Freshwater Fish Farming Regulations 1983

1983/278 THE FRES H WAT ER FISH FARMING REGULATIONS 1988 DAVID BEATTIE, Governor-Genera l ORDER IN COUNCIL At th e Government House at Wellington this 19th day of December 1983 Present: HIS ExCEU£NCY TH E GoVERNOR-GENERAL IN COUNCIL PURSUANT to the Fisheries Act 1985. His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations. ANALYS IS PART II I . T iuc= and commencement 2. In terpretation 3. Scope o f regu lations PART I U Ct:NSING o s f iSH FARMS ANn P ROC ESSING P u, r-rTS 4. fish farms to be licensed 5. Appli cant 10 obtain righl 10 take or dis­ charge water required by Wa ter and Soil Conservauon Act 1967 6. Applications for licences 7. Director-General may issue provi sional licence 8. Issue and cond itio ns of licen ces 9. Conditions as to discharge of efflum ts 10. Dun.tion of licence 11. Renewal of licen ce 12. Transfer of licence I ~ . Carrying on of fish farm by personal representative of deceased licensee, etc. 14 . licenc e 10 be d isplayed 15. Fen OPERATION O~ F ISH F ARM S A NI> PR OCESSIN G PLANTS 16. Sale and possession o f fish 17. Only fish raised or lawfully transferred to be on fish fann 18. Transfer and release o f salmon by licensee 19. Capture of salmon 20. Fish ov a 21. Sale and processing of salmon 22. Sale of fish to other fish farms 23. Animal material to be sterilised 24. Licensee to keep records and male returns 25. Records to be maintained PART III DISEASE Co:-r1l{O L 26. Licensee to give notice of disease 27. Preventive or remedial action 28. Destruction of brood fish when genetic defn:ts develop Freshu-ater Fuh farm"l(!. Hegulanons /Y"l 19S3127S • q n l:OffipnlWoUOn "If h h Jr"tro\ ed o t peo-es incurred In d tr opne d e, r a sed fn.h and deconr...mUl.illtUl~ ponds. et 3 1 1l:IW'...sed hsh not to hr tran ferred 1.! ~("n m.;a) , .....1"" pn unrn.. lOf 1""'Il...rrun...non P-\Rl 1\ ~I 'o(} .......u P1I: H Impr-ruon of h..h l...nn 'H Ob..tnKUn1: o th. e-r 1 ') OffMkn 'H.. CalKdbunn oj IKI""fl( -1"" on • •m\ KIKlI1 REGUL\TI O NS l. Title and comrnencernent -c-t l I These regulations may he cited as the Freshwa ter Fish f-arm in g Re-gulatio ns 19 :OS 3, (2) These regulations shall come into fo rce on the ht day of Jam l3I) ' 19S~. 2. In te rpreta t io n - In these reeulauor». unle '" the con text otherwise­ TeqUlrt"s. "Act" means rhe Fisherie-s An 19~3 : "Authorised Officer" means .1I1 otfrcer with appropriate specialist qual ification ... authorised in writing 10 an by the Director-General: "Brood fish" means male Of fema le fish ke-p t on a fish fa r-m for breeding IHlf"}X1:"rs: " Disease". in relation to fish. include-s any dive-ase- vpecifu-d by the DirectorLe-neral by notice publishe-d in the Cazrttr: and "diseased' has a co rrespond in g meaning: "Eatinghouse" me-ans any prr-mivev. including any re ...taurant. hotel. o r o ther public eating plan', in which 1001 is sold fOl consumption on the pre-mises or i .... cooke-d and ....old for consumption off rlu ­ premises: "Fish" means such species of fish as may be lawfully .-.pecihcn by rhe­ Director-Genera l by norice publishe-d in the Ga zette ; and include-s any variety 0 1 subspecies of those frsh: and also includes th r- yo ung, fry. ova. or 'pawn. and any part of those fish : hut dot'S 1101 include salmon that is preserved in cans and importe-d into , ' C \ ,' Zealand: "Fish farm" mean... any es tablishment (includ ing an ocean-ranching establishment]. licensed under these regulations co capturt", raise. feed. release. proct"Ss. or deal in fish for salt' : but does not indude­ a An)' hatchery established and operated by an acclimansarion society or by the Ministrv of :\ gri cuh urr and l-i""hf'rie"" or b~- the Department of Internal .Il.u rs: or b) An)' food premises: 01 k) Any establishrneru liu used under these rt·gulalion.. so lelv to process o r deal in fish tor s..le-: " Food premise-s" me-ans an)' evta blis bment. including an ea ting-house. on O f from whic h food j"" sold o r di spo""ed o f directly and pr edominantly 10 the- public; hut does n OI inc-lude- an )' establ ishment licensed un der the se fe~ulations soldy 10 pr()("('ss o r deal in fish for sa le; "Licence" means a fish -farm licence or o rhr-r licence (("XC("P I a provisional licence issue-d under these regulations: and "licensed' and "Iice-n ee' have co rr evpond ing meanings: "Ocean-ranching,. me-ans relea in~ juvenile almon into wain'S to p-ow at sea and. on the return of the adult salmon 10 a specified place, harvesting them or producing o va from rhr-m: 1983/278 Freshuxuer Fish Farming Regulations 198J 3 "Officer" means an officer appointed under the Act for the purposes of these regulations: "Production record", in relation to any fish farrn. means a yearly return of fish in a fonn required by the Director-General: "Sales record", in relation to any fish fann or other business. means a return of fish sold by the licensee in a fonn required by the DirectorGeneral: "Tag" means a coded metal or plastic lag approved by the Ministry of Agriculture and Fisheries: "Taupo District" means the district described in the Taupo District Order 1983. made pursua nt to sect ion 14 (8) of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926: "Transfer" means the transportation of fish obtained from a fish farm licensed under these regulations to or from a lea sed or licensed area within th e m eaning of th e Marine Fanning Act 1971, or to or fro m another fish far m, or to a point o f release int o any wa ters. or to or from any o ther place: "Year" means a period of 12 months ending with the 31st day of December. (2) No provision of any other regulat ions under the Act sha ll apply to any fish raised on or transferred to a fish farm duly licensed under these regulations or food premises that comply with regulation 21 of these regulations. 3. Scope of regulations- 0 licence shall be issued under these regulations permitting any fish farm, or any processing plant for the purposes of processing the produce of any fish farm. to be established in the Taupo District or in the County of Ro to rua. PART I LICENSING OF FIS H FARMS AND P ROCESSING PLANTS 4. Fish far-rna to be licensed- (I) No pe rson sha ll es ta blish or ope rate any fish farm except pursuam to a fish-farm licence grant ed by the Mini ster under th ese regulations and for the tim e being in force and in accordance with th e conditions of the licence and with the provis ions of th ese regulat ions. (2) No person shall process or deal in any produce of a fish farm except pursuant to a fish-farm licence, or a licence to process or deal in the!roduce of a fish farm, granted by the Minis ter under these regulations an for the time being in force and in accordance with the conditions of the licence and with the provisions of these regulations. til where fish are disposed of to or from any food premises which comply with regulation 21 of these regulations. those premises sha ll not be required to be licensed pursuant to this regulation. 5. Applicant to obtain right to take or discharge water required by Water and Soil Conservation Act 1967- (1) Before any pe rson applies for a fishfarm licence, he shall obtain under th e provisions o f the w ater and Soil Conservation Act 1967 any right requ ired by tha t Act in res pect of any wa ter required for, o r affected by. the proposed fish farm. Forthwith a fter making application for any such right, he sh all give notice in wti ting thereof to th e acclimatisati on soc iety in whose di strict the proposed fish fann will be situated and each acclimausation socie ty into whose district wa ter from the proposed farm may be disc harged. 4 Freshwater Fish Farming Regulations 1983 1983/2 78 (2) Where any person is granted any right referred to in subclause (1) of this regulation. the acclimatisaticn socie ty may. within 21 days afte r public notification is made under the Water and Soil Conservation Act 1967 of the granting of that right. make written submissions to the Director-General in relation to the application for a fish-farm licence. 6. Applications for licences -e-L l ) Every application for a fish-farm licence, or a licence to process or deal in the produce of a fish fann, shall be made in writing to the Director-General in a form provided by him. (2) Every application for a fish-farm licence shall specify the kind of fish intended to be raised on the fish-farm . (3) Every application for a fish-farm licence shall be accompanied by plans (in duplicate) showing (a) The location of the proposed fish fann and all premises associa ted with the farm for processing or dealing in its produce: (b ) The layout of all ponds and buildings: (c) All intake and outlet structures. where applicable: (d) The source of the water to be used. the flow pattern of the water through the fish farm. and the location of outflows: (e) In relation to ocean-ranching. the place from which salmon are to be released, and the place from which salmon shall be recaptured. (4) In every application for a fish-farm licence, the applicant sha ll specify his right to occupy the area of the proposed fish farm . and shall supply sufficient evidence that all rights, licences, and other authorities required by any enactment authorising him to draw water from and return water to any lake or river or stream. to take or disc harge water into the sea, and to occupy any foreshore have been duly granted and are in force . (5) The Director-General may require the applicant for any licence tha t may be issued under these regulations to supply such further information of any kind as the Director-General may consider relevan t and require. which. in the case of an applicant for a fish-farm licen ce, may include info rmation concerning the suitability for the purpose of the wa ters proposed to be used as a fish farm, the methods proposed to be adopted in operatin~ the fish farm, and the suitability of the applicant, having regard to his qua lifications, experience, an d resources, to ope ra te the fish farm. Until tha t information is supplied. the Minister shall be under no obligation to give any furt he r consideration to any application. 