN II National Park Zones within the Maine Park Network in NT waters. Harvesting is not permitted from a number of designated protected areas in NT territorial waters, such as Doctor’s Gully Aquatic Life Reserve, East Point Aquatic Reserve and Darwin Harbour, Aboriginal sacred sites, aquaculture farm leases and sanctuary zones. Freshwater and estuarine species are generally collected between the Adelaide and Daly rivers. The majority of fishing for marine species occurs within 100km of Darwin and Nhulunbuy, however from time to time sporadic activity has occurred away from the major centres. See Figure 1.

Figure 1. Fishery catch all years (Red hatched areas indicate Grids where Corals have been harvested).

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Analysis of the catch data from 2014 to present indicates that collection effort is spread out across the historical harvest area with operators working in different areas for the greater part of the collection of most of the coral species. There has been no fishing effort at all in the Gulf of Carpentaria for freshwater or marine species including corals.

Figure 2. Historic harvest area.

Fishery activity and management The number of Aquarium Fishery licences in the NT is capped at 12 (with 11 currently granted) and the number of those licences participating in coral collection has varied over the years (Table 1.). In 2018-19 there were 7 licences actively collecting marine species including corals and live rock. The estimated total area fished by the fishery of the reef habitat available to licence holders in NT waters in 2018 was 0.14%.

Financial

Year

Number of

licences in

NT

Aquarium

Fishery

Licences

active in

harvesting

corals

Days

fishing

for

corals

2016-17 11 5* 84

2017-18 11 5* 90

2018-19 11 7* 142

Table 1. Number licences collecting corals. Note 1 Public Display licence collecting small amounts of corals for replacements in display aquarium.

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There are a number of factors that limit the area where fishing is undertaken and/or diver effort including; tidal range; turbidity; tropic seasonal sea and weather conditions; access and remoteness; sacred site closures; and the presence of saltwater crocodiles. Until 2019-20 licensing year the prescribed harvest limits on corals as a condition of the WTO were applied across the fishery, and when the limit for a species was reached DPIR applied temporary closure notices for those species to keep harvest levels within or close as possible to the levels set in the NDF for the remainder of the licencing year. Starting 1 July 2019 to improve the management for harvesting of corals, DPIR introduced an interim harvest level that is applied to each licence, where the cumulative totals of all licence harvest levels is equivalent to the NDF total set by DoEE as part of the 2016 WTO. This important measure was also accompanied by a number of supporting measures including the introduction of a Vessel Monitoring System (VMS), electronic logbook reporting, the requirement for pre-departure notices and prior landing notices, and random vessel unload inspections The previous Ecological Risk Assessment (ERA) that was undertaken in 2015 is available upon request from NT Fisheries. The current ERA was undertaken in July 2019, involving a two-step process. Firstly a panel of independent technical experts assessed the ecological risks and provided recommendations. Then NT Fisheries researchers and fishery managers, commercial fishers and other stakeholders (representatives from the environment sector and NT Water Police Section) reviewed the recommendations and discussed the assessments with the independent technical panel and reached consensus on the assessment. The results of this ERA are expected to be available by the end of December 2019. Main target species The fishery has a number of different primary target species depending upon the time of year, market demands or gear type used by individual fishers. In 2018/19, the key components of the fishery were:

speciality corals (including anemones, hard and soft corals);

living rock (i.e. fragments of dead hard coral covered with other organisms;

includes coral rubble and coral sand);

marine fish;

freshwater fish and invertebrates;

marine snails. Since 2010 some licences in the fishery have transitioned from a focus on freshwater harvest to the marine harvest, specifically the collection of corals, with a subsequent broadening of the range of species collected and the areas where they are harvested.

