Fisheries (exotic fish, fish farming and fish diseases) regulations 2000 regulations under the fisheries act 1982




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South Australia


FISHERIES (EXOTIC FISH, FISH FARMING AND FISH DISEASES) REGULATIONS 2000
REGULATIONS UNDER THE FISHERIES ACT 1982
Fisheries (Exotic Fish, Fish Farming and Fish Diseases) Regulations 2000

being
No. 223 of 2000: Gaz. 31 August 2000, p. 13121



1 Came into operation 1 September 2000: reg. 2.

SUMMARY OF PROVISIONS
1. Citation

2. Commencement

3. Revocation

4. Interpretation

5. Declaration of exotic fish

6. Exotic fish to which s. 49 of the Act does not apply

7. Permit to import, sell, etc. certain exotic fish

8. Release of certain fish into natural waters

9. Registration of fish farming operations

10. Keeping of farm fish in area of non natural waters

11. Drainage of waters in area of natural waters where farm fish kept

12. Farm fish in area of natural waters to be kept in moveable cages, etc.

13. Erection and maintenance of minor and temporary structural works

14. Duty to notify Director of disease in fish

15. Requirement to display notice of prescribed notifiable disease

16. Prohibition against treating farm fish suffering from prescribed notifiable disease

17. Prohibition against removing farm fish suffering from prescribed notifiable disease

18. Powers of fisheries officer in relation to farm fish affected by prescribed notifiable disease

19. Povidone iodine treatment

20. Heating systems

21. Powers of fisheries officer to examine certain equipment

22. Powers of fisheries officer in relation to diseased farm fish kept in cages, etc.

23. Powers of fisheries officer in relation to fish suffering from prescribed notifiable disease

24. Power of fisheries officer to give directions for treatment of disease in farm fish

25. Power of fisheries officer to require assistance from certain persons

26. Records to be kept by owner of farm fish

27. Prohibition against importation or possession of live fish

28. Manner of giving directions, etc.



29. Duty to comply with directions and requirements
SCHEDULE 1

Prescribed notifiable diseases (reg. 4)
SCHEDULE 2

Definition of exotic fish (reg. 5)
SCHEDULE 3

Exotic fish to which s. 49 of the Act does not apply (reg. 6)
SCHEDULE 4

Exotic fish in relation to which s. 49 permit will be granted (reg. 7)
SCHEDULE 5

Fish prescribed for the purposes of s. 50(2) of the Act (reg. 8)
SCHEDULE 6

Notice (reg. 14)

Citation

1. These regulations may be cited as the Fisheries (Exotic Fish, Fish Farming and Fish Diseases) Regulations 2000.
Commencement

2. These regulations will come into operation on 1 September 2000.
Revocation

3. The Fisheries (Exotic Fish, Fish Farming and Fish Diseases) Regulations 1984 (see Gazette 28 June 1984 p. 1910), as varied, are revoked.
Interpretation

4. In these regulations, unless the contrary intention appears-
"Act" means the Fisheries Act 1982;
"environment" includes waters and land;
"fisheries authority" means-
(a) the person or body responsible for administering the laws of another State relating to fishing; or
(b) the CSIRO Australian Animal Health Laboratory (AAHL) Fish Diseases Laboratory (AFDL);
"fish farm" means-
(a) in relation to a fish farming operation conducted within an area subject to a lease or licence under Division 4 of Part 4 of the Act-the land and waters within that area;
(b) in relation to any other fish farming operation-the land and waters used for the purposes of the operation;
"natural waters" means any flowing or standing waters occurring from natural causes;
"non natural waters" means any flowing or standing waters in existence in any place as the result of non natural causes;
"operator" of a fish farm means-
(a) in relation to a fish farming operation conducted within an area subject to a lease or licence under Division 4 of Part 4 of the Act-the holder of the lease or licence;

(b) in relation to any other fish farming operation-the person who conducts the operation;
"povidone iodine" has the meaning assigned by The Merck Index 12th edition (1996) published by Merck & Co., Rahway, New Jersey, USA (ISBN 091190123);
"prescribed notifiable disease" means any of the diseases or pathogens specified in Schedule 1;
"State" includes a Territory of Australia.
Declaration of exotic fish