7. Director-General may issue provisional licence- (1) The Director­ General may. subject to such terms and conditions as he may impose. issue a provisional licence in respect of any application for a licence under these regulations. (2) A provisional licence may at any time be revoked by the Director' General or the Minister and. in any case. shall cease to have effect either­ (a) When the application for a licence has been determined by the Minister; or (b) Upo n the expiry of 6 months fro m the date of issue or such extended period as the Director-General or the Minister may upo n application agree whichever is the sooner: Provided that if the applicant has fulfilled his obligations under these regulations in respect of his application within 6 months or any extended period from the date of issue of the provisiona l licence to him, the provisional licence shall, unless otherwise revoked under this subclause, cont inue in for ce until the application is de termined, 1983/278 Freshuater Fish Farming Regulations 1983 5 (3) Forthwith upon issuing a provisional licence under this regulation, the Director-General shall send a copy of it to any acclimatisation society or societies within whose district or districts the waters specified in the provisional licence are situated and to the Regional Water Board (within the meaning of section 2 (I) of the Water and Soil Conservation Act 1967) having jurisdiction over those waters. 8. Issue and conditions of licences-e-Il ) It shall be in the discretion of the Minister to grant or refuse any application for a licence : Provided that before determining any appli cation for a licence, the Minister shall take into account (a) Any written submissions in relation to the application made under regulation 5 (2) of these regulations to the Director-General by an acclimatisation society; and (b) The qualifications, previous training, and experience of an applicant for a fish·fann licence to operate a fish fann and, in the event that a fish fann is to be managed by a manager, the qualifications, previous training and experience of the manager, and (c) In the case of an application for a fish-farm licence, the situation of the proposed fish fann and the applicability of the principles of good fanning practice to it. (2) Every licence shall be signed by the Minister. (3) It shall be a condition of every fish·fann licence, whether specified in the licence or not, that (a) All rights, licences, and authorities required by any enactment relating to the use or discharge of water in the operation of the fish fann shall be kept in full force and effect so long as fish-fanning operations are carried out under the licence; and (b) Means shall be provided to ensure that water can be supplied to every pond on the fish farm without previously passing through any other pond on the fish farm and that it cannot be discharged without being treated by such process as shall be approved in the circumstances of each case by the Director-General. (4) Subject to subclause (3) of this regulation, the Minister may ~ant any licence subject to such conditions as he thinks fit. Those conditions shall be srecified in the licence. ~ (5 Every fish-farm licence shall specify the kind of fish that may be raised pursuant to the licence and if there is more than J kind of fish, shall also specify whether they are to be segregated. (6) Every fish-farm licence shall specify by what means any fish offal shall be disposed of by the licensee. (7) Notwithstanding the foregoing provisions of this regulation, the Minister shall not grant more than 1 salmon fish-farm licence for anyone catchment unless he is satisfied that the proper management of the salmon fishery in that catchment would not be adversely affected by the ~anting of an additional licence or licences, and for this purpose shall consider any submission on the matter made (a) By an acclimatisation society in any case where that society could make submissions under regulation 5 (2) of these regulations if the application for the licence were an application for a water right: (b) By the Fishing Industry Board: (c) By the licensee of any other fish farm in the same catchment. 