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The commercial catch can be separated into invertebrates and finfish. Invertebrate catch is mainly comprised of various snails, whelks and more recently hard and soft corals. The finfish catch is diverse with both marine and freshwater species collected. The majority of the fishery harvest is now hard corals and live rock, which are recorded by weight to ensure accuracy. Other fish and invertebrate species are recorded in terms of the number of individuals (or items) collected. DPIR considers there to be significant potential for development in the NT Aquarium Fishery, both for current participants and remote Aboriginal communities. Adherence to 2016 WTO conditions The following progress has been made by DPIR in addressing the additional provisions in Schedule 1 of the 2016 WTO:

Conditions Progress

Condition 1: “Operation of the fishery will be carried out in accordance with the management regime under the NT Fisheries Act 1988 and the NT Fisheries Regulations.”

Condition met The management of the fishery is undertaken in strict accordance with the requirements and guidelines of the Northern Territory Fisheries Act 1988 and Fisheries Regulations 1993. Aquarium operations performed under licence must also conform to conditions of licence. All new entrants into the fishery are required to undertake an induction interview with NT Fisheries during which the relevant regulations, licence conditions and protocols associated with any protected species interactions are clearly explained. In addition, the Aquarium Fishery’s Environmental Management System states that all licensees will release any non-commercial species, such as protected species, quickly and at the point of capture.

Condition 2: “The NT Department of Primary Industry and Resources (DPIR) to inform the Department of any intended material changes to the fishery’s management arrangements that may affect the assessment against which Environment Protection and Biodiversity

Condition met Since the 2016 DPIR has notified DoEE that the following management measures were to be applied as licence conditions in 2019-20 licensing year:

1. Individual allocations of harvest levels to licences to prevent a “race to fish” circumstance and over harvest of some species;

2. Electronic logbook returns are required to be submitted within 5 days of return to port for licensees harvesting marine species;

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Conditions Progress

Conservation Act 1999 decisions are made.”

3. VMS will be required for all motherships involved in collecting/harvesting marine species.

4. Logbook returns now require weight reporting of all CITES listed coral species rather than by piece when under 500grams.

DPIR staff will continue to maintain dialogue with DoEE staff with respect to this condition. DPIR has, and will continue to advise DoEE of any proposed amendments to the management of the fishery through interim and annual fishery reports.

Condition 3: “The NT DPIR to produce and present reports to the Department annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.”

Condition met DPIR has submitted annual reports for the NT Aquarium Fishery covering each licensing year (2016-17, 2017-18 and 2018-19) since the 2016 WTO assessment.

Condition 4: “The NT DPIR to: a. limit harvest of CITES

listed species according to current non-detriment findings for each species or species group

b. consult with the Department prior to a change to the management arrangements for a CITES listed species being implemented.”

Condition 4.a. partially met

a. In the 2018-19 licensing year when species reached their prescribed harvest levels DPIR consulted with DoEE and wrote to licence holders applying temporary closure notices to keep harvest levels within or as close as practicable to the levels set in the NDF. Since 1 July 2019 the prescribed harvest limits have been managed through individual licence harvest limits that collectively total the prescribed NDF harvest limit of each species for the fishery.

Condition 4.b. met b. In December 2018 DPIR sought advice from

DoEE as to whether DPIR should inform all licence holders there is an immediate temporary suspension of the harvesting of species where NDF harvest levels had been exceeded.

In February 2019 DPIR gave notification of changes in management arrangements better manage the fishery, including:

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Conditions Progress

1. Licence holders collecting marine species (corals, clams, CITES/WTO listed species) to use E-logs and submit E-log return upon returning to port, or submit hard copy Logbook returns within 5 working days of landing (formerly 28 days after the end of the month).

2. Prior departure notice for licence holders /operators collecting marine species (corals, clams, CITES/WTO listed species) by e-mail to a specified email address at least four hours before departure.

3. Prior landing notice for licence holder

/operators collecting marine species (corals, clams, CITES/WTO listed species) by e-mail or to a specified mobile phone number two hours before docking or landing at a boat ramp.

DPIR also informed DoEE that licence holders have been informed the following licence conditions are being implemented from 1 July 2019:

1. From 1 July 2019 all vessels operating in the Aquarium Fishing/Display Fishery (including motherships and tenders) used for collecting live rock and CITES listed corals and clams must have NT Fisheries approved VMS units installed. Licence holders must ensure that installed VMS units are maintained and operating at all times unless written approval is given by the Director.

2. From 1 July 2019 all licence holders collecting CITES listed marine species with defined harvest levels must submit harvest returns via E-logs.

Condition 5: “In consultation with the Department, the NT DPIR to: a. complete the ecological

risk assessment (ERA) report

b. commence development of a harvest strategy for the fishery, and

c. consider further research

Condition met

a. The 2015 ERA was finalised and a copy provided to DoEE in 2018. Due to the increased fishery activity in the harvesting of marine species in the 2018-19 licensing year a workshop to update of the Ecological Risk Assessment for the fishery was undertaken in July 2019. It is planned to finalise the updated ERA by the end of the 2019 calendar year.

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Conditions Progress

on CITES species to better define species' distribution and abundance in areas of high fishing effort. “

b. DPIR has begun the process of developing a

Harvest Strategy and management plan for the fishery. DPIR is currently establishing a Management Advisory Committee comprising representatives from commercial and recreational fishing sectors, Aboriginal Land Councils and the environmental sector. Nomination are currently with NT Government Cabinet for consideration. The Committee will provide advice to DPIR on the development of a harvest strategy and management framework for the fishery.

c. DPIR Fisheries Research group is currently focussing on assessing the impacts of harvesting corals. The group has submitted a funding EOI to the Fisheries Research and Development Corporation- Determination of the impacts of direct harvest of coral species in northern Australia. Establish a monitoring program involving commercial fishers and Indigenous Marine Rangers to determine the impacts of harvest on key coral species. Transects and quadrats at impact and control sites across various spatial and temporal scales. Settlement and recruitment. Improve the accuracy of coral species identification through the development of an NT identification guide.

Condition 6: “The NT DPIR to: a. implement appropriate

measures to ensure accurate recording of catch data, which may include electronic logbooks and vessel monitoring systems, and

b. investigate and implement measures to improve species level identification for harvested species.”

Condition met

a. Hard copy logbook returns were a requirement in the fishery up until the end of the 2018-19 licensing year. From 1 July 2019 all licensees harvesting marine species are required to submit Electronic logbook returns within 5 days of returning to port. VMS are required from 1 July 2019 on all mother ships harvesting marine species in the fishery. VMS will be required from 1 January 2020 on all tenders involved in harvesting marine species in the fishery.

b. DPIR has submitted an EOI to the Fisheries Research and Development Corporation: The EOI includes a component to improve the accuracy of coral species identification through the development of an NT identification guide.

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Review of Harvest Levels

Risks and harvest levels for the corals harvested were discussed during the Ecological Risk Assessments for the fishery conducted in 2015 and in 2019. The participants in the 2015 ERA recommended at the time that doubling the harvest levels would not likely increase the risks to all of the species in the fishery. This resulted in eight of the highest priority commercial species to the holders having their harvest limit increased.

More recently, with an additional four years of available data, the participants in the 2019 ERA (including independent technical experts) again recommended that doubling the limits for those species that were not increased in the 2016 NDF would not pose a risk to the fishery, including the two species noted as “corals of concern” in the 2015 ERA: Cynarina lacrymalis; and Moseleya latistellata (highlighted in yellow in Table 2).

The expert technical panel in the 2019 ERA also recommended that Montipora species should be grouped as genus and have a combined harvest level due to challenges in identifying to species level (highlighted in green in Table 2). The industry and stakeholder group at the ERA also supported this recommendation.

Table 2 highlights: the 2016 NDF harvest levels; the average take per species in the 2016-17 to 2018-19 licensing year since the 2016 NDF levels were set; and the proposed increases in harvest levels for these species in the current area where corals, clams and live rock have been historically harvested.

In addition, DPIR is proposing that in the Gulf of Carpentaria (an area that has not been subject to any coral harvesting, see “Gulf Zone” in Figure 3 below), a separate harvest level be introduced in order to gain an understanding of species abundance and distribution in this area. There will be a 5kg limit on catch for any one species at any one location/coordinate with a “move on at least 2kms” provision if the 5kg limit is triggered. This will also encourage licence holders to prospect and develop the fishery and knowledge of species in that area (see column 5 in Table 2 below).

Figure 3. Historic harvest area and proposed Gulf harvest zone.

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DPIR is also open to considering area closures and/or rotating harvest in the Harvest Strategy and subsequent management plan development to prevent species depletion across the NT.

Table 2. Current and proposed harvest levels

Species/type 2016 NDF

Average harvest

2016-2019 (kgs/no*)

DPIR requested

increase for 2019 in historic harvest

area

DPIR proposed harvest in Gulf area outside of

historic harvest area

Live rock 6000 2346 n/a 1000

Clam - Tridacna squamosa 200 212* n/a -

Clam- Tridacna maxima 80 76* n/a -

Acanthastrea echinata 100 87.45 n/a 25

Acanthastrea hillae 40 2.57 80 20

Acanthastrea sp 40 3.33 80 20

Acropora sp,* 40 14.28 160 40

Alveopora allingi 40 0.89 80 20

Alveopora sp 40 4.06 80 20

Alveopora tizardi 40 2.98 80 20

Australogyra zelli 40 0.80 80 20

Australomussa rowleyensis 40 17.47 80 20

Balanophyllia spp. 40 2.40 80 20

Blastomussa wellsi 40 5.27 80 20

Briareum sp 40 0.07 80 20

Ctenactis sp 40 0.21 80 20

Cynarina lacrymalis* 20 22.70 40 10

Cyphastrea chalcidicum 40 18.23 80 20

Cyphastrea micropthalma 40 32.40 80 20

Cyphastrea seralia 40 7.13 80 20

Cyphastrea sp 80 3.33 n/a 20

Dendronephthya sp 40 3.97 80 20

Dendrphylliaa sp. 40 1.01 80 20

Duncanopsammia axifuga 80 86.60 n/a 20

Echinophyllia aspera 40 44.68 80 20

Echinophyllia orpheensis 40 13.78 80 20

Echinophyllia sp 80 22.38 n/a 20

Euphyllia ancora 80 90.90 n/a 20

Euphyllia glabrescens 80 74.90 n/a 20

Euphyllia paraancora 300 401.70 n/a 75

Euphyllia sp 80 0.00 n/a 20

Favia favus 40 22.73 80 20

Favia helianthoides 40 0.30 80 20

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Species/type 2016 NDF

Average harvest

2016-2019 (kgs/no*)

DPIR requested

increase for 2019 in historic harvest

area

DPIR proposed harvest in Gulf area outside of

historic harvest area

Favia laxa 40 35.64 80 20

Favia maratima 40 6.98 80 20

Favia maxima 40 11.77 80 20

Favia pallida 40 12.53 80 20

Favia rotumana 40 17.14 80 20

Favia speciosa 40 35.11 80 20

Favia sp 40 29.72 80 20

Favia veroni 40 12.33 80 20

Favites chinensis 40 12.40 80 20

Favites complanata 40 2.27 80 20

Favites flexuosa 40 0.73 80 20

Favites halicora 40 14.00 80 20

Favites paraflexuosa 40 6.67 80 20

Favites pentagona 40 9.73 80 20

Favites rotundata 40 2.31 80 20

Favites sp 40 8.13 80 20

Fungia fungites 40 0.00 80 20

Fungia repanda 40 1.60 80 20

Fungia sinensis 40 10.33 80 20

Fungia sp 40 4.44 80 20

Galaxea astreata 40 2.40 80 20

Galaxea fascicularis 40 14.03 80 20

Goniastrea australensis 40 2.00 80 20

Goniastrea paulauensis 40 10.00 80 20

Goniastrea retiformis 40 12.67 80 20

Goniastrea sp 40 5.11 80 20

Goniastrea stelligera 40 3.00 80 20

Goniopora sp** 0 55.13 160 40

Heliofungia actiniformis 200 195.90 n/a 50

Herpolitha limax 40 0.27 80 20

Hydnophora exesa 40 2.78 80 20

Hydnophora microconus 40 1.23 80 20

Hydnophora pilosa 40 0.47 80 20

Hydnophora rigida 40 1.00 80 20

Hydnophora sp 40 6.25 80 20

Leptastrea purpurea 40 28.90 80 20

Leptoseria transversa 40 23.00 80 20

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Species/type 2016 NDF

Average harvest

2016-2019 (kgs/no*)

DPIR requested

increase for 2019 in historic harvest

area

DPIR proposed harvest in Gulf area outside of

historic harvest area

Leptoseris explanata 40 0.70 80 20

Lithophyllon sp 40 0.29 80 20

Lithophyllon undulatum 40 2.27 80 20

Lobophyllia hemprichii 40 6.00 80 20

Lobophyllia pachysepta 40 8.33 80 20

Lobophyllia robusta 40 3.33 80 20

Lobophyllia sp 40 2.21 80 20

Lobophytum sp 40 2.80 80 20

Merulina ampliata 40 0.13 80 20

Micromussa amakusensis 40 21.52 80 20

Micromussa diminuta 80 106.40 n/a 20

Moseleya latistellata* 20 41.20 40 10

Montipora sp*** 40 31.82 80 20

Mycedium elaphantotus 40 1.36 80 20

Mycedium sp 40 0.39 80 20

Oxypora lacera 40 0.77 80 20

Oxypora sp 40 1.07 80 20

Platygyra daedalea 40 9.80 80 20

Platygyra lamellina 40 14.90 80 20

Platygyra sp 40 6.89 80 20

Plerogyra sinuosa 40 46.90 n/a 20

Plesiastrea versipora 40 1.17 80 20

Pocillopora damicomis 40 0.27 80 20

Porites aranetai 40 13.33 80 20

Porites austaliensis 40 13.33 80 20

Porites cylindrica 40 15.90 80 20

Psammocora contigua 40 0.23 80 20

Psammocora digitata 40 6.00 80 20

Psammocora haimeana 40 6.00 80 20

Psammacora sp 40 2.71 80 20

Scolymia sp 40 18.18 80 20

Scolymia vitensis 40 10.67 80 20

Seriatopora hystrix 40 28.25 80 20

Sinularia sp 40 0.08 80 20

Stylophora sp 40 0.47 80 20

Stylophora pistillata 40 0.67 80 20

Symphyllia radians 40 13.25 80 20

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Species/type 2016 NDF

Average harvest

2016-2019 (kgs/no*)

DPIR requested

increase for 2019 in historic harvest

area

DPIR proposed harvest in Gulf area outside of

historic harvest area

Symphyllia recta 40 3.53 80 20

Symphyllia sp 40 5.57 80 20

Symphyllia valenciennesii 40 9.67 80 20

Trachyphyllia geoffroyi 40 2.00 80 20

Tubastrea micranthus 40 4.38 80 20

Tubastrea sp 40 5.31 80 20

Tubipora musica 40 13.03 80 20

Tubipora sp 40 1.62 80 20

Turbinaria bifrons 40 7.78 80 20

Turbinaria peltata 40 22.41 80 20

Turbinaria reniformis 40 4.25 80 20

Turbinaria sp 40 9.67 80 20

*Acropora grouped at genus level due to taxonomical uncertainty.

**Goniopora grouped at genus level due to challenges in identifying species.

***Montipora grouped at genus level due to challenges in identifying species.