5. For the purposes of the definition of "exotic fish" in section 5(1) of the Act, live fish of species (other than species listed in Part 1 of Schedule 2) that are non autochthonous to this State and belong to a kingdom or phylum specified in Part 2 of Schedule 2 are declared to be exotic fish.
Exotic fish to which s. 49 of the Act does not apply

6. For the purposes of section 49(7) of the Act, live exotic fish of the classes specified in Schedule 3 are prescribed.
Permit to import, sell, etc. certain exotic fish

7. (1) The Director must determine-
(a) an application for a permit under section 49 of the Act relating to a class of exotic fish specified in Schedule 4 in favour of the applicant;
(b) any other application for a permit under section 49 of the Act in favour of the applicant unless satisfied that-
(i) the introduction into this State of exotic fish of the species to which the application relates would create a risk of harm to indigenous fish, or other living resources, of the waters to which the Act applies; or
(ii) there is insufficient scientifically accredited information available within Australia concerning the species to which the application relates to enable the Director to be satisfied that the introduction of the fish would not create a risk of harm to indigenous fish, or other living resources, of the waters to which the Act applies.
(2) The Director may require a person who makes an application to be determined in accordance with subregulation (1)(b) to provide a certificate from a person who is, in the Director's opinion, appropriately qualified to give the certificate, certifying that the species of fish to which the application relates is not likely to create a risk of harm to indigenous fish, or other living resources, of the waters to which the Act applies.
Release of certain fish into natural waters

8. For the purposes of section 50(2) of the Act, fish of the families and species specified in Schedule 5 are fish are prescribed.
Registration of fish farming operations

9. (1) A person must not conduct a fish farming operation unless registered under this regulation.
Maximum penalty: $2 500.
(2) An application for registration must-
(a) be made to the Director in a form approved by the Director; and
(b) be signed by the applicant; and
(c) be accompanied by a fee of $60.
(3) An applicant for registration must furnish the Director with such information as the Director reasonably requires for the purposes of determining the application.
(4) Registration under this regulation remains in force until-
(a) -
(i) in the case of a natural person-the person dies; or
(ii) in the case of a body corporate-the body corporate is dissolved; or
(b) the registration is surrendered or cancelled.
(5) A person registered under this regulation must, within one month after 1 January and 1 July in each year-
(a) fill out a return, in a form approved by the Director, relating to the preceding six months; and
(b) include in the return such information as the Director requires; and
(c) date and sign the return, certify that the information contained in the return is complete and accurate and post or deliver the return to the office of the Director.
Maximum penalty: $2 500.
(6) If a person fails to lodge a return in accordance with subregulation (5), the Director may, by notice in writing to the person, require the person to make good the default.
(7) If a person fails to comply with a notice under subregulation (6) within 14 days after service of the notice, the person's registration is, by force of this subregulation, suspended until the notice is complied with.
(8) If a registration has been suspended by virtue of subregulation (7) for a continuous period of six months, the registration is, by force of this subregulation, cancelled.
Keeping of farm fish in area of non natural waters

10. (1) The operator of a fish farm in an area of non natural waters constructed for the purpose must-
(a) construct and maintain the area in such a manner that water for the time being in the area cannot escape into the environment outside the area, including by seepage (other than by being properly discharged from the area in accordance with these regulations); and
(b) ensure that the water supply for the area can only enter the area through pipes or flumes constructed, installed, maintained and used solely for the purpose of the supply of water to the area; and
(c) fit to each of those pipes or flumes a suitable valve or stopcock capable of regulating the water supply to the area in such a manner as will ensure that any overflowing of the area due to an excessive water supply can be virtually prevented at all times by adjusting or closing off the valve or stopcock; and
(d) fit to the pipes or flumes additional pipes or flumes equipped with suitable valves or stopcocks so that the supply of water to the area can be entirely diverted away from the area at any time and for an indefinite period to ensure that any overflowing of the area due to an excessive water supply can be entirely prevented; and
(e) ensure that water to be discharged from the area can only be discharged by the passage of the water into a sump that, in conjunction with the apparatus referred to in this regulation, is capable of properly regulating the volume of water in the area so as to prevent the water from overflowing into the environment outside the area; and
(f) ensure that the sump is-
(i) constructed and maintained in such a manner that water in the sump cannot escape into the environment outside the sump (whether by overflowing, the leaking of apparatus connected to the sump or by seepage) other than by discharge from the outlet of the sump in accordance with these regulations; and
(ii) securely fitted at its point of discharge with a valve or stopcock for connection to the pipes or flumes referred to in this regulation; and
(iii) constructed in such a manner that water to be discharged from the sump can be discharged only through pipes or flumes that are connected to the valve or stopcock on the sump and are constructed, installed, constructed, maintained and used solely for the purpose of draining water out of the sump in accordance with these regulations; and
(g) ensure that water being drained out of the sump of an area through the pipes or flumes is passed through a suitable screen fitted with a mesh that prevents the eggs or larvae of fish (including farm fish) in the area from passing through or around the screen into the environment outside the area; and
(h) ensure that the screen-
(i) is fitted in such a manner as to be capable at any time of being easily backflushed and removed for cleaning purposes and replaced in an effective manner; and
(ii) is properly maintained so that it does not permit the eggs or larvae of any farm fish to escape through or around the screen into the environment outside the area in which the farm fish are kept (whether through a sewerage system or otherwise).
Maximum penalty: $2 500.
(2) Subject to these regulations, water passing through a screen referred to in subregulation (1) may be discharged into the environment outside the area (whether through a sewerage system or otherwise).
Drainage of waters in area of natural waters where farm fish kept