6 Freshuxuer Fish Farming Regulations 198J 1983/2 78 9. Conditions as to discharge of effl uents-Without limiting the provisions of regulation 8 (4) of these regulations, the Minister shall, where practicable. make it a cond ition of every fish -farm licence that, subject to compliance by the licensee with any requirements of the water and Soil Conservation Act 1967, and with the terms of any right granted under that Act to the licensee. all effluents from the fish farm shall. after being treated as mentioned in paragraph (b) of regulation 8 (3) of these regulations. be discharged into the sea or into estuarine waters or, wh ere that is not practicable . shall be fun her treated and disposed of in a manner specified by the Minister. 10. Duratio n o f licence-e-I1) Every licence shall, unless it is sooner cancelled or suspended in accordance with these regula tions. continue in force until the expiration of the term, not exceeding 14 years, for which it is issued, and m ay fro m time to time be renewed by th e Minis ter. in a form provided by him and signed by him , for a further term not exceeding 14 years. (2) Notwithstanding that any licence is issued or renewed for any term, the conditions on which the licence is held by the licensee may at any time during that term be chan ged on written notice being given to him o f the chan ged conditions by the Minister. Subject to regulation 8 (3) of these regulations. the conditions may be chan ged by the addition of new conditions or the revision or omission of existing co nd itions as the Minister thinks fit. (3)The Minister may. if he is satisfied that the licensee has not paid the fee pursuant to regulation 15 of these regulations or has not co mm enced to use the licence for th e purposes for which it was granted within 12 months after the date on which it was granted. give the licensee written notice to the effect that, if the licensee has not paid the fee or has not com menc ed to use the licence within 2 months after the date of the notice. the licence will be cancelled by the Minister upon the expiry of that period. II. Renewal of licence- (1) Any ap plication for the renewal of a licence shall be made to the Director-Gene ra l in writing, and sha ll be made not earlier than 12 months. and not later than 3 months, before th e date of expiry of the licence. (2) Unless the Mini ster is satisfi ed that the licensee has failed to comply with the conditions of the licence. the Minister shall grant the application for a renewal of the licence: Provided that (a) The Minister may grant th e renewal subject to such conditions, either in addition to or in substitution for those to whi ch the licence is for the time being subject, and the additiona l or substituted conditions shall be endorsed on or annexed to th e licence, whi ch shall be subject to those conditions accordingly: (b) The Minister shall not grant the renewal unless he is satisfied that all rights. licences, and other authorities required by any other enactm ent authorising the licensee to draw water from and return water to any lake or river or stream, to discharge water into the sea , and to OC01PY any foreshore have been duly granted and are in force. (3) Th e Minister may determine any application for renewal of a licence , notwithstanding that the application may not have been made with in the time limited by this regulation in that behalf, provided the application was made not later than the date of expiry of the licence. 1983/278 Freshuiater Fish Farming Regulations /983 7 (4) If application for the renewal of a licence is made as aforesaid but is not determined on or before the expiry of the licence, the licence shall be deemed to he extended until the application is decided by the Minister. 12. Transfer of licence-c-I t ) Any person. being­ (a) The licensee; or (1)) The personal representative of a deceased licensee; or (c) The manager under the Mental Health Act 1969 of the estate of a licensee; or (d) In the case of a licen see in respect of whom a protection order is in force under the Aged and Infirm Persons Protection Act 1912 , the manager of his estate; or (e) The ass ignee in bankruptcy of a licensee w ho has been adjudged a bankrupt; or (f) The liquidator of a company whic h is a Iicensee, may tran sfer the licence to any person approved in writing by the Minister in that be half. (2) App lication for approval of a transfer under this regulation sha ll be made in writing to the Director-General. (3) The Minister shall approve an application for his approval of a transfer of a fish-farm licence or a licence to process the produce of a fish fann if he is satisfied that the proposed transferee. having regard to his qualifications. experience. and resources, is a suitable person to operate the fish fann or processing plant: Provided that the Minister shall not approve any such transfer unless he is satisfied that all licences and other authorities required by any other enactment authorising the proposed transferee to draw water from and return wate r to any lake or river or stream. to discharge water into the sea, and to occupy any fores hore have been duly granted and are in force . (4) No tran sfer of a licen ce shall have any force or effect unless and until it is approved by the Minister under th is regulation. 1s. Carrying on of fish fann by personal representative of deceased licensee, etc.-(I ) Any person being (a) The perso na l representative of a deceased licensee; or (b)The man ager under the Mental Health Act 1969 of the esta te of a licensee; o r (c) In the case of a licen see in respect of whom a protection order is in force under the Aged and Infinn Persons Protection Act 1912, the manager of his estate; or (d) The assignee in bankruptcy of a licen see who has been adj udged a bankrupt; or (e) The liqu idator of a company which is a llcen see.-e may . 'With the consent in writing of the Director-Gen eral . operate or appoint some other person to operate the fish farm, processing plant, or other premises. to which the licence relates for such period as the Director-General determines. (2) While any person operates a fish farrn , process ing plant, or other premises pursuant to this regulation , he shall, for the purposes of these regulation s, be deemed to be the holder of the licence. 14. Licence to be displayed-The licensee sha ll cause his licence an d any renewal thereof, together with any notice of change in terms of the licence as issued or renewed, for the time being in force. to be displayed 8 Freshwater Fish Farming Regulations /983 1983/2 78 in a prominent place at the fish farm, or. in the case of a licence held solely for the purposes of fracessing or dealing in the produce of a fish farm. at the licensee's chie place of business. 15. Fees- The fee for every fish-farm licence shall be that amount from time to time fixed by the Minister by noti ce in the Gaulle, and shall be paid by the licensee into the Public Account by remitting it to the Director · General in advance for each year in which a licence is held or deemed to be extended. PART II OPERAnON OF FISH FARMS AN D PR OCESSING P1..ANTS 16. Sale and possession of fish-Subject to these regulations. it shall be lawful for (a) Any licensee to be in possession of, sell. or o therwise dispose of fish raised on or transferred from any fish fann to another fish farm and for any other person to be in possession of any such fish sold or otherwise disposed of: (b) Any licensee to sell fishing rights to the general public to fish at the fish fann under the conditions specified in his licence or specified in writing by the Director-General: (c) Any commercial fisherman to retain and land any salmon accidentally caught during fishing for other fish at sea. outside the boundaries of the district of any acclimatisation society if, as soon as practicable after landing. he delivers such salmon to a fish packing house approved for that purpose by the Director-Ceneral: (d) An approved fish packing house to store any salmon received pursuant to paragraph (c) of this regulation. and to offer such salmon for sale by tender only to licensees of salmon fish farms in accordance with any conditions specified in writing for that purpose by the Director-General. 17. O nly fish raised or lawfully transferred to be on fish fann­ (I) Subject to subclauses (2) and (3) of this regulation. the licensee of a fish farm shall not keep any fish on that farm. unless the fish has been raised on the fish farm, or, with the approval of the Director-General. has been transferred to the fish farm from another licensed fish farm. (2)Subject to regulation 3 1 of these regulations. with the approval of the Director-General and of the acdimatisation society in whose district any licensed fish fann is situated and of any accllmatisation society through whose district water from the fish fann is discharged and of the acclimatisation society that operates any hatchery from which it is proposed to transfer any fish to the fish farm. fish may be transferred to the fish farm from the ha tchery. (3) Subject to regulation 31 of these regulations. with the approval of the acclimatisation society in whose district any licensed fish fann is situated and of any acclimatisation society through whose district water from the fish fann is discharged, any fish may. for experimental purposes under the direct control or the Director-General. be transferred to the fann or released alive from the farm otherwise than in accordance with subclause (I) of this regulation. (4) Subject to regulations 18 and 3 1 of these regulations and notwithstanding the foregoing provisions of thi s regulation. any / erson may, with the written authority of the Director-General an after 1983/278 Freshuxuer Fish Farming Regulations 1983 9 consultations with and having regard to the functions of acclimatisation societies, take and transfer fish (including salmon ova) from any waters to a fish fann. (5)This regulation shall not apply to the licensee of any fish fann used exclusively for fanning eels. 18. Transfer and release of salmon by Iicensee-c-It) Subject to regulation 32 of these regulations. the licensee of a salmon fish farm may release or transfer salmon in accordance with the terms and conditions of his licence. or with the written authority of the Director-General or authorised officer and after consultations with and having regard to the functions of acclimatisatio n societies. (2) No salmon shall be released or transferred pursuant to the written authority of the Director-General later than 28 days after the date on which the authori ty was given: Provided that any such autho rity may be revoked by the Director-General at any time. (3) No marked or tagged salmon shaII be released or transferred unless the method of marking or tagging. the mark or the tag. and the number of salmon to be so released or transferred. have been approved by the Director-Ceneral. 19. Capture of salmon-It shall be lawful fo r any licen see to capture salmon in the waters specified in his licence from such places and at such times as may be so speci fied. 20. Fish ova-{l) Ova taken from fish in a fish farm surplus to the needs of that fish fann shall not be destroyed. but shall be offered for sale or be otherwise disposed of pursuant to the directions of the Director-General given generally or in res pect of a particular fish fann: Provided that a licensee shall be nei ther required nor direc ted to dispose of ova to another fish farm. (2) Subject to subclause (I) of thi s regulation. no person shall obtain, supply, possess, or dispose of salmon ova without the written authority of the Directo r-General, (3) Subclause (2) of this regulation shaII not apply to any acclimatisation society . 21. Sale and processing of salmon- (})No person shall possess. process. cook, serve, sell, or otherwise dispose of salmon in or from any food premises unl ess (a) The food premises are aut horised by the Director-Gene ra l to be prem ises from which those things can be done : (b) The salmon has been obtained from a fish fann or a licensed processor or dealer or au thorised food/re mises (2) No fish fann licensee or license dealer or processor shall sell or o therw ise dispose of salmon except to or through the agency of any other fish farm. licensed dealer. or authorised food premises. un less he has obtained a written authority from the Director-General. (3) Subject to this regulation . salmo n may be processed in any manner and sold and serve d in an y form, if, in any particular case, the source of the salmon can be ascer ta ined or veri fied to the sa tisfaction of the Director­ General by a Fishery Officer appointed under th e Act as coming from a fish Farm. licensed dea ler. or processor. or authorised food premises. 10 Freshusater Fish Farmi ng Regulations 198J 1983/278 (4) For the purposes of subclause (l) (a) of this regulation. all food premises shall be deemed to be authorised by the Director-General without a specific application having to be made to him un less he is satisfied (a) Tha t the food premi ses do not appear to be bona fide; or (b) The food premises, or the person in charge of them, has been convicted of an offence aga inst these regulations, in which case the Director-General may re fuse to aut horise th e food premises in terms of subclause (I ) of this regulation. 22. Sale of fish to other fish fanno- Subject to regulation 3 1 of these regulations. the licensee of any fish fann may. with the consent in writing of the Director-General. sell or otherwise dispose of any live fish to the licensee of any other fish farm. . 23. Animal material to be sterilised- (I) No person sha ll feed any ani ma l m aterial to fish on an y fish fan n un less th e an ima l m ateri al has been sterilised (a) By heating it throughout for not less than 30 minutes at a temperature of at least 120·c; or (b) By boiling it for not less than 2 hours; or (c) By some other equally efficient method of sterilisation approved by the Director-General. (2) Notwithstanding subclause (I) of this regulation . unsterilised an imal ma teria l m ay. with the approval of the Director-General and subject to such conditions as he m ay specify. he fed to fish on fish farms. (3) This regulation shall not apply to the feeding of animal material to eels or freshwater crayfish unless the eels or freshwater crayfish are fed with fