43
A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA CONSULTATION DRAFT A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA CONSULTATION DRAFT

A STRATEGIC APPROACH TOTHE MANAGEMENT OF ORNAMENTAL … · a strategic approach tothe management of ornamental fish in australia consultation draft a strategic approach to the management

  • Upload
    others

  • View
    3

  • Download
    0

Embed Size (px)

Citation preview

A STRATEGIC APPROACH TO THE MANAGEMENT OF

ORNAMENTAL FISH

IN AUSTRALIA

C O N S U L T A T I O N D R A F T

A S

TR

AT

EG

IC A

PP

RO

AC

H T

O T

HE

MA

NA

GE

ME

NT

OF

OR

NA

ME

NT

AL

FIS

HIN

AU

ST

RA

LIA

CO

NS

UL

TA

TIO

N D

RA

FT

Marine and Coastal Committee

Natural Resource Management Standing Committee

2005

A STRATEGIC APPROACH TO THE MANAGEMENT OF

ORNAMENTAL FISH

IN AUSTRALIA

C O N S U L T A T I O N D R A F T

Disclaimer

The Commonwealth of Australia acting through the Bureauof Rural Sciences has exercised due care and skill in thepreparation and compilation of the information and dataset out in this publication.

Notwithstanding, the Bureau of Rural Sciences itsemployees and advisers disclaim all liability, includingliability for negligence, for any loss, damage, injury,expense or cost incurred by any person as a result ofaccessing, using or relying upon any of the information ordata set out in this publication to the maximum extentpermitted by law.

© Commonwealth of Australia 2005

ISBN 0 642 47595 4

This work is copyright. Apart from any use as permittedunder the Copyright Act 1968, no part may be reproduced byany process without prior written permission from theCommonwealth. Requests and inquiries concerningreproduction and rights should be addressed to theCommonwealth Copyright Administration, IntellectualProperty Branch, Department of

Communications, Information Technology and the Arts, GPOBox 2154, Canberra ACT 2601 or at www.dcita.gov.au/cca

A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA iii

Public consultation procedure . . . . . . . . . . . . . . . . . . . . iv

Executive summary . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Need for a national approach . . . . . . . . . . . . . . . . . 4Terms of reference . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2 Existing controls . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Importation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Applications to amend the list of permitted imports . . . . . . . . . . . . . . . . . . . . . . . . 6Roles and responsibilities of AQIS and Biosecurity Australia . . . . . . . . . . . . . . . . . . 6

State/Territory regulation . . . . . . . . . . . . . . . . . . . . . 8Risk assessment framework . . . . . . . . . . . . . . . . . . . 10

3 Noxious species . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Live rock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Potential management options . . . . . . . . . . . . . . . . . 13Aquatic plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

4 Proposed regulatory framework . . . . . . . . . . . . . . 15Regulation of pet shops . . . . . . . . . . . . . . . . . . . . . . 16Decision support trees for regulation of the ornamental fish trade and hobby sectors . . . . . . . . . 16

5 Management of ornamental pests and noxious species in Australia . . . . . . . . . . . . . . . . . . 19

6 Communication plan . . . . . . . . . . . . . . . . . . . . . . . . 21

7 Recommendations and next steps . . . . . . . . . . . . . 22Next steps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Appendix 1 Proposed noxious list and grey list species . . . . . . . . . . . . . . . . . . . . . . 24

Proposed noxious fish . . . . . . . . . . . . . . . . . . . . . . . 24Noxious in all jurisdictions . . . . . . . . . . . . . . . . 24Noxious in particular climatic or other conditions . . . . . . . . . . . . . . . . . . . . . . . . . 26

Grey list (species requiring further information/consideration and risk assessment) . . . . . . . . . . . . . 26

Appendix 2 Noxious aquatic plants . . . . . . . . . . . . 29Water plants as weeds of national significance . . . . . 29Water plants with identified establishment potential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Appendix 3 Current regulation of ornamental fish . . . . . . . . . . . . . . . . . . 31

Appendix 4 PIAA accreditation scheme . . . . . . . . . 34

Appendix 5 Ornamental Fish Policy Working Group membership . . . . . . . . 36

Appendix 6 Regional contacts . . . . . . . . . . . . . . . . 37

Abbreviations and acronyms . . . . . . . . . . . . . . . . . . . . 38

Tables

Table 1 Summary of current national, state and territory legislation used for the regulation and control of exotic fish . . . . . . . . . . . . . . 7

Table 2 Indicative information about live rock harvesting in Australia . . . . . . . . . . . . . . . . . 11

Table 3 Options available for management of undesirable species . . . . . . . . . . . . . . . . . 18

Figures

Figure 1 Flow chart of DEH live import process . . . . 5

Figure 2 Classification of activities on the basis of the sale/trade of fish . . . . . . . . . . . . 15

Figure 3 Ornamental fish regulation decision tree . . . . . . . . . . . . . . . . . . . . . . . . 16

C O N T E N T S

iv A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA

The general public, ornamental fish traders, breedersand hobbyists, and other stakeholders are invited toprovide comment on the draft strategy to inform finalcontent of the strategy. The consultation period endson 28 February 2006.

Please note that comments should centre on the majorobjectives and intent of the proposed strategy, ratherthan debating the status of individual fish species andtheir inclusion or exclusion as noxious species. Asstated in the draft strategy, the ‘grey list’ of species isby no means exhaustive and will be subject tothorough review (risk assessment) by a technicalworking group, with major stakeholders beinginvolved in this process. The inclusion of a species onthe grey list does not necessarily mean that it willeventually be declared noxious.

Copies of this document are available from theregional contact persons listed in Appendix 6, or by contacting Richard Tilzey (02 6272 4044 [email protected]). Electronic copies can bedownloaded from http://www.brs.gov.au/ornamental.The regional contact persons can also provide adviceon strategic issues relevant to their state or territory.

Comments should be mailed to:

Richard TilzeyOrnamental Fish Working GroupBureau of Rural SciencesGPO Box 858Canberra, ACT 2601

or emailed to:

[email protected]

P U B L I C C O N S U L T A T I O N

P R O C E D U R E

A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA 1

The ornamental aquarium fish trade in Australia isestimated to be worth approximately $350 millionannually. This figure includes commercial fish-breeding facilities, wholesale traders, retail outlets and the hobby industry.

The trade is complex, with each jurisdiction havingdifferent regulatory frameworks and managementregimes. Translocation of fish across borders occurswith impunity and no-one, apart from some majorwholesale businesses and hobby groups, really knowswhich species are being traded in Australia, or thenumbers of prohibited or noxious fish being bred andtraded in the industry.

Ornamental fish present a significant risk tofreshwater systems in Australia and have the potentialto trigger or contribute to a future major aquaticanimal pest or disease incursion. This document doesnot consider disease risks associated with ornamentalfish, as those risks are subject to separate review byBiosecurity Australia and the National AquaticAnimal Health Committee.

A number of populations of exotic or non-endemicornamental fish species are established in Australia,and these ‘pests’ are seriously impacting onbiodiversity in our freshwater systems. Some marineplants, such as Caulerpa taxifolia (which was tradedin the aquarium industry until recently), can havedevastating effects on marine systems if released, andfuture escapes and aquatic invasions need to be avoided.

Many fish species in the trade are not on the currentnational permitted species lists established under Part13A of the Environment Protection and BiodiversityConservation Act 1999 or covered by quarantineregulations. It may be that such species have beenpermitted under previous statutory arrangements,

but they are no longer on the list and are unlikely tohave been assessed for their potential risk to theenvironment. There is no consistency betweenmechanisms or controls across regulatory agencies todeal with the serious issue of noxious aquatic pests,with the exception of a few species (eg Europeancarp). Past efforts to regulate the ornamental fishindustry have failed, primarily as a result of heavy-handed approaches to regulation, and a lack ofconsultation and failure to engage effectively withindustry stakeholders. The Pet Industry Association ofAustralia (PIAA) has supported this review of theornamental fish trade. The PIAA, in association withstate and territory governments, has committed to theimplementation of this report’s recommendations, toensure that the industry has an economically soundand environmentally sustainable future.

This report contains seven recommendations for thefuture management and regulation of the ornamentalfish trade in Australia (see page 20). The OrnamentalFish Policy Working Group, which researched theindustry and developed the recommendations,recognises that unless there is a consistent, nationalapproach to regulate and manage the industry, the adhoc approach taken to date will continue, with thelikely outcome of further exotic invasions and diseasethreats to Australian fisheries and aquacultureindustries.

The recommendations of the report address the needfor a nationally recognised noxious species list andnew management frameworks for the ornamentalsector as a whole. The report also recognises theimportance of improved communication with all stakeholders through a comprehensivecommunication plan.

E X E C U T I V E S U M M A R Y

2 A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA

Worldwide, the keeping of ornamental fish in aquariais a popular hobby; aquaria are a regular sight inmany homes and in workplaces and other publicspaces. In the United Kingdom, for example, thepopulation of pet fish is estimated to be 140 million,or about two and a half times the human population.In Australia, the total pet fish population is estimatedto be around 12 million (although industry suggeststhat this is a conservative estimate).

In Australia, it is also estimated that between 12%and 14% of the population participate in the aquaristhobby at some level (Patrick 1998). The Australianaquarium industry is relatively small, with totalturnover at the retail level estimated to be about $65million. Approximately 1500 retailers (aquariums andpet shops) across Australia deal in aquarium fish.According to the Pet Industry Association of Australia(PIAA) approximately 60% of aquarium fish aresupplied domestically by local breeders; the other40% are imported. Imports of ornamental fish in2002–03 were estimated to be worth about $3.87million (ABARE 2004).

There is an active but difficult to quantify unregulatedtrade in fish within hobby associations and betweenenthusiasts. Given data for the United Kingdom whichestimates that about 7% of hobbyists keep more than100 fish (over 40% of the total number of pet fishowned) and indications that this trend is global, it isreasonable to assume that there is a significantunregulated and (officially) unrecorded trade in fishbetween hobbyists in Australia. This view is certainlysupported by the anecdotal information available inclub bulletins, magazines and aquarium websites.

With many millions of fish being transported aroundthe globe, many well beyond their natural range,importation of aquarium fish is seen by manycountries as a major potential source of invasivespecies (McDowall 2004). Recent studies (Lintermans2004) suggest that approximately 34 exotic freshwaterspecies have established populations in Australia; thepathway for 22 of these species is thought to havebeen the ornamental fish industry. Given the well-demonstrated difficulties in eradicating species oncethey are established, the sound investment of resourcesrequires a focus on effective management and controlboth of new species coming into Australia and ofthose already known to be circulating in the trade andhobby associations within the country.

C H A P T E R 1

I N T R O D U C T I O N

A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA 3

A number of key challenges have been identified inprogressing a national approach to the management ofornamental fish. The points below are far from all-inclusive, but summarise some of the key issues thathave been raised in recent years:

• Within jurisdictions, a lack of personnel adequatelytrained to identify aquarium species (fish andaquatic plants) is leading to ineffective monitoringof aquarium retailers and hobbyists.

• Listed plants and aquatic organisms (bothprohibited and permitted) need to be revised toclarify the status and actions required for manyspecies already in the country. This informationalso needs to be published and made broadlyavailable to regulators and stakeholders.

• A system is needed that recognises aquariumindustry and large-scale hobby operators who arenot covered by existing state and territory fisheriesregulations. This is not to create unnecessaryregulatory burdens, but rather to:

– facilitate effective and timely dissemination ofinformation to all sectors within the aquariumindustry — information from government aboutmatters affecting the industry has often beenslow to reach it under current arrangements

– improve aquarium dealers’ access to informationabout differing regulations across jurisdictions,including notification of changes to prohibitedspecies lists.

– disseminate information to those dealers andhobbyists who are outside existing formalnetworks (eg professional associations).

• There is a strong informal system of trade amonghobbyists, which is currently unrecorded andunregulated. While formal regulation of this sectormay not be necessary, the capacity to developnetworks for the collection and dissemination ofinformation (particularly about pests and animalhealth issues) is important for future strategicmanagement.

• A concise guide to the variations in regulations andpermitted species between jurisdictions is needed toreduce confusion and abuse of the system.Interstate trade and other cross-border movementof aquarium specimens are currently inadequatelycontrolled.

4 A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA

Inconsistencies between jurisdictions in the regulationof aquarium fish species have meant that many speciesthat have managed to bypass import controlarrangements (ie species smuggled, or legally importedunder previous legislation) can be, and frequently are,openly traded commercially and among hobbyists.Currently, through one avenue or another, any exoticfish species sought is effectively available in Australia.

A recent review (McNee 2002) suggested that over1100 exotic ornamental fish species are in Australia.As the ‘permitted import’ list under Part 13A of theEnvironment Protection and BiodiversityConservation Act 1999 (EPBC Act) currently lists only481 species or genera that have been assessed aspermitted imports, it is clear many species were eitherhere before the Act was passed or have entered thecountry illegally. Uncertainty about these species andhow best to regulate them was one of the drivingfactors in the establishment of a national review of theornamental fish trade.

Need for a national approach

On 13 September 2002, Australian Government andstate/territory fisheries agency representatives metaquarium industry representatives and officers fromEnvironment Australia (now the Department of theEnvironment and Heritage, DEH) and BiosecurityAustralia (BA) in Coffs Harbour, New South Wales toget a better overall picture of the aquarium industryand to find a practical way to deal with the issues ofpests and diseases within the aquarium fish trade.

Key issues arising from this meeting included concerns about:

• the large number of ornamental species in thecountry that are not on the permitted list under the EPBC Act

• the disease and pest status of animals that mayhave entered the country illegally

• inconsistencies between jurisdictions in legislationand policy relating to permitted/noxious species andeffective controls

• the effectiveness of current border controls toprevent illegal imports of species and consequentpotential animal health risks.

These issues were summarised in a report submitted tothe third meeting of the Australian Fisheries ManagersForum (AFMF).

Having reviewed the paper at its fourth meeting, on 14 July 2003, the AFMF agreed to pursue thedevelopment of a national strategic approach onornamental/exotic fish to address these matters. Themeeting also agreed that it should form a nationalpolicy working group to further this aim. Subsequently,the Marine and Coastal Committee of the NaturalResource Management Standing Committee endorsedthis approach at its seventh meeting on 16 July 2003.

The Ornamental Fish Policy Working Group(OFPWG) consists of representatives from state andterritory fisheries agencies, all Australian Governmentagencies with responsibility for ornamental fishimportation and animal health, and representatives of the industry and hobby sectors.

The full membership of the OFPWG is listed inAppendix 5.

A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA 5

Terms of reference

The key objectives for the development of a nationallyagreed approach on aquarium fish addressed in thisplan are:

1. the development of a strategic plan for managementfor ornamental fish1 in Australia

2. the development of a national list of high-risknoxious species

3. the development of a national exempt list (low risk)of species permitted in the ornamental fish trade2

4. a process for assessing the risks3 associated withany species currently in Australia that may not havepreviously been assessed

5. a process for dealing with species already in thecountry deemed to be undesirable, including butnot limited to recall/removal/licensing, monitoring,and surveillance

6. consultation with stakeholder groups on theimplementation of proposed changes.

Notwithstanding that fisheries legislation in mostjurisdictions includes aquatic invertebrates within thedefinition of ‘fish’, the OFPWG made a conscious

decision to focus this strategic plan primarily onfreshwater fish species used in aquaria. Comments onaquatic plants and ‘live rock’ were included becausethey have been identified as significant potential pestissues within the aquarium industry, but they have notbeen reviewed in any detail. A full review of aquaticinvertebrates, such as those occurring on or as liverock, would potentially be as large a task as for fish,but there is little or no background information onsuch species.

Marine species currently make up a small proportionof the trade (~5%). Most of the current permittedimport listings for marine species under the EPBC Actare at the family or genus level, which means that anyclarification of the risk status of specific species in thecountry would be a significant task.

The OFPWG has been cooperating with the NationalIntroduced Marine Pest Coordinating Group, whichhas agreed to consider the outcomes of this process onornamental fish as it applies to its work on thedevelopment of a national approach to introducedmarine pests.

The National Aquatic Animal Health Committee iscurrently considering potential disease transmission risks within the aquarium trade.

1 ‘Ornamental fish’ are defined here to include freshwater and marine invertebrates and vertebrates and ‘living rock’, but not plant species. Note that this reportfocuses primarily on freshwater fish.

2 This refers to low-risk species, within Australia, that may not be on the current permitted import list.

3 Risks include potential risk to biodiversity and the potential for introduction of disease and parasites. Risks to biodiversity also include the introduction ofnative species outside their natural range (non-endemics).

6 A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA

Currently, management and regulation of the ornamentalfish or aquarium trade occurs at two main levels:

• The importation of fish into Australia is controlledat the Australian Government level by theDepartment of the Environment and Heritage(DEH) and by the Department of Agriculture,Fisheries and Forestry (DAFF) through theAustralian Quarantine and Inspection Service (AQIS).

• Domestic breeding, keeping and movement arecontrolled through state and territory legislation.

Importation

Both the EPBC Act and the Quarantine Act 1908regulate the import of live animals and plants intoAustralia. These Acts are administered by the DEHand AQIS, respectively. It is important to note thatapproval from both agencies may be required whenimporting live specimens.

Section 303(EB) of the EPBC Act establishes a list ofspecimens that are approved for live import. If aspecies is not on the list, it cannot be legally importedinto Australia. The list of approved specimens isavailable on the DEH website.4

The list comprises two parts and covers bothunregulated and regulated imports:

• Part 1 is a list of live specimens that do not requirean import permit under the EPBC Act. It may notinclude any specimen listed on the Convention onthe International Trade in Endangered Species ofWild Fauna and Flora (CITES).

• Part 2 is a list of live specimens that require animport permit from DEH under the EPBC Act.Imports of specimens from this part of the list mayalso be subject to certain conditions or restrictions.

Applications to amend the list of permitted imports

If a species intended for live import does not currentlyappear on the list of specimens approved for liveimport, a person may apply to amend the list. A newspecies can be added to the list only after the potentialimpacts of the species on the environment have beenfully assessed to the satisfaction of the Minister for theEnvironment and Heritage.

Details of the procedures for applying to amend thelist of specimens suitable for live import are availableon the DEH website.5

Amending the list may take 6–12 months, dependingon the complexity of the case.

The flow chart in Figure 1 is a simplified diagram ofthe steps involved in submitting an amendment forconsideration. However, the process is currently underreview, so the DEH website should be consulted forthe most up-to-date information.

Roles and responsibilities of AQIS and Biosecurity Australia

All fish import permits are issued in Canberra by theLive Animal Import Section of AQIS. The section isresponsible for assessing and issuing all liveornamental fish permits, providing import protocoladvice to AQIS regional officers and importers, andensuring that all national documented information,including work instructions and training packages, isupdated as required.

AQIS quarantine officers in each region implement theoperational aspects. Their duties involve approval andregistration of quarantine approved premises (QAPs),inspection of documentation and fish at point of entry,

C H A P T E R 2

E X I S T I N G C O N T R O L S

4 http://www.deh.gov.au/biodiversity/trade-use/lists/import/index.html

5 http://www.deh.gov.au/biodiversity/trade-use/lists/import/amend/index.html

A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA 7

F I G U R E 1

Flow chart of DEH live import process

Step 1

Applicant submits an application

form and draft terms of reference

to DEH.

Step 3

Applicant addresses commentreceived and final terms ofreference are agreed by minister.

Step 4

Applicant prepares draft reportaddressing agreed terms ofreference.

Step 6

Applicant addresses stakeholdercomments.

If the minister approves theamendment, Applicant seeks animport permit from DEH toimport species.

A P P L I C A N T

Step 2

DEH publishes draft terms ofreference on DEH website andnotifies stakeholders.

Step 5

DEH publishes draft report on DEHwebsite and notifies stakeholdersand appropriate state and territoryministers. DEH also providesindependent input.

Step 7

When the report is finalised,minister makes a decision onamending the live import list andnotifies applicant.

Step 8

If the minister approves theamendment, DEH tablesinstrument before both Houses ofParliament for 15 sitting days.

D E H / M I N I S T E R

A R E A O F R E S P O N S I B I L I T Y

8 A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA

final inspection of tank records and fish at the QAP,and release of fish from quarantine.

AQIS verifies that the health certificates match theimport permit conditions and have been prepared bythe appropriate certifying authority. The fish arevisually inspected to confirm that they are species on the permitted import lists under the EPBC Act andquarantine regulations.

The fish must be contained in bags of single speciesand must be clearly visible to the inspector. Fish thatappear to be healthy (active, with no obvious signs ofdisease) are directed to a QAP to undergo post-arrivalquarantine. Shipments or consignments of fish that areobviously diseased are rejected and either re-exportedor destroyed at the importer’s expense. Full details ofquarantine requirements for particular species can befound in ICON, the AQIS import conditions database,which is available on the AQIS website.6

Biosecurity Australia (BA) is responsible fordeveloping and reviewing biosecurity policies and, onrequest, provides technical advice to AQIS about theinterpretation of those polices. BA is also responsiblefor assessing the competence of overseas authoritiesand makes recommendations to AQIS about therecognition of those authorities.

An application for the live import of a geneticallymodified fish (which is a genetically modifiedorganism, or GMO) will be referred to the Office ofthe Gene Technology Regulator (OGTR). The OGTRundertakes a risk assessment process (based on theeffect of the genetic modification — not the organismper se — on human health and the environment) andissues a licence if risk is minimal. The importconsignment will still require an AQIS import permitas well. If the OGTR refuses import of a GMO, theDEH and AQIS will defer to that decision. If theGMO is approved for import, it must still undergoAQIS and DEH assessment before import or additionto permitted import lists.

State/Territory regulation

All states and territories have some controls in placeto manage exotic fish in the aquarium trade, usuallywithin the umbrella of fisheries regulation throughfisheries agencies. However, the controls are far fromcomprehensive and are not necessarily tailored to theneeds or concerns of the sector. In most jurisdictions,larger commercial breeders of fish are usually requiredto operate under conditions on an aquaculture licence.