11. (1) The operator of a fish farm in an area of natural waters the volume of which is diminished and increased partially by natural forces and partially by non natural forces must, whenever it is possible to do so, ensure that water to be drained away from the area in which farm fish are kept, being waters to be drained away by non natural forces, can only be drained away-
(a) by first passing into a sump that-
(i) is connected to the outlet point of the area; and
(ii) together with the apparatus referred to in this regulation, is capable of regulating the volume of water in the area so as to prevent the water in the area from extending beyond the average level usually reached by the water in the area (whether or not the area is being used for the keeping of farm fish); and
(iii) has securely fitted at its point of discharge a valve or stopcock for connection to the pipes or flumes referred to in this regulation; and
(b) through pipes or flumes that are connected to the valve or stopcock on the sump and are constructed, installed, maintained and used solely for the purpose of discharging drained waters from the sump.
Maximum penalty: $2 500.
(2) A person does not contravene subregulation (1) if the level of the water in the area referred to in subregulation (1)(a)(ii) exceeds the average level usually reached by the water in the area (whether or not the area is being used for keeping farm fish) as the result of natural forces beyond the control of that person.
(3) A person to whom this regulation applies must, for the purpose of minimising or preventing overflow of water from the area in which farm fish are kept into the environment outside the area, construct drainage works that comply with subregulation (4), including pipes or flumes where necessary, to provide for the diversion away from the area of any natural waters, that, if allowed to flow into the area, would cause, or be likely to cause water in the area to overflow into the environment outside the area.
Maximum penalty: $2 500.
(4) The drainage works must-
(a) in the case of pipes or flumes-be fitted with suitable valves or stopcocks so that the level of water in the area can be kept reasonably constant, under normal weather conditions, by the opening or closing of the valves or stopcocks;
(b) in any other case-be fitted with suitable equipment for controlling the flow of water through the drainage works so that by the proper use of such equipment the level of water in the area can be kept reasonably constant under normal weather conditions.
(5) A person to whom this regulation applies must ensure that-
(a) all water passing through the outlet to the drainage works is discharged into the environment outside the area on a site sufficiently remote from the boundary of the area and the environment immediately outside it, so as to prevent any such natural waters flowing into the area, and from adversely affecting the boundary of the area, including the washing away of part of the boundary; and
(b) water being drained out of the sump through any pipes or flumes referred to in this regulation is passed through a suitable screen that-
(i) is fitted with a mesh that prevents the eggs or larvae of any fish (including farm fish) in the area from passing through or around the screen into the environment outside the area; and
(ii) is fitted in a manner that it is capable at any time of being easily backflushed and removed for cleaning purposes and replaced in an effective manner; and
(iii) is properly maintained so that it does not permit the eggs or larvae of farm fish to escape through or around the screen into the environment outside the area in which the farm fish are kept (whether through a sewerage system or otherwise).
Maximum penalty: $2 500.
Farm fish in area of natural waters to be kept in moveable cages, etc.

12. The operator of a fish farm in an area of natural waters the volume of which is diminished or increased solely by natural forces must keep the fish in moveable cages or attached to moveable structures (depending on the species of farm fish being kept in those waters) so that all the farm fish that are kept in those cages or attached to those moveable structures-
(a) are unable to escape into the environment outside the area in which the fish are farmed; and
(b) can be quickly removed from the waters.
Maximum penalty: $2 500.
Erection and maintenance of minor and temporary structural works

13. A fisheries officer may direct the operator of a fish farm or a person who has the custody or control of fish at a fish farm to undertake the erection or maintenance of structural works of a minor and temporary nature if, in the officer's opinion, the erection or maintenance of those works is necessary for the detection, elimination or control of disease in fish.
Duty to notify Director of disease in fish

14. (1) If-
(a) farm fish are showing symptoms of disease; or
(b) a quantity of fish at a fish farm die within a period of 24 hours, that quantity of dead fish is apparently in excess of the usual quantity of fish that die at the fish farm within a 24 hour period and that excess of deaths in a 24 hour period may have resulted from disease,
the person having the custody or control of those fish must-
(c) immediately give the Director oral notice of those facts; and
(d) as soon as practicable after giving oral notice-
(i) prepare and sign a written notice containing details of all information that the person believes to be relevant to enable a fisheries officer or person assisting a fisheries officer to properly investigate the matter; and
(ii) deliver or post the notice to the office of the Director.
Maximum penalty: $2 500.
(2) A person who keeps fish, other than farm fish, in waters to which the Act applies must, within 24 hours of suspecting that any of the fish are suffering from a prescribed notifiable disease, give the Director oral or written notice of that fact.
Maximum penalty: $2 500.

Requirement to display notice of prescribed notifiable disease

15. (1) If a fisheries officer reasonably suspects that some or all fish at a fish farm in relation to which notice has been given under regulation 14(1) may be affected by a prescribed notifiable disease, the fisheries officer may direct-
(a) the operator of the fish farm; or
(b) the person having the custody or control of fish at the fish farm,
to prominently display the notice referred to in subregulation (2) at such place or places at the fish farm as the fisheries officer directs.
(2) A notice to be erected under subregulation (1) must-
(a) be in the form set out in Schedule 6; and
(b) be printed or painted in black coloured block letters and be indelibly printed or painted on a white signboard made of weatherproof materials or materials protected by a suitable weatherproof cover.
(3) A person to whom a direction is given under subregulation (1) must comply with the direction within 24 hours after it is given.
Maximum penalty: $2 500.
(4) The costs of erecting a notice under subregulation (1) must be borne by the operator of the fish farm to which the notice relates.
(5) A person must not interfere with or remove a notice erected under subregulation (1) unless a fisheries officer has authorised the interference or removal or has given notice in writing to the operator of the fish farm that no prescribed notifiable disease exists or is believed to exist at the fish farm.
Maximum penalty: $2 500.
Prohibition against treating farm fish suffering from prescribed notifiable disease

16. A person must not, except with the approval of a fisheries officer and under a fisheries officer's supervision, treat, or cause or suffer or permit to have treated, fish kept as farm fish that are or are apparently suffering from a prescribed notifiable disease or are reasonably suspected by the person to be suffering from a prescribed notifiable disease.
Maximum penalty: $2 500.
Prohibition against removing farm fish suffering from prescribed notifiable disease

17. (1) If a person who has the custody or control of fish at a fish farm suspects that any fish (including farm fish) at the fish farm are suffering from a prescribed notifiable disease-
(a) the person must not, without the approval of a fisheries officer, remove any of those fish from the fish farm or cause, suffer or permit the removal or egress of any fish from the fish farm; and
(b) if the ingress of fish (other than farm fish) into the fish farm or the egress of fish (other than farm fish) from the fish farm cannot be wholly prevented-the person must take all practicable steps to restrict the ingress into and the egress from the fish farm by those fish.
Maximum penalty: $2 500.
(2) Subregulation (1)(b) does not apply where the ingress and egress of fish (other than farm fish) cannot, owing to the nature of the fish farm, reasonably be restricted or prevented by the person having the custody or control of the farm fish in the fish farm.
Powers of fisheries officer in relation to farm fish affected by prescribed notifiable disease

18. (1) If a fisheries officer reasonably suspects that farm fish being kept-
(a) in an area of natural waters the volume of which is diminished or increased partially by natural forces and partially by non natural forces; or
(b) in an area of non natural waters,
are or may be affected by a prescribed notifiable disease, the fisheries officer may direct the operator of the fish farm or the person having the custody or control of the fish-
(c) whenever it is possible to do so-to reduce or stop the water supply for the area for such period as the fisheries officer thinks fit (and the reduction or stoppage must be carried out by the person having the custody or control of the farm fish under the supervision of a fisheries officer);
(d) to immediately reduce or stop, for such period as the fisheries officer thinks fit, the discharge of water into the environment outside the area (whether through a sewerage system or otherwise) other than a discharge of water from an area which takes place as the result of natural forces;
(e) to immediately fit or cause to be fitted to all pipes and flumes through which water from the area is to be discharged into the environment outside that area (whether through a sewerage system or otherwise)-
(i) the povidone iodine treatment equipment referred to in regulation 19; or
(ii) a heating system that complies with regulation 20,
and to keep that heating equipment or povidone iodine treatment equipment in continuous operation in accordance with these regulations;
(f) immediately on being required to do so by a fisheries officer-to produce any farm fish in the area to that fisheries officer for examination or destruction in the manner provided in this regulation.
(2) A person to whom a direction is given by a fisheries officer under subregulation (1)(e)(i)-
(a) must properly clean any filter used in connection with the povidone iodine treatment of water whenever necessary; and
(b) must ensure that the treatment tank is constructed and located so as to be readily accessible at all times to fisheries officers exercising powers and functions under the Act and these regulations; and
(c) must not use the treatment tank for a purpose other than povidone iodine treatment of water under these regulations; and
(d) must ensure that all povidone iodine used for the treatment of water in a treatment tank is added to the water in the correct proportions and is properly dissolved in the water; and
(e) must not discharge water from the treatment tank into the environment outside the area (whether through a sewerage system or otherwise) until the expiry of one hour after the addition of povidone iodine to the water.
Maximum penalty: $2 500.
(3) A person to whom a direction is given by a fisheries officer under subregulation (1)(e)(ii) must ensure that all water passing through a heating system is heated to a temperature of 85øC for at least one hour before being discharged into the environment outside the area (whether discharged through a sewerage system or otherwise).
Maximum penalty: $2 500.
(4) A fisheries officer may examine farm fish produced under subregulation (1) (and may in doing so be assisted by any other suitably qualified person).
(5) A fisheries officer and a person assisting the fisheries officer may examine farm fish-
(a) at or in the vicinity of the area from which the farm fish were taken for examination; or
(b) at some other suitable place chosen by the fisheries officer.
(6) If, after examining farm fish, a fisheries officer reasonably suspects that any or all farm fish at a fish farm are or may be affected by a prescribed notifiable disease, the fisheries officer may-
(a) direct the person having the custody or control of the farm fish to immediately destroy them in such manner as a fisheries officer directs; or
(b) take possession of the farm fish and destroy them in such manner as the fisheries officer thinks fit.
(7) If a fisheries officer reasonably suspects that farm fish at a fish farm are suffering from a prescribed notifiable disease, the officer may direct the operator of the fish farm or the person having the custody or control of the fish-
(a) to permit a fisheries officer to pump all the water out of the fish farm onto a piece of dry land in the environment outside the fish farm, chosen by the fisheries officer, so that the water may be disposed of by evaporation from the dry land;
(b) to add povidone iodine to any water in the fish farm in such quantities and in such manner as the fisheries officer considers necessary to minimise the spread of prescribed notifiable disease.
(8) The costs and expenses of pumping and ancillary apparatus and povidone iodine to be used under this regulation must be borne by the Minister.

Povidone iodine treatment

19. (1) Povidone iodine treatment equipment directed to be fitted under regulation 18 must consist of an appropriate filter connected in a watertight manner in series with any pipe or flume carrying water away from the point of discharge of the sump with that filter having its point of discharge connected by a pipe or flume to the treatment tank that has its inlet connected in a watertight manner to the outlet of the filter.
(2) The treatment tank must-
(a) be constructed of a material with smooth interior surfaces designed to minimise the retention of any form of solid matter; and
(b) be fitted with a suitable outlet pipe for the discharge of water out of the tank; and
(c) have a suitable stopcock in series with the outlet pipe to control or stop the discharge of water out of the tank; and
(d) have the outlet of the stopcock connected to a point of discharge in the environment outside the area in which farm fish are kept (through a sewerage system or otherwise).
(3) Whenever water is passed into the treatment tank in povidone iodine treatment equipment the water must have povidone iodine continuously dissolved into it at the rate of at least 500 parts per million so as to maintain the active povidone iodine level in all water for the time being in the treatment tank at the rate of at least 500 parts per million.
Heating systems

20. A heating system must-
(a) be capable of continuously heating all of the water passed into it to a temperature of 85øC; and
(b) be fitted with a suitable temperature recorder; and
(c) be fitted with a suitable flow recorder; and
(d) be capable of maintaining water at a temperature of 85øC for at least 35 minutes (when the maximum rate of water flow for the heating system is passing through it).
Powers of fisheries officer to examine certain equipment

21. (1) A fisheries officer may at any time examine a screen, heating system or povidone iodine treatment equipment installed as a requirement of these regulations to ensure that it is being used and operated in accordance with these regulations.
(2) Without limiting the generality of subregulation (1), a fisheries officer may-
(a) take for examination any samples of solid or liquid matter on in or about the screen, heating system or povidone iodine treatment equipment;
(b) temporarily remove for examination the screen, heating equipment or povidone iodine treatment equipment, or part of the screen, heating equipment or povidone iodine treatment equipment.
(3) An examination of a screen, heating equipment or povidone iodine treatment equipment may-
(a) be conducted by a fisheries officer alone or with the assistance of any other suitably qualified person; and
(b) be conducted at the place at which the screen, heating equipment or povidone iodine treatment equipment is installed or at any other place chosen by the fisheries officer.
(4) A fisheries officer may, for the purpose of eliminating or controlling a prescribed notifiable disease-
(a) direct a person having the custody or control of a screen, heating equipment or povidone iodine treatment equipment or other apparatus used for fish farming at or in the vicinity of an area in which farm fish are kept-
(i) to remove and treat the equipment or apparatus or part of the equipment or apparatus in such manner as the fisheries officer considers necessary; and
(ii) to use such substances for that treatment as the fisheries officer considers necessary;
(b) destroy a screen, heating equipment, povidone iodine treatment equipment or other apparatus or part of a screen or such equipment or apparatus if it cannot be effectively treated so as to eliminate or control a prescribed notifiable disease.
Powers of fisheries officer in relation to diseased farm fish kept in cages, etc.

22. (1) If a fisheries officer reasonably suspects that farm fish kept in cages or attached to movable structures in natural waters are or may be affected by disease, the fisheries officer may-

(a) direct any person having the control or custody of the fish to remove one or more cages or moveable structures for examination by the fisheries officer; and
(b) on removal of a cage of farm fish or a moveable structure with farm fish attached to it-examine the farm fish in that cage or attached to that structure.
(2) If, after examination of farm fish in a cage or attached to a moveable structure, a fisheries officer reasonably suspects that any of the fish are or may be affected by a prescribed notifiable disease, the fisheries officer may-
(a) direct the person having the custody or control of the fish to destroy them immediately in such manner as the fisheries officer directs; or
(b) take possession of all or any of those farm fish for further examination or for destruction in such manner as the fisheries officer thinks fit.
(3) The powers of a fisheries officer under this regulation may be exercised with respect to all or any farm fish under the custody or control of a person.
Powers of fisheries officer in relation to fish suffering from prescribed notifiable disease

23. (1) If a fisheries officer reasonably suspects that fish, other than farm fish, kept in waters to which the Act applies are suffering from a prescribed notifiable disease, the officer may examine the fish and may enter land and exercise such other powers as are reasonably necessary for that purpose.
(2) If the fisheries officer is, on examination of the fish, satisfied that all or some of them are suffering from a prescribed notifiable disease, the fisheries officer may take, or direct the person keeping the fish to take, such measures for the treatment or destruction of fish (or both), as the fisheries officer considers necessary to eliminate the disease.
(3) A fisheries officer may take measures for the treatment or destruction of fish under subregulation (2) either immediately or in the event of non compliance with a direction given by the officer under that subregulation.
Power of fisheries officer to give directions for treatment of disease in farm fish

24. A fisheries officer may-
(a) give directions to the operator of a fish farm, or the person having the custody or control of farm fish, with respect to the treatment of any disease that is, or that the fisheries officer reasonably suspects is, affecting those farm fish; and
(b) supervise the carrying out of the treatment.
Power of fisheries officer to require assistance from certain persons

25. If a fisheries officer is of the opinion that it is necessary to do so for the proper discharge of powers under these regulations, the fisheries officer may require such assistance as the fisheries officer considers necessary from a person who has the custody or control of farm fish or any other person connected with fish farming.
Records to be kept by owner of farm fish

26. (1) A person who owns farm fish must-
(a) keep accurate written records containing the information prescribed by subregulation (2) at a place as near as practicable to the area in which the fish are kept; and
(b) permit a fisheries officer to examine those records in accordance with a requirement made by the fisheries officer under this regulation; and
(c) retain the records for a period of two years from the date of the making of the record.
Maximum penalty: $2 500.
(2) The information required to be included in a record is as follows:
(a) the date on which any live fish to be kept as farm fish were supplied to the owner;
(b) the name and address of the person who supplied the live fish to the owner;
(c) the date on which any live fish were supplied by wholesale by the owner to another person;
(d) the name and address of the person to whom such farm fish were so supplied by the owner;
(e) details of any prophylactic or therapeutic treatment administered to the farm fish by the owner or any other person;
(f) the dates on which the treatment was administered;
(g) the name (including any trade name or patent name) of any substance used as or as part of the treatment.
(3) A fisheries officer may require a person who keeps records under this regulation to produce the records for inspection by the fisheries officer.
(4) A fisheries officer may examine any records produced under subregulation (3) and make copies of or take extracts from those records.
Prohibition against importation or possession of live fish

27. (1) Subject to subregulation (2), a person must not-
(a) bring into the State any live fish; or
(b) have possession of any live fish brought into the State,
unless the fish have been certified to be free of prescribed notifiable disease by an officer of a fisheries authority in the State of origin of the fish.
Maximum penalty: $2 500.
(2) Subregulation (1) does not apply in relation to live fish that-
(a) are brought into the State by aircraft; and
(b) are kept in an appropriate container during transit within the State; and
(c) are removed from the container at an airport and subjected to quarantine procedures under the Quarantine Act 1908 of the Commonwealth as in force from time to time.
Manner of giving directions, etc.

28. A direction or requirement to be given to or made of a person under these regulations may be given or made orally or in writing.
Duty to comply with directions and requirements

29. A person given a direction, or of whom a requirement is made, pursuant to these regulations must not refuse or fail to comply with the direction or requirement.
Maximum penalty: $2 500.

SCHEDULE 1

Prescribed notifiable diseases (reg. 4)

BACTERIAL PATHOGENS



Aeromonas salmonicida of fin fish (Class TELEOSTOMI)

Gaffkaemia (Aerococcus viridans) of crustaceans


CRUSTACEAN PATHOGENS

Sacculina parasite of crabs (Portunus pelagicus)
MOLLUSCAN PATHOGENS

Mytilicola spp. (Redworm) disease of oysters

Urosalpinx spp. "Drill" mollusc of oysters
MYCOTIC PATHOGENS

Aphanomyces spp. Crayfish plague of freshwater crustaceans

Psorospermium spp. of freshwater crustaceans
PROTOZOAN PATHOGENS

Dermocystidium spp. in oysters

Microsporidium (Thelohania/Pleistophora spp.) of freshwater crustaceans

Minchinia spp. in oysters

Myxosoma cerebralis (Whirling Disease) of salmonidae



Perkinsus spp. in shellfish
VIRAL PATHOGENS

Cichlid virus

Epizootic Haematopoietic Necrosis (EHN)

Infectious Haematopoietic Necrosis (IHN) virus of salmonidae

Infectious Pancreatic Necrosis (IPN) virus of salmonidae

Viral Haemorrhagic Septicaemia (VHS) of salmonidae


DISEASE OF UNKNOWN OR OBSCURE AETIOLOGY

Labyrinthomyxa spp. Malpeque Bay disease of oysters.

SCHEDULE 2

Definition of exotic fish (reg. 5)
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