The retail sector, however, does not fall specificallyunder fisheries regulation in most jurisdictions, andretailers would only be covered by industry codes ofpractice if they are members of the PIAA. Membershipof the PIAA is voluntary.

The states and territories generally rely on one or bothof two mechanisms to regulate the aquarium fishtrade: a prohibited species list and a permitted specieslist. Under the former approach, authorities target fishspecies that are recognised as pests (in the broadestsense) and include them on a prohibited (or noxious)species list, usually making the possession of such fishillegal.

Prohibited species lists are generally relatively shortand easy to enforce; however, they do not provide amechanism to prevent trade in species whose pest riskstatus is unknown and which therefore do not appearon the list. Under this arrangement, fish that are noton the EPBC Act permitted import list and are not ona state or territory prohibited list can be owned andtraded easily once they are in the country, as theirlegal status is not specified in any legislation.7 Most ofthe fish that are smuggled into Australia belong to thisgroup, along with species that may have beenimported into the country before the advent ofexisting legislation.

Inconsistency between jurisdictions also compromisesthe efforts of individual jurisdictions to manage risksthrough restricting trade in potentially noxiousspecies. In many cases, a fish that is prohibited in onejurisdiction is freely available in neighbouringjurisdictions and may be moved across bordersrelatively freely by the public.

A further difficulty in controlling smuggling at bordersand enforcing existing prohibitions is the difficulty inidentifying species permitted for import among thewide diversity of the world’s freshwater fish species.The identification of exotic ornamental fish species onsight, particularly at all life stages, is a relativelyspecialised skill not always readily available inregulatory agencies. The permitted import systemrelies heavily on accurate records being provided withimported stock. However, it is suspected thatindividuals seeking to bypass regulations may simplymix cryptic juvenile forms of prohibited speciestogether with legitimate species.

Table 1 summarises state, territory and Australiangovernment regulations relating to the declaration of noxious species and the capacity to recall or seizefish species.

6 http://www.aqis.gov.au/icon32/asp/homecontent.asp

7 Under the EPBC Act, it is an offence to be in possession of an individual specimen that was not legally imported.

A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA 9

T A B L E 1

Summary of current national, state and territory legislation

used for the regulation and control of exotic fish

J U R I S D I C T I O N L E G I S L AT I O N R E S P O N S I B L E C A PA C I T Y C O N T R O L /

A G E N C Y T O D E C L A R E S E I Z U R E O F

N O X I O U S A N I M A L S

S P E C I E S

Australian Nature Conservation Act 1980 Environment ACTCapital Territory Fisheries Act 2000

Pest Plants and Animals Act 2005

New South Wales Stock Diseases Act 1923 Department of Primary Fisheries Management Act 1994a Industries

Northern Territory Fisheries Act 1988 Industry and Fisheriesand Regulations

Queensland Fisheries Act 1994 QDPI&FFisheries Regulations 1995

South Australia Livestock Act 1997 PIRSAFisheries Act 1982

declared under regulation exotic fish

Tasmania Living Marine Resources Act 1995 DPWIEInland Fisheries Act 1995 IFS

controlled spp

Victoria Livestock Disease Control Act 1994 VDPIFisheries Act 1995

Western Australia Exotic Diseases of Animals Act 1993 Department of AgricultureFish Resources Management Act 1994 Department of Fisheries

Commonwealth Fisheries Management Act 1991 AFMAQuarantine Act 1908 AQISEnvironment Protection and DEH species that Biodiversity Conservation threaten Act 1999 biodiversity

a The New South Wales noxious fish list has three categories, ranging from a ban on possession to permission to possess and sell, but with offences relating to release to the environment.

10 A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA

Risk assessment framework

As indicated above, a major concern is the number ofspecies already in Australia that have not beenassessed for their pest or disease potential. The policyarm of AQIS (now Biosecurity Australia) conductedan import risk analysis for ornamental fish (AQIS1999). However, this only covered species on thepermitted import list at the time and therefore did notconsider other species that may already have been inthe country, and being bred and traded.

The DEH’s statutory process for assessing theenvironmental risks associated with live speciesproposed for import into Australia can be timeconsuming. Moreover, many of the unassessed speciesmay currently be bred successfully here, so there islittle need to import fresh stock.

The key to assessing the risks of a given species’establishment in the environment is the identificationof those factors that determine the probability of itssuccessful establishment. Bomford (2003) developed amodel for assessing the risks, in Australia, from theimport and keeping of exotic terrestrial vertebrates.The model was developed following a review of pastintroductions to determine the factors most likely toinfluence successful establishment of a species in thewild. Unfortunately, this report did not consider anyfish species among the vertebrate pests reviewed.

The DEH has recently concluded a consultancy withthe author of this model to develop a risk assessment

model for the establishment of freshwater andestuarine fish (Bomford and Glover 2004). The reviewof the risk assessment model for terrestrial vertebratesfound that the established framework was an effectivetool for measuring risk of establishment (as testedagainst species known to have established, versusthose that have been released but failed to establish).The key factors identified for determiningestablishment risk in exotic fish are:

• number of release events

• climate match

• history of establishing feral populations elsewhere

• size of overseas geographical range

• taxonomic group.

While many other factors are thought to affect theprobability of establishment, the advantage of usingthe factors listed above is that information on most isreadily available in easily accessible sources (egFishbase). This allows relatively quick and effectivescreening of large numbers of species.

DEH representatives on the OFPWG have indicatedthat they plan to adopt this risk assessment model intotheir suite of tools for conducting assessments ofpotential risks of importing exotic live freshwater fishspecies. The OFPWG also recommended that themodel could be used by a technical review groupestablished to review ‘grey listed’ species.

A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA 11

Of the 34 alien fish species that have established feralpopulations in Australian waters, 22 are thought tohave come into the country via the ornamental fishtrade (Lintermans 2004). It is commonly accepted ininvasive species management theory that eradicationof species once they are established is difficult, if notimpossible, and that the most (cost) effectivemanagement is achieved through the prevention andmanagement of introduction and spread.

As noted above, changes to regulations relating topermitted imports and permitted and noxious specieslists across Australia have created significantuncertainty within government and industry andamong hobbyists about the status of many speciesalready here (and, in many cases, still actively tradedin industry and hobby circles). Attempting to removesome of this uncertainty, particularly in the context ofidentifying future potentially invasive species andregulating them accordingly, was one of the keydrivers in the formation of the OFPWG.

One of the terms of reference of the OFPWG was todevelop a nationally agreed list of high-risk noxiousspecies. As shown in Chapter 2, a number of noxiousspecies lists are currently in use across jurisdictions;these range from those containing a few species tocomprehensive lists. When the OFPWG was formed,both Queensland and Victoria were in the process ofreviewing their noxious species listings. Bothjurisdictions agreed to utilise the OFPWG process toprogress their deliberations, with a view to adoptingany nationally agreed noxious species list. The startingpoint for consideration of the nationally agreed listwas a compilation of existing jurisdictional lists,including the species proposed for addition inQueensland and Victoria.

All jurisdictions assessed this list of speciesindependently, and results were compiled to form theagreed list. Uniform criteria for listing were notpredetermined; however, reasons were provided whena species was proposed as noxious, and these followedthe primary criteria by which potential ‘pestiness’ of a

species is determined. These include aggressivebehaviour; piscivorous diet; high fecundity and/orfrequent spawning and long life span (ie effectivereproductive potential); potentially large size; broadhabitat tolerances; and similarity to native species.Meeting one of these criteria alone was not sufficientto qualify a species as noxious; those species proposedfor addition to a national list met many, if not all, ofthe criteria.

The compiled lists (see Appendix 1) are the outcomeof deliberations within the OFPWG and feedbackfrom consultations held with key scientific andindustry stakeholders across jurisdictions. The onlyspecies that have been included in the proposednoxious list are those to which all OFPWG membersagreed. The separation of the list into species noxiousin all jurisdictions and a smaller number of speciesnoxious under certain climatic or other conditionstakes into account the limited chances ofestablishment of the species in the smaller section ifreleased in non-optimal regions.

Where there was not unanimous agreement on thestatus of a species, it was added to what is describedin this report as the ‘grey’ list. Species on the grey listrequire further scientific review and investigation todetermine whether they should be added to, orexempted from, a national noxious species list in thefuture.

It should be noted that the species currently on thegrey list are those that were being considered byjurisdictions for possible addition to their ownnoxious species lists.

Recent reviews of ornamental species thought to be inthe country (McNee 2002) list many species that arenot on the current permitted import lists and that donot appear on either of the proposed lists. Potentially,these species should be added to the grey list (alongwith any other species that subsequently come to lightin the trade or hobby sectors) for further review andclarification of their status.

C H A P T E R 3

N O X I O U S S P E C I E S

12 A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA

Any species proposed for addition to the live importlist under the EPBC Act would still be required to beassessed for potential environmental risk, consistentwith the requirements of that legislation.

Proposed action

Subject to the endorsement of the proposed nationalnoxious species list by the Natural ResourceManagement Standing Committee, there will need tobe a process to gather information and assess thestatus of species on the grey list. This is a nationalpriority if management and control of ornamental fishacross Australia is to be successful.

The OFPWG has proposed that a scientific/technicalworking group be established, drawing relevantexpertise from around the country (academia,museums, government, industry and private sector) toconduct assessments of these species. The proposal isthat grey list species could be put through the riskassessment framework outlined in Chapter 2, with thescientific/technical working group providinginformation on species (although detailed informationwill be limited for many species) and ultimatelydeciding the status of species guided by the outcomeof the risk assessments. It is critical that the PIAA andrepresentatives of the hobby sector are directlyinvolved in this process, or acceptance of the processand the outcome by the wider ornamentalfish/aquarium trade will be unlikely.

Those species that have been through the assessmentprocess and are not considered for addition to thenational noxious species list would then constitute agroup of low-risk species known to be in the trade orhobby sectors. It would then be up to individuals orindustry, should they so desire, to have the speciesassessed by the DEH and BA for addition to thepermitted import list.

Because the DEH has indicated that it plans to use therisk assessment framework outlined in Chapter 2 asone of its tools for future live import determinations,there is a reasonable expectation that the assessmentsconducted through the scientific/technical workinggroup could be utilised in future DEH assessments,thereby potentially reducing the timeframe for the liveimport assessment process. If, however, a species isfound to fall outside the scope of the existingBA–AQIS ornamental fish risk assessment (AQIS1999), the species would also need to undergo riskassessment by BA.

The OFPWG was also tasked with investigating otherpotential risks in the aquarium trade, including liverock and aquarium plants. Details of the group’sconsiderations of those matters are provided below.

Live rock

‘Live rock’ is material considered to include live coral,live sand and coral rubble. According to Oz ReefMarine Park (1997) and Fossa and Neilsen (1997),coral rock is colonised and burrowed through byvarious organisms, such as:

• bacteria

• unicellular animals (Protozoa)

• sponges (Porifera)

• cnidarians (soft and hard corals)

• flatworms (Platyhelminthes)

• threadworms (Nematoda)

• ringed worms, annelids (Annelida)

• peanut worms (Sipunculida)

• crustaceans (crabs, shrimps, other Crustacea)

• sea spiders (Pycnogonida)

• molluscs (clams, nudibranchs, snails, chitons, otherMollusca)

• bryozoans (Bryozoa)

• entoprocts (Entoprocta)

• echinoderms (starfish, brittle stars, otherEchinodermata)

• ascidians or sea squirts (Ascidiacea)

• algae (including coralline, micro and macro algae).

The use of live rock in marine aquaria is considered anatural method of filtration to remove the pollutioncaused when uneaten food, excreta and other alienmatter breaks down into nitrogen gas and formsnitrates (Hargreaves 1978).

Because of the costs of collection, protectivepackaging and shipping, live rock is an expensive wayof cycling the tank, compared with other methodssuch as adding ammonia directly to the tank or usingmechanical filters. Only the more enthusiastic anddedicated aquarists maintain marine aquaria, but liverock use is considered to be increasing in Australia.

Information provided by the various state andterritory fisheries agencies (Table 2) indicates thatmost live rock and coral collected in Australiaoriginates from Queensland reefs. Smaller amountsare harvested from reefs in Western Australia and theNorthern Territory.

A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA 13

T A B L E 2

Indicative information about live rock harvesting in Australia

S TAT E / E S T I M AT E D N U M B E R O F C O L L E C T I O N L O C AT I O N

T E R R I T O R Y A N N U A L L I C E N C E S / P E R M I T S L O C AT I O N O F S A L E

H A R V E S T O F ( I N D I C AT I V E

L I V E R O C K ( K G ) O N LY )

Queensland 10,000 – 20,000 Live coral and rock — 60 Mostly Cairns/ Qld, NSW, Vic.(22 in Great Barrier Reef Townsville and Marine Park) Mackay

Western 1500–3000 Live rock — 3 Majority around WA, NSWAustralia Live coral — 5 Exmouth – Port Headland

Live sand — 0 (may also be Some also slightly north collected under live rock of Shark Bay and around endorsement) Perth

Northern Territory 100–300 Aquarium collection — 12 Gove and Darwin regions Vic., SA, WAHarvest of coral (incl. live rock) — 3

The risks of introducing exotic species and diseasesthrough the movement of live rock have yet to bequantified. As most live rock originates in tropicalwaters and is destined for markets in temperateAustralia, the tropical species in and on the rockwould be unlikely to establish viable populations intemperate southern waters. If an exotic pest or diseaseestablishes in an area of Australia from which liverock is sourced, the potential for translocation arises ifthe pest is not detected and contained, or if there is noprocess for tracking live rock from the point ofcollection to its final destination.

It is illegal under the EPBC Act to import species fromoverseas into any part of Australia, other than thosespecies listed as approved for importation (this isenforced by AQIS and the Australian CustomsService). As some live rock potentially carries a widearray of unknown species, it is not a permissible import;this restriction must be continued, unless a thoroughrisk assessment suggests otherwise. It is not knownwhether an illegal ‘black trade’ in imported live rockexists, and this possibility cannot be ruled out.

Potential management options

Management options to address marine pest risksfrom live rock should be developed in conjunctionwith the National Introduced Marine PestsCoordination Group. Although the risks of the spreadof marine pests through the trade in live rock andassociated aquarium products are likely to be minor incomparison with risks from other activities (eg thetrade in species with identified pest potential), severalpotential management options could be considered:

• Improved education of public and industry aboutthe risk of dumping unwanted fish where theycould end up in waterways, and the risk ofmicroscopic organisms/spores from live rockentering waterways when tanks are cleaned.

• Improved monitoring of and information sharingon the distribution of marine pests.

• Increased regulation of the trade in live rock withinAustralia. This could involve tracing the movementof live rock between states and territories, possiblythrough a permitting/licensing process. Theprospect of effective control/compliance of illegalimports would also have to be considered.

14 A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA

• Certifying cultured products, which could involveenhancement of artificial culturing of live rock (seeBox 1). The rock to be seeded would also need tobe collected locally, taken from the terrestrialenvironment or artificially created. There wouldneed to be ways of sanitising the rock or certifyingwhat would grow when the rock is introduced to a tank.

A descriptive paper on live rock in Australia wasprepared for the OFPWG and is held at the Bureau ofRural Sciences, Canberra.

B O X 1

Culture of live rock in the United States

Due to the large amounts of coral rock beingexported from the Florida Keys in the early 1990s,Florida banned the harvest of live rock from itswaters in 1997. As a result, marine ornamentalcompanies in the United States started to developaquaculture for live rock. To ‘create’ live rock,ordinary dry rock is placed in the ocean andharvested one to several years later.

Live rock can be purchased either ‘cured’ or‘uncured’. On collection from the ocean, the rocksharbour a large variety of sea life, some of which(such as certain species of anemones and mantisshrimp) are common pests on live rock. ‘Uncured’rock is rock that has been collected and directlyexported. ‘Cured’ rock, on the other hand, is materialthat has been placed under a fine spray of highlysaline water for several hours or days before export.The objective is to keep the coralline algae alive but kill and wash out less hardy, unwantedorganisms, which would foul the tank water.

Aquatic plants

The OFPWG also considered the issue of knownnoxious weeds being traded within the aquariumindustry. Problems arising from ornamental aquaticplants are well documented, particularly through thework of the Cooperative Research Centre forAustralian Weed Management (the Weeds CRC) andstate and territory agencies.

Good summaries of nationally noxious aquatic plantsand those that are considered problems in particularjurisdictions can be found at the websites of the NewSouth Wales Department of Land and WaterConservation8 and the National Weeds Strategy.9

A list of key noxious plant species is provided inAppendix 2 of this report.

A limited survey of plants for sale in the aquariumindustry (including those sold as pond plants foroutdoor use) indicated the availability of about adozen species listed as weeds, either nationally or inone or more jurisdictions. The OFPWG acknowledgedthat it did not have extensive expertise in waterplants, but recognised the need to establish nationallinkages between groups currently working onnoxious aquatic plants (such as the Weeds CRC) andto encourage a review of ornamental aquatic plants.Further, fisheries agencies and their enforcementofficers need to develop the capacity (training, fieldguides, etc) to recognise noxious plant species that they may encounter in dealings with theaquarium industry.

8 http://www.dlwc.nsw.gov.au/care/wetlands/facts/paa/weeds

9 http://www.weeds.org.au/

A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA 15

The breeding and sale of ornamental fish is beingcontrolled and regulated in a number of differentways by the various jurisdictions, ranging frominternal policy arrangements through to legislativearrangements. Currently, there is no consistency ofapproach across Australia, which creates uncertaintyamong both industry and the general public about themovement and sale of fish between states andterritories. Existing regulations specific to theornamental fish industry across jurisdictions aresummarised in Appendix 3.

One major issue is that the largest sector in theindustry is the hobbyist or enthusiast group. Thepolicy or regulatory boundary between a ‘hobby’ anda ‘commercial activity’ is blurred and open to variousinterpretations. Currently, there is no clear directionfrom the jurisdictions on this matter. However, it isimportant to recognise that this strategy is primarilyfocused on large-scale operators who are breedinglarge numbers of fish, not the local hobbyist with asmall number of fish in a tank in their home.

In some jurisdictions, there is friction between licensedcommercial aquaculture operators and ‘backyard’breeders. In general, the main complaint from licensedaquaculture operators is that they are required toobtain development consents from local government,pay licence or permit fees to state regulatory bodies,and pay appropriate taxes. The backyard breeder orhobbyist might not obtain such approvals, nor paysuch charges. This results in tough competition in theornamental fish market, allows ‘noxious’ fish to befreely traded without much chance of detection, andcreates an obvious pest and disease risk.

B O X 2

When is a hobby a business?

The courts have provided some guidelines to helpdetermine whether an activity is a business or ahobby, but there are no hard and fast rules. TheAustralian Taxation Office looks at all thecircumstances of a case in determining whether abusiness exists. Guidelines adopted by the courtsinclude the following:

• Does the activity have a significant commercialpurpose or character?

• Does the person have more than just an intentionto engage in business?

• Does the person have a purpose of profit as well asa prospect of profit?

• Is there repetition and regularity to the activity?

• Is the activity of the same kind and carried on in asimilar manner to businesses in that industry?

• Is the activity planned, organised and carried on ina businesslike manner?

• What are the size, scale and permanency of theactivity?

• Is the activity better described as a hobby,recreation or sporting activity?

The reasons for seeking to regulate the ornamentalfish trade in Australia include:

• to provide a communication capability (distributionlists) to industry breeders and stakeholders forcurrent information and educational materials onmanagement issues

• to provide an avenue through which to monitorand control disease (including point-of-importrecords to determine possible trends or to giveadvance warning of potential disease problems withoffshore suppliers)

C H A P T E R 4

P R O P O S E D R E G U L A T O R Y

F R A M E W O R K

16 A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA

• to ensure that all appropriate local and stategovernment regulatory requirements are being met(publicity about poor adherence to regulatoryrequirements by a licensed operator may also reflectbadly on other licensed operators)

• to confirm the status of species being traded

• to address the minority of illegal operators

• to reduce or eliminate smuggling distribution pointsfor noxious fish or endangered species.

In most jurisdictions, the keeping and/or trading ofpets is controlled by various means, which mayinclude:

• restrictions on numbers that may be kept byindividuals in urban areas, and licensingarrangements for those wishing to keep more thanthe permitted numbers (eg breeding kennels orpoultry breeders)

• licensing arrangements for the keeping of nativefauna

• licensing arrangements for the keeping of exoticanimals

• licensing arrangements for the keeping of noxiousor pest species.

Therefore, the precedent of regulating hobbyists isalready in place for non-aquatic animals, andregulation of the aquarium fish trade may fit in withother pet industry sectors. That said, the regulationapplied at this level is usually low cost and maysimply be a one-off or annual permit, or even avoluntary registration through some form of onlinesystem. Registration would assist with compliance,disease control and communication programs.

The aim of regulation at this level is not to raiserevenue or to apply ‘zero tolerance’, but to establishnetworks through which information can be gatheredand distributed for better long-term management (egdisease or pest notifications, changes to regulation,permitted/prohibited species).

Similarly, the classification of large-scale breedingactivity in the hobby sector as aquaculture under stateregulations is not an attempt to leverage licence feesfrom non-commercial operations, but rather to ensureconsistency of accountability and traceability ofproduct across all large-scale producers for thepurposes of future management. In some jurisdictions,this may require minor regulatory changes torecognise different classes of aquaculturalists forlicensing/levy purposes.

Regulation of pet shops

Pet shops in most jurisdictions are not required to belicensed or registered by fisheries agencies, and mayonly require licensing by local government or thejurisdiction’s environmental protection agency if theydispose of wastewater to the sewerage system or theenvironment.

The Pet Industry Association of Australia hasdeveloped a voluntary code of practice for itsmembers. The association is also working towards anaccreditation scheme whereby member operatorswould have the option of going through a series oftraining programs to achieve accredited operatingstandards and also submit to an auditing regime toensure that standards are being maintained. Whilethese schemes would only apply to member premises,if accreditation programs are successful in improvingstandards of operation, it is hoped that commercialpressure would mean that accreditation will havesignificant financial benefit and there will be anincentive to pursue it. Details of the code of practiceand accreditation scheme are in Appendix 4.

Decision support trees for regulation of theornamental fish trade and hobby sectors

The decision trees in Figures 2 and 3 have beendeveloped to help jurisdictions consistently classifyoperations into particular sectors of the ornamentalfish industry. They do not provide prescriptiveregulatory frameworks because, in many cases,control may fall outside formal regulatoryframeworks. Instead, they require individualjurisdictions to examine their existing regulatoryframeworks and amend them as necessary to providea consistent framework across Australia.

The decision trees provide regulators, those in theornamental fish industry and hobby sector, and thegeneral public with simple pathways for determininghow a particular activity should be classified. Workingthrough the first tree, for example, it is obvious that aperson trading the odd fish with fellow hobbyists orat a local fete is not running an ornamental fishbusiness. Similarly, following that line through thesecond tree, it is clear that regulatory agencies wouldonly be interested in the activities of that person ifthey were keeping and/or breeding particular species(either noxious or determined to be of special interestafter the assessment process), or to provide the personwith general information of interest (newpermitted/prohibited species, known disease or pestissues, etc).

The note at the bottom of the second tree isimportant. There have been concerns that, under thisdecision framework, large hobby operations could fallwithin the water volume criteria to be considered for astate or territory aquaculture permit. Most concernstems from the costs associated with the permit systemin some jurisdictions. During discussions withjurisdictional aquaculture regulators, it was recognisedthat this is a minor issue that can be clarified by theintroduction (in regulations) of a tiered permit systemin those jurisdictions without such a system. Thetiered permit system would create a minor registrationpermit, possibly based on additional criteria such as‘qualifying as operating a business’ (see Box 2).

A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA 17

FI

GU

RE

2

Cla

ss

ific

ati

on

of

ac

tiv

itie

s o

n t

he

ba

sis

of

the

sa

le/t

ra

de

of

fis

h

YE

SN

O

Re

gis

tere

d b

usin

ess

(AB

N e

tc)

Ba

rte

r/tr

ad

e

YE

SY

ES

NO

NO

Se

ll o

nly

to

tra

de

Ad

vert

ise

Ho

bb

yP

ets

Co

nsid

ere

d a

sre

tail

op

era

tio

ns

for

pu

rpo

se

of

reg

ula

tio

n

Ho

bb

yR

eta

ilG

row

er/

aq

ua

cu

ltu

rew

ho

lesa

ler

imp

ort

er

SE

LL

F

OR

P

RO

FI

T

YE

SN

OY

ES

NO

YE

SN

O

Pla

nn

ing

/en

viro

nm

en

tal/

co

un

cil

ap

pro

vals

fo

r fa

cil

ity

YE

SN

O

Is f

ish

bre

ed

ing

acti

vely

ta

kin

g p

lace

?

EX

IS

TIN

G A

QU

AC

UL

TU

RE

P

ER

MIT

(

FIS

HE

RIE

S)

F

OR

F

AC

IL

IT

IE

S

Sa

le t

o p

ub

lic?

Bre

ed

fo

r sa

le

Asso

cia

tio

nm

em

be

rsh

ip

Re

tail

Ind

ustr

ya

ccre

dit

ati

on

pro

gra

m

Pe

ts

Info

dis

trib

ute

dth

rou

gh

re

tail

ers

wit

h s

ale

Re

gis

tra

tio

nw

ith

sta

te c

od

eo

f p

racti

ce

Wh

ole

sa

le

Ma

y co

nsid

er

sta

te a

qu

acu

ltu

re p

erm

ita

Ho

bb

y

Ma

y re

qu

ire

re

gis

tra

tio

n f

or

ce

rta

in s

pp

Imp

ort

AQ

IS c

ert

ific

ati

on

fo

r q

ua

ran

tin

ea

pp

rove

d f

acil

itie

s

Pu

bli

c a

qu

ari

a

Co

mp

ly w

ith

ap

pro

pri

ate

sta

te r

eg

ula

tio

ns

YE

SN

O

Vo

lum

e o

f w

ate

r>

10

00

0 l

itre

s

YE

SN

O

Ho

bb

y

Ma

y re

qu

ire

reg

istr

ati

on

fo

rce

rta

in s

pp

Ap

pli

ca

ble

sta

te a

qu

acu

ltu

rep

erm

ita

YE

SN

O

YE

SN

O

YE

SN

O

18 A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA

FI

GU

RE

3

Or

na

me

nta

l fi

sh

re

gu

lati

on

de

cis

ion

tr

ee

a‘A

pplic

able

sta

te a

quac

ultu

re p

erm

it’ r

efer

s to

the

reg

ulat

ory

fram

ewor

k op

erat

ing

wit

hin

a ju

risd

icti

on.

In m

any

juri

sdic

tion

s th

ere

is a

tie

red

syst

em w

here

by f

ull r

egul

atio

n w

ould

onl

y be

app

lied

to la

rge

com

mer

cial

ope

rato

rs w

hile

sm

alle

r op

erat

ions

mig

ht o

nly

be r

egis

tere

d (f

or a

min

imal

fee

).

A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA 19

In developing a regulatory framework for ornamentalfish, it is important to recognise the diversity ofplayers involved, including aquaculturalists, breeders,wholesalers, importers, retailers, and hobbyists andenthusiasts. To date, discussions on regulation havefocused on the need to improve knowledge of thespecies of fish available, and of when and where theyare being traded.

With the development of a new national noxious specieslist to supplement import lists, there will also be aneed to create clarity and certainty about those speciesthat can be possessed and traded, particularly for speciesconsidered noxious that are already in the country.

The decision trees in Figures 2 and 3 are an attempt todevelop pathways to:

• classify an operation type on the basis of sales of ortrade in fish

• determine the level of regulation that should beapplied in different situations.

The next stage of regulation of aquarium species is thedevelopment of a process for dealing with thosespecies that it is determined should be removed orcontrolled. Table 3 is a summary of options derivedfrom discussions by the OFPWG.

It will be necessary to develop an agreed set ofdecision rules that can be incorporated into theregulatory framework to support existing regulatoryarrangements within jurisdictions. Where there is noexisting framework, these decision rules may form thebasis of new regulation.

This strategic planning document sets out aframework for future management of ornamental fish.For most issues, implementation will mainly occurwithin individual jurisdictions. Assuming that national

agreement is reached on national noxious species listsand guidelines such as those outlined in the tablebelow, regulation should have much in commonacross jurisdictions.

The next stage in the process would be theestablishment of an implementation plan to guide theadoption of the nationally agreed approaches outlinedin this strategy and to address cross-jurisdictionalissues, such as translocation and movement andregulatory or licensing requirements for such actions.Nationally agreed guidelines for the translocation oflive aquatic organisms already exist (MCFFA 1999);there are also existing regulatory frameworks for themovement of other live animal species acrossAustralian jurisdictions, and these may well guide thedevelopment of such arrangements for exotic fish.Regulations controlling movements shouldcomplement the national translocation policy.

An implementation plan would also need to finaliseappropriate reporting arrangements to review progresson the implementation of agreed actions within thestrategic plan. Much of the on-ground implementationwill fall to jurisdictional fisheries agencies. However,because of the close links between this work andcurrent work on marine pests and aquatic diseaserisks, it will be important to ensure that longer termarrangements maintain those linkages. Marine speciesrepresent only a small proportion of the totalaquarium trade, but some species that may beimported or translocated could have a significantimpact on Australia’s marine environment if released.Actions involving ornamental marine species shouldbe developed in conjunction with the NationalIntroduced Marine Pests Coordination Group toensure that they are integrated into the NationalSystem for the Prevention and Management of Marine

C H A P T E R 5

M A N A G E M E N T O F O R N A M E N T A L

P E S T S A N D N O X I O U S S P E C I E S

I N A U S T R A L I A

20 A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA

Pest Incursions. This system should develop a noxiousornamental marine species list, assess risks from thetranslocation of live rock, and improve theinformation available on marine species that are ormight be traded in Australia. Communicationsactivities should be developed to ensure consistencywith the National System and to take advantage ofestablished networks in the aquarium industry.

Options available for management of undesirablespecies fall into three categories, as shown in Table 3:

• nationally agreed noxious species

• jurisdiction-specific noxious species

• high-value species or those listed by the Conventionon International Trade in Endangered Species(CITES) or the International Union for Conservationof Nature and Natural Resources (IUCN).

T A B L E 3

Options available for management of undesirable species

A C T I O N S S P E C I E S S T A T U S

N A T I O N A L J U R I S D I C T I O N - C I T E S C O M M E N T S

N O X I O U S S P E C I F I C I U C NN O X I O U S R A R E

Education/awareness Y Y Y Preparation and distribution of consistent information

Amnesty Y N N First option for noxious species removal after agreement of noxious species list

Buyback Y N N Alternative option for more valuable species or added incentive

Permit Ya N Yc Used for CITES, display (public Registration N Y Yc aquaria, etc), research and high-value

species already in the countrya

Ban Y N Yc Second-tier consideration; would need a well-developed enforcement plan (national agreement)

Sterilise Yb N N Limited situations (linked to Microchip Yb N Y permits above)

No sale Y N Y Always. Would also be listed as No translocation Y N Y permit conditions. (Breeding may be No breeding Y N N permissible in research situations

with conditions on permit re handling)

Report existence Y Y Y Mandatory requirement

CITES = Convention on International Trade in Endangered Species; IUCN = International Union for Conservation of Nature and Natural Resourcesa limited to life of animal in high-value/cultural significance cases only.b mandatory conditions in restricted permitting situationsc regulations exist

A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA 21

An essential part of any strategic plan is a clearindication of the tools by which the plan’s messagescan be communicated to a range of audiences. Thekeys to successful communication are to identify themessages and the target audiences and to ensure thatthe messages are appropriately constructed for theaudiences. Similarly, a range of communication toolsare available, and it is important to choose themedium that will most effectively get the message tothe audience. Where possible, the communication planshould link with associated communication strategies.

For the ornamental fish strategy, the target audiencecan be broadly divided into the general public and theindustry sector. Hobbyists probably fall within bothaudiences (depending on the scale of their operation)and will therefore need access to the full range ofinformation.

A communication strategy is absolutely essential tominimise misinformation and produce communityunderstanding and awareness about the potentialthreat of ornamental fish and plants to ourenvironment. Better communication between industryand regulators about the status of species and theprovision of timely updates on changes in regulatoryarrangements will be key factors in improving hobbyand trade practices.

The key message for community education is that‘ornamental fish are wonderful pets, but they shouldnever be released into natural waterways’. The aim isto develop a range of material identifying noxiousspecies, and giving tips about what to do withunwanted fish and what the individual can do toprevent spread of a pest species. Basic informationbrochures would be made available through aquariumretail outlets; industry representatives have indicatedthat they will cooperate by making this informationavailable to new fish purchasers. Relevant material is already well developed in some jurisdictions

(eg Queensland’s Ornamental Fish Can BecomeMonumental Pests); other jurisdictions can benefitfrom the exchange of ideas and the development work that has already been done.

The main objective of developing a communicationplan is to develop communications material that canbe utilised by all Australian jurisdictions, therebyreducing the cost and effort for each jurisdiction whileensuring a consistent message across the country. Thiscan be achieved by:

• development and delivery of training packages forfisheries compliance staff to ensure that they canidentify particular ornamental species andunderstand the risks from those species

• production of general educational materials (flyersor posters that can be distributed through retailoutlets) on the risk posed by ornamental fish tomarine and freshwater ecosystems and, importantly,what to do if fish are no longer wanted

• production of information sheets (fishfacts/notes/brochures) on species or groups ofspecies of particular significance that haveestablished feral populations, providing detailedinformation for the community on the impacts of those populations and details of control oreradication programs

• further development of a cooperative workingrelationship with the aquarium industry,particularly via a joint ‘Don’t dump your aquariumfish’ campaign

• development of networks between regulators,industry and major hobby groups to ensure thatinformation on regulatory changes gets to thegroups that need it, and also to provide for input tothe regulatory process by these stakeholders.

A communication strategy will be finalised as part of the implementation plan.

C H A P T E R 6

C O M M U N I C A T I O N P L A N

22 A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA

The strategic plan recommends the following actionsto manage ornamental fish in Australia.

1. Agree on and adopt a national noxious species listacross all jurisdictions, noting links to existing listsand lists under development for marine pest species.

2. Agree to review the status of fish on the ‘grey list’.

3. Establish a technical working group reporting tothe Natural Resource Management StandingCommittee (through the Marine and CoastalCommittee), to conduct assessments of fish on thegrey list over the next 2–3 years.

4. Adopt a regulatory framework and licensing tomanage large fish-breeders and ornamental fishimporters in each state and territory.

5. Agree on control mechanisms for noxious fish andrare fish (eg CITES listed) already in circulation inAustralia, again noting links to control plans formarine pests of concern.

6. Request that an appropriate authority (for example,the Weeds CRC) conduct a rigorous review ofaquatic plants used in the ornamental fish trade, inorder to control and regulate the spread of anumber of recognised aquatic pest species.

7. Implement a national communication strategy toraise awareness in the community and industryabout the management, control and regulation ofornamental fish and invertebrates.

Next steps

If the Natural Resource Management StandingCommittee supports the above recommendations,development of an implementation plan will berequired. The plan needs to address the need for aprocess of consultation with stakeholders, including:

• national education on the new noxious species listand the new regulatory and managementarrangements (government and industry tocommunicate through agencies and customers);

• implementation of new regulatory arrangements byeach jurisdiction;

• agreement on management and fundingmechanisms to deal with noxious fish being tradedand kept in the community.

A draft communication plan will form a frameworkfor delivery of many of these objectives.

The Marine and Coastal Committee will also need toconsider the outcomes of the review by the AquaticAnimal Health Committee of disease risks associatedwith ornamental fish when that review is finalised,and any implications the review may have for futuremanagement actions for the ornamental fish sector.

C H A P T E R 7

R E C O M M E N D A T I O N S

A N D N E X T S T E P S

A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA 23

ABARE (Australian Bureau of Agricultural andResource Economics) (2004). Australian FisheriesStatistics 2003. ABARE, Canberra.

AQIS (Australian Quarantine and Inspection Service)(1999). Import Risk Analysis on Live OrnamentalFinfish. Commonwealth of Australia, Canberra.

Bomford M (2003). Risk Assessment for the Importand Keeping of Exotic Vertebrates in Australia.Bureau of Rural Sciences, Canberra.

Bomford M and Glover J (2004). Risk assessmentmodel for the import and keeping of exoticfreshwater and estuarine finfish. Unpublishedreport to the Department of the Environment andHeritage. Bureau of Rural Sciences, Canberra.

Fossa SA and Neilsen AJ (1997). The Modern CoralReef Aquarium, Volume 1. Ricordea Publishing.

Hargreaves VB (1978). The Tropical MarineAquarium. AW and AH Reed, New York.

Lintermans M (2004). Human-assisted dispersal ofalien freshwater fish in Australia. New ZealandJournal of Marine and Freshwater Research38:481–501.

McDowall RM (2004). Shoot first, and then askquestions: a look at aquarium fish imports andinvasiveness in New Zealand. New Zealand Journalof Marine and Freshwater Research. 38:503–510.

MCFFA (Ministerial Council on Forestry, Fisheriesand Aquaculture) (1999). National Policy for theTranslocation of Live Aquatic Organisms: Issues,Principles and Guidelines for Implementation.Department of Agriculture, Fisheries and Forestry,Canberra.

McNee A (2002). A national approach to themanagement of exotic fish species in the aquariumtrade: an inventory of exotic freshwater species.Report to the Fisheries Resources Research Fund.Bureau of Rural Sciences, Canberra.

Oz Reef Marine Park (1997). Live rock.http://ozreef.org/reference/live_rock.html

Patrick J (1998). Aquarium fish culture. In:Proceedings of the Queensland WarmwaterAquaculture Conference (Status and Potential).Aquaculture Information Technologies, Taroom,Queensland.

R E F E R E N C E S

24 A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA

P R O P O S E D N O X I O U S F I S H

Noxious in all jurisdictions

F A M I L Y S P E C I F I C N A M E C O M M O N N A M E

Acestrorhynchidae Acestrorhynchus microlepis

Alestiidae Hydrocynus spp Pike characinHydrocynus goliath Giant tigerfish

Amiidae Amia calva Bowfin

Anabantidae Anabas testudineus Climbing perch

Bagridae Anaspidoglanis macrostoma Flatnose catfishBagrus ubangensis Ubangi shovelnose catfish

Centrarchidae — entire family Banded or spotted sunfish, largemouth bass, bluegill

Centropomidae Centropomus (12 spp) SnooksLates microlepis Forktail latesLates niloticus Nile perch

Channidae Channa spp Snake head

Chacidae Chaca chaca Angler, frogmouth and squarehead catfishes

Characidae Colossoma sppSerrasalmus spp Redeye piranhaPygocentrus spp Red piranha

Cichlidae Boulengerochromis microlepis Giant cichlid, yellow belly cichlid Oreochromis spp TilapiaSargochromis spp Pink, slender, greenwoods, mortimers,

cunean and green happySarotherodon sppMelanotheron melanotheron Blackchin tilapiaSerranochromis sppTilapia spp. All except T. buttikoferi Redbelly tilapia

Citharinidae entire subfamily Ichthyborinae African pike-characin, tubenose poacher, fin eaters

A P P E N D I X 1

P R O P O S E D N O X I O U S L I S T

A N D G R E Y L I S T S P E C I E S

A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA 25

F A M I L Y S P E C I F I C N A M E C O M M O N N A M E

Clariidae Clarias spp Walking catfish

Cobitidae Misgurnus anguillicaudatus Weatherloach

Cyprinidae Aristichthys nobilis Bighead carpBarbodes hexagonolepis Copper mahseerCatla catla CatlaCatlocarpio siamensis Giant barbCirrhinus cirrhosus MrigalCtenopharyngodon idella Grass carpCyprinus carpio CarpLabeo calabasu and L. rohita Orange fin labeo, rohu.Zacco platypus Freshwater minnowHypophthalmichthys molitrix Silver carpTor spp (17) River carp, Deccan, high backed, jungha,

putitor, Thai mahseer

Doradidae Oxydoras spp(4) Ripsaw catfish, black doras, black shielded catfish

Elassomatidae Elassoma spp Pygmy sunfish

Eleotridae Oxyeleotris marmorata Marble goby

Erythrinidae Erythrinus spp TrahirasHoplerythrinus sppHoplias spp

Esocidae Esox spp Pikes

Gasterosteidae Pungitius pungitius Ninespine stickleback

Gobiidae Acanthogobius flavimanus Yellow fin gobyTridentiger trigonocephalus Chameleon goby, striped goby

Gymnarchidae Gymnarchus niloticus Aba aba

Gymnotidae Electrophorus electricus Electric eel

Hepsetidae Hepsetus odoe African pike

Heteropneustidae Heteropneustes fossilis Stinging catfish

Lepisosteidae Atractosteus (3 spp) American, armoured orLepisiosteus (4 spp) alligator gars

Malapteruridae Malapterurus spp Electric catfish

Mormyridae Mormyrops anguilloides Bottlenose, Cornish jack

Poeciliidae Belonesox belizanus Pike minnow, pike killifishGambusia spp Mosquito fish

Protopteridae Protopterus annectens African lungfish

Schilbeidae Schilbe mystus African butter catfish

Siluridae Silurus spp European catfish, wels catfish

Trichomycteridae Paravandelia oxyptera Parasitic catfish

Valenciidae Valencia hispanica Valencia toothcarp

Cambaridae Procambarus clarkii Red swamp crayfish

26 A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA

P R O P O S E D N O X I O U S F I S H

Noxious in particular climatic or other conditions

F A M I L Y S P E C I F I C N A M E C O M M O N N A M E

Cichlidae Hemichromis fasciatus Banded jewelfish

Cyprinidae Notropis spp ShinersPhoxinus erythrogaster Southern redbelly dace

Gasterosteidae Apeltes quadracus Four spined sticklebackCulaea inconstans

Polyodontidae Polyodon spathula Mississippi paddlefishPsephurus gladius Chinese swordfish

G R E Y L I S T

(species requiring further information/consideration and risk assessment)

Note: This list is by no means exhaustive and should not be taken as definitive. A technical working group will be adding to the list as it assesses and reviews the species currently in Australia.

F A M I L Y S P E C I F I C N A M E C O M M O N N A M E

Acipenseridae Acipenser spp Sturgeons

Anabantidae — entire family Ctenopoma (21 spp)Ctenopoma ansorgiCtenopoma argentoventerCtenopoma nanumAnabas (2 spp)Microctenopoma (11 spp)Microctenopoma ansorgii

Chacidae Chaca spp Angler catfishes, frogmouth catfishes

Characidae Astynax sppAstyanacinus sppBryconops sppBryconops affinisBryconops melanurusCtenobrycon sppHollandichthys multifasciatusKnodus savannensis

Cichlidae Amphilophus citrinellus Midas cichlid, false red devil cichlid, citrinellum

Amphilophus zaliosusAmphilophus labiatus Red devilCaquetaia kraussii BucketmouthCaquetaia spectabilisCaquetaia umbrifera Turquoise cichlid Cichla spp Peacock cichlid, tucanareCichlasoma urophthalmus Mexican mojarra

A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA 27

F A M I L Y S P E C I F I C N A M E C O M M O N N A M E

Cichlidae C O N T I N U E D Crenicichla sppCrenicichla lacustrusCrenicichla lepidotaCrenicichla notophthalmusCrenicichla saxatilisHerichthys cyanoguttatum Rio Grande cichlidParachromis dovii Guapote, wolf cichlidParachromis managuensis Guapote tigre, jaguar cichlidParachromis motaguensis False yellow jacket cichlidPetenia splendida Bay snook

Ctenoluciidae Ctenolucius spp Ctenolucius hujetaBoulengerella spp Gar characin, hujeta

Dasyatidae Himantura spp Freshwater stingray

Cyprinidae Tinca tinca TenchRutilus rutilus Roach

Eleotridae Eleotris sppBatanga lebretonis Sleepers

Fundulidae Fundulus sppFundulus chrysotusLeptolucania sppLeptolucania ommataAdinia sppAdinia xenicaLucania spp Topminnow

Ictaluridae — entire family except Ameirus (7 spp)Prietella, Satan and Trogoglanis, Ictalurus (9 spp)which are harmless and IUCN listed Ictalurus punctatus Bullheads, madtoms

Pylodictis (1 spp)Noturus (26 spp)

Lebiasinidae Lebiasina sppLebiasina bimaculata Twospot lebiasina

Lepidosirenidae Lepidosiren paradoxa South American lungfish

Mastacembelidae — subfamilies Mastacembelus sppMastacembelinae and Caecomastacembelus spp Spiny eel, tyre-track eel, zig zag eelAfromastacembelinae except Aethiomastacembelus sppMacrognathus spp

Notopteridae Chitala spp Featherbacks or knifefish

Osteoglossidae Arapaima gigas Arapaima, giant arapaima, pirarucuOsteoglossum sppOsteoglossum bicirrhosum ArawanaScleropages formosus Golden arowana

Pangasiidae — entire family Pangasius (22 spp)Pangasius gigas Mekong giant catfish, shark catfishes,

blue sharkHelicophagus (3 spp)

28 A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA

F A M I L Y S P E C I F I C N A M E C O M M O N N A M E

Percidae Perca fluviatilis European perch

Pimelodidae Leiarius spp Sailfin antenna, saddle or painted catfish Perrunichthys perruno Leopard catfishPhractocephalus hemioliopterus Red tail catfishPseudoplatystoma fasciatum Barred sorubim (tiger catfish)Sorubim (5 spp) Duckbill catfish, shovelnose catfishSorubim limaSorubimichthys sppBrachyplatysoma spp

Poeciliidae Alfaro (2 spp) Amazon or knifetail livebearerAlfaro amazonusAlfaro huberiHeterandria sppHeterandria bimaculata Two-spot livebearerTomeurus gracilis

Polypteridae Polypterus spp Birchirs or ropefishPolypterus enlicheriPolypterus retropinnisErpetoichthys sppErpetoichthys calabaricus

Potamotrygonidae Potamotrygon (18 spp) River stingraysParatrygon (1 spp)Plesiotrygon (1 spp)

Protopteridae Protopterus (7 spp) African lungfish

Rivulidae Leptolebias sppLeptolebias aureoguttatusLeptolebias marmoratusLeptolebias minimusLeptolebias opalescensLeptolebias opalescens

Schilbeidae Schilbe spp African butter catfish

Siluridae Ompok spp Butter catfishSandelia (2 spp) ctenopomas

Tetraodontidae Chelenodon spp (except C. patoca) Freshwater pufferfishColomesus sppChonerhinos (5 spp)Carinotetraodon (6 spp)Takifugu (~21 spp)Auriglobus (1 sp)Tetraodon (~22 spp)

A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA 29

W A T E R P L A N T S A S W E E D S O F N A T I O N A L S I G N I F I C A N C E

Source: http://www.dlwc.nsw.gov.au/care/wetlands/facts/paa/weeds/

COMMON SPECIFIC MUST BE SHOULD NOT BE MUST NOT BE

NAME NAME CONTROLLED INTRODUCED SOLD OR

IN INTO GROWN IN

Alligator weed Alternanthera NSW, ACT, NT, NSW, ACT, NT, NSW, ACT, NT,

philoxeroides Qld, SA, Vic., Qld, SA, Vic., Qld, SA, Vic.,

WA, Tas. WA, Tas. WA, Tas.

Cabomba/ fanwort Cabomba caroliniana NSW, NT, Qld, NT, WA, Tas. NSW, NT, Qld,

WA, Tas. WA, Tas.

Salvinia Salvinia molesta NSW, NT, Qld, NT, SA, Vic., NSW, ACT, NT,

SA, Vic., WA, Tas. WA, Tas. Qld, SA, Vic.,

WA, Tas.

Senegal tea plant Gymnocoronis NSW, ACT, Qld, NSW, ACT, WA, NSW, ACT, Qld,

spilanthoides WA, Tas., NT Tas., SA, NT WA, Tas., SA, NT

Largarosiphon Largarosiphon major NSW, ACT, NT, NSW, ACT, Qld, NSW, ACT, Qld,

Qld, SA, Vic., SA, Vic., WA, Tas. SA, Vic., WA, Tas.

WA, Tas.

Water lettuce Pistia stratiotes NSW, ACT, Qld, NSW, ACT, WA, NSW, ACT, Qld,

WA, Tas., NT Tas., SA, NT WA, Tas., SA, NT

Water hyacinth Eichhornia crassipes NSW, ACT, NT, ACT, NT, SA, NSW, ACT, NT, Qld, SA, Vic., Vic., WA, Tas. Qld, SA, Vic., WA, Tas. WA, Tas.

Ludwigia, Peruvian Ludwigia peruviana NSW, Qld, SA Qld, WA, SA NSW, Qld, SAprimrose

A P P E N D I X 2

N O X I O U S A Q U A T I C P L A N T S

30 A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA

COMMON SPECIFIC MUST BE SHOULD NOT BE MUST NOT BE

NAME NAME CONTROLLED INTRODUCED SOLD OR

IN INTO GROWN IN

Horsetails Equisetum NSW, ACT, Qld, NSW, ACT, Qld, NSW, ACT, Qld, arvense SA, Tas., WA SA, Tas. SA, Tas.

Water caltrope Trapa natans Qld Australiaa Qld

Eurasian Myriophyllum Qld Australiaa Qld watermilfoil spicatum

Water soldier Stratiotes aloides WA, SA, Tas. WA, SA, Tas. Australia

Arrowhead/ Sagittaria montevidensis WA, SA, Tas., Qldsagittaria

Hornwort Ceratophyllum Tas. Tas. Tas.demersum

Leafy elodea/ Egeria densa or WA, SA, Tas. WA, SA, Tas. WA, SA, Tas., NTdense waterweed Elodea densa

Elodea/ Canadian Elodea canadensis WA, SA, Tas., WA, SA, Tas., WA, SA, Tas., pondweed NT NT NT

Hydrilla Hydrilla verticillata Tas. Tas., WA Tas.

Hydrocotyl Hydrocotyl SA, WA SA, WA SA, WAranunculoides

Brazilian Myriophyllum Tas., WA Tas., WA Tas., WAwatermilfoil aquaticum

Sagittaria, Sagittaria platyphylla SA, Tas., WA SA, Tas., WA SA, Tas., WAarrowhead or Sagittaria

graminea ssp platyphylla

a under the Noxious Weeds Act 1993

W A T E R P L A N T S W I T H I D E N T I F I E D E S T A B L I S H M E N T P O T E N T I A L

Umbrella sedge — Cyperus eragrostisAn emergent sedge that is native to America. Although this sedge is an introduced plant, it provides habitat to a variety of wetland animals.

Barnyard grass — Echinochloa crus-galliAn introduced emergent plant.

Yellow waterlily — Nymphaea mexicanaThe yellow waterlily has floating leaves and bright yellow flowers. Once established, it can be very difficult to eradicate.A major recommendation of this strategy is that an appropriate authority (eg the Weeds CRC) be requested to conduct arigorous review of aquatic plants used in the ornamental fish trade, with the aim of controlling and regulating the spread of a number of recognised aquatic pest species.

A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA 31

JURISDICTION CURRENT LICENSING BASIS FOR LICENSING CRITERIA FOR ARE CRITERIA CURRENTLY

ARRANGEMENTS ARRANGEMENTS LICENSING BEING REVIEWED?

ARRANGEMENTS

Victoria In theory, anyone breeding Licensing arrangements Sections 42 and 43 of the We are currently considering or selling ornamental fish are targeted towards Act provide the criteria. In what appropriate licensing requires a licence or permit larger aquaculture effect, it states that you arrangement there should be under the Fisheries Act ventures, where fish are need authorisation under for the ornamental fish sector.1995. However, currently produced for human the Act if you hatch, breed, we only license large consumption. display or grow fish for breeders. sale or other commercial

purpose or use or create habitat to do the above.

South Australia South Australia has a Current licensing Currently in South Australia All management and licensing legislative basis, through arrangements for fish and according to legislation, arrangements are under review. the Aquaculture Act 2000, breeders are targeted if you breed any fish you South Australia will await the for licensing fish breeders. towards marine need to be licensed, and if recommendations of the Some producers of aquaculture ventures. It is you want to keep fish on Ornamental Fish Policy Group aquarium species are not known how applicable the ‘permitted’ lists you before reviewing licensing already licensed under the this system would be for need a permit. In practice, arrangements thoroughly.Aquaculture Act, and the ornamental fish trade. if you breed ornamental fish,powers exist within this A permit system is you most likely have not legislation to move proposed in the review to date been required by towards broader licensing of the Fisheries Act, which Aquaculture SA to comply of ornamental fish is likely to be changed with the licensing system, breeders under the Act. in 2006. and most likely won’t have Upon application, permits a licence. This will be are issued under the addressed once the Fisheries Act 1982 for the ornamental fish review keeping of particular listed progresses to ensure a ‘permitted’ ornamental fish complementary approach species. There is currently with other states/territories.no impetus to enforce the permit system due to various flaws and difficulties.

A P P E N D I X 3

C U R R E N T R E G U L A T I O N O F

O R N A M E N T A L F I S H

JURISDICTION CURRENT LICENSING BASIS FOR LICENSING CRITERIA FOR ARE CRITERIA CURRENTLY

ARRANGEMENTS ARRANGEMENTS LICENSING BEING REVIEWED?

ARRANGEMENTS

Queensland In theory, anyone breeding Licensing arrangements Act applies to all forms Yesor selling ornamental fish are targeted towards of aquaculture Development authority required requires a licence or permit larger aquaculture for anyone who wants to under the Fisheries Act 1995. ventures, where fish are conduct aquaculture (grow and However, currently we only produced for human sell fish).license large breeders. consumption. For smaller, low-risk

developments, a self-assessment code has been drafted and is being tested.• No registration is required

for developments >5000 L capacity.

• Registration only required for developments with – pond area not exceeding

5 hectares– gross floor area not

exceeding 50 square metres

• note: there are some restrictions to the above.

Larger developments, and those not considered low risk, require approval and permits.

Western Do not license the N/A N/A No.Australia retail sector. Department may support

Prohibit import of changes if there are noxious fish. demonstrable benefits from Require operators to apply licensing in terms of protection for approval to translocate of environmental and fisheries aquaculture fish species values. National Competition

Policy would have to be addressed, as well as resourcing issues. In short, we wouldn’t be doing it unless there were clear cost/benefits not achievable in cheaper ways.

Northern Import of live fish through Knowledge of who is Any individual/company NoTerritory permit system. importing and trading. trading in ornamental fish

All aquarium sales Knowledge of what is meeting criteria described reported through licensing. being imported and traded. in the Northern Territory Licensing of ornamental Knowledge of origin Fisheries Act Regulations fish species production where the ‘fish’ are sourced. 182 and 199under aquaculture permit Control of species imported

for EPBC Act and noxious list considerations.Control for translocation issues with respect to disease issues.

Australian No licence required for Live fish imported/exported Section 22 Fisheries Act No.Capital sale of fish. from the ACT must be 2000. The import/export Territory Import licence required subject of licence. This is of live fish to/from the

for live fish. Suitable live to enable the possibility ACT. Section 28 provides fish restricted by declaration. of trace forward/back in the ‘relevant considerations’.Pet trade is licensed and the event of an animal must report stock holdings disease outbreak.and numbers of live imports or exports.

32 A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA

A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA 33

JURISDICTION CURRENT LICENSING BASIS FOR LICENSING CRITERIA FOR ARE CRITERIA CURRENTLY

ARRANGEMENTS ARRANGEMENTS LICENSING BEING REVIEWED?

ARRANGEMENTS

New South Pet shops are not regulated Targeting of breeders Permit holders are required NoWales by NSW Department of rather than retail outlets. to abide by the same

Primary Industries. protocols as other In theory, any person aquaculturalists.producing fish for the aquarium trade requires a permit under NSW Fisheries Management Act 1994.Presently, there are seven aquaculture permit holders producing aquarium fish.

Tasmania The only persons permitted Applications are assessed, All those who wish to Noto sell freshwater fish are and licences/registrations import, breed and/or sell those persons holding: granted with conditions to freshwater fish.• a commercial freshwater ensure (as far as is

fishing licence practical) that the site and • a fish farm licence system are adequate and • a fish dealers suitable, and that the

registration, and operation does not pose an • an exemption permit. unacceptable risk in The ‘fish farm licence’ and relation to disease and the ‘fish dealers registration’ pest potential which could are both relevant to the adversely impact on freshwater aquarium fish cultured and native fish trade. Fish cannot be populations and their imported, bred or sold ecosystems.without a licence or The process itself is an registration appropriately educative device requiring endorsed. Conditions applicants to think about cover the activities and be aware of the permitted and the potential risks posed by species allowed. their business, but this is Applicants are required not the main focus of the to provide comprehensive licensing/registration information about their system.intended business, covering In the event that something applicant details, site does go awry, the licensing/details, system design, registration system gives us species, culture techniques a greater capacity to trace and marketing. forward and back, and

implement controls quickly and efficiently.Fees are charged for licences/registration, but this is to offset the costs, not as a revenue raising exercise.

34 A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA

T H E ‘ P I A A A C C R E D I T E D

M E M B E R ’ S C H E M E

The PIAA accreditation scheme in chronologicalsequence:

1. PIAA Members request an AccreditationApplication from the PIAA office. The entireAccreditation Audit criterion and details are laidout in these papers. (No fee payable).

2. Applicants self-assess their operational practicesagainst the requirements in the audit that is basedupon our National Code of Practice and ensurethey meet all the requirements as outlined in theaccreditation audit criteria.

3. Having done the self-assessment and satisfiedyourself that you are compliant, you then requestan Accreditation Audit from the PIAA office usingthe form supplied with the application paperwork.Upon receipt of the audit request, your details areentered into the PIAA Accredited Membersdatabase as an Audit Applicant. (No fee payable).

4. When PIAA has enough audit requests within yourregion (this will vary) to make the auditseconomically viable, you will be contacted by PIAAand invoiced for $275.00 incl. GST, payable within7 days. Once paid, this fee is non-refundable. Thefee of $275.00 is the introductory fee applicable toaudit requests up to 1 March 2005, when thenormal audit fee (TBA) will come into effect.

5. Upon receipt of your fee, you will be contacted byPIAA and confirmation of your auditing date isthen given to you. (Within 4 weeks)

6. The auditor then travels to your region to do thecompliance audits. All those successfully completingthe Accreditation Audit are awarded a signed ‘PIAAAccredited Member’ certificate.

7. The ‘PAM’ database is then updated with yourbusiness as an accredited member and a specialgold ‘Accredited Member’ decal and a wall-plaqueare produced and then forwarded to you. A digital‘ACCREDITED MEMBER’ decal will also be madeavailable later in 2004 for advertising andpromotional purposes.

‘Accredited Members’ remain so for three years, aslong as the compliance standards are fully maintained,continuous financial membership of PIAA ismaintained and the ownership of the business alsoremains unchanged throughout the three-year period.

Any ‘Accredited Member’ that fails to maintain thestandards as laid out in the audit will be dealt with bydue process up to and including expulsion from ourassociation by the board of directors. Strong actionmust be taken as a result of a complaint of non-compliance because ‘Accredited Members’ representour association at the very highest level and we mustbe seen to enforce our highest standards by the publicas well as our regulators.

Note: At the time of printing this document, a changeof PIAA’s name to ‘Pet Industry Association ofAustralia’ (PIAA) was imminent; this may affect thetiming and production of certificates and other printedmatter and therefore possibly cause a slight delay inthe first audits.

A P P E N D I X 4

P I A A A C C R E D I T A T I O N S C H E M E

A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA 35

M E M B E R ’ S C O D E O F E T H I C S

1 Members shall ensure that all animals under theircare shall be provided with humane treatment andwith correct and proper housing in accordancewith applicable state and federal regulations.

2 Members shall take any necessary action todiscourage any acts of cruelty or mistreatment toanimals under their care and to protect thoseanimals from undue stress or discomfort.

3 Members shall not offer for sale any animal that isknown to be suffering from disease, illness orinjury and shall seek prompt, proper veterinaryattention for any animal in their care that is soaffected.

4 Members shall ensure that any animal in theircare is provided with an adequate and proper diet,in accordance with the needs of the species.

5 Members shall not offer for sale any animal that isclassified as protected fauna other than thosespecies allowed under state and federal Acts, forwhich the necessary certificates must be provided.

6 Members shall ensure that employees in charge oflivestock shall be familiar with the care and needsof such species or shall be under the supervision ofa person who is knowledgeable and competent inthis regard.

7 Members shall, wherever possible, accuratelydescribe the needs and care of any animal soldand provide or promote any literature relevant tothe well-being of the animal after purchase.

8 Members shall not offer for sale any item orproduct that does not knowingly conform toapplicable state or federal regulations or that mayendanger the safety of the user or animal.

9 Members shall endeavour to maintain theirbusiness premises in a clean and safe conditionand provide any necessary ventilation or lightingthat may be required for the comfort of livestock,employees and customers alike.

10 Members will trade in accordance with applicablestate and federal regulations and, by example,shall strive to promote the Australian pet industryand the benefits of responsible animal ownershipto potential customers and members of the generalpublic.

Pet Industry Association of Australia LTD

PO Box 7108 Baulkham Hills Business Centre NSW 2153

Telephone (02) 98962899 Facsimile (02) 98963521Email [email protected]

36 A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA

Commonwealth

Department of Agriculture, Fisheries and Forestry

• Fisheries and Aquaculture Branch

• Bureau of Rural Sciences

• Australian Quarantine Inspection Service

– Product Integrity, Animal and Plant Health

– Animal and Plant Program

• Biosecurity Australia

Department of Environment and Heritage

• Approvals and Wildlife Division

State/Territory

Environment ACT

New South Wales Department of Primary Industries

Northern Territory Department of Primary Industry, Fisheries and Mines

Queensland Department of Primary Industries and Fisheries

South Australia Primary Industry and Resources

Inland Fisheries Service Tasmania

Victoria Department of Primary Industries

Western Australia Department of Fisheries

Industry/Hobbyist

Pet Industry Association of Australia Ltd

One independent aquarium hobby representative (Victoria)

One commercial fish breeding representative (NSW)

A P P E N D I X 5

O R N A M E N T A L F I S H P O L I C Y

W O R K I N G G R O U P M E M B E R S H I P

A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA 37

S T A T E / T E R R I T O R Y C O N T A C T P E R S O N T E L E P H O N E , F A X A N D E M A I L

Australian Capital Territory Mark Lintermans Ph (02) 6207 21117Senior Aquatic Ecologist, Fax (02) 6207 2122Environment ACT. [email protected] Box 144, Lyneham ACT 2602

New South Wales Michael Holloway Ph (02) 9527 8592Senior Conservation Manager, Fax (02) 9527 8576Department of Primary Industries [email protected]

Northern Territory Andria Marshall Ph (08) 8999 2120Fisheries, Department of Primary Fax (08) 8999 2065Industry, Fisheries and Mines [email protected]

Queensland Peter Jackson Ph (07) 322 42185Principal Scientist, Freshwater Fax (07) 322 42805Fisheries and Habitat, Department [email protected] Primary Industries and Fisheries, GPO Box 56, Brisbane. Qld 4001

South Australia John Gilliland Ph (08) 8226 2874Project Officer, Marine Biosecurity Fax (08) 8226 0434Program, PIRSA Fisheries, [email protected] Box 1625, ADELAIDE SA 5001

Tasmania Jean Jackson Ph (03) 6233 2691Senior Fisheries Management Officer, Fax (03) 6233 4141Inland Fisheries Service, [email protected] Box 288, Moonah, Tasmania 7009

Victoria Karen Weaver Ph (03) 9658 4340Principal Policy Analyst — Fisheries Fax (03) 9658 4380Policy and Business Planning, Mob 0413 969786Fisheries Victoria, [email protected] 22, 1 Spring Street, Melbourne, Vic. 3000

Western Australia Robert Tregonning Ph (08) 9482 7375WA Fisheries Department, Fax (08) 9482 73893rd Floor, SGIO Atrium, [email protected] St Georges Terrace, Perth, WA 6000

A P P E N D I X 6

R E G I O N A L C O N T A C T S

AFMF Australian Fisheries Managers Forum

BA Biosecurity Australia

CITES Convention on the International Trade in Endangered Species of Wild Fauna and Flora

DEH Department of the Environment and Heritage

EPBC Act Environment Protection and Biodiversity Conservation Act 1999

GMO genetically modified organism

IUCN International Union for Conservation of Nature and Natural Resources

OFPWG Ornamental Fish Policy Working Group

OGTR Office of the Gene Technology Regulator

PIAA Pet Industry Association of Australia

QAP quarantine approved premises

Weeds CRC Cooperative Research Centre for Australian Weed Management

38 A STRATEGIC APPROACH TO THE MANAGEMENT OF ORNAMENTAL FISH IN AUSTRALIA

A B B R E V I A T I O N S A N D A C R O N Y M S

A STRATEGIC APPROACH TO THE MANAGEMENT OF

ORNAMENTAL FISH

IN AUSTRALIA

C O N S U L T A T I O N D R A F T

A S

TR

AT

EG

IC A

PP

RO

AC

H T

O T

HE

MA

NA

GE

ME

NT

OF

OR

NA

ME

NT

AL

FIS

HIN

AU

ST

RA

LIA

CO

NS

UL

TA

TIO

N D

RA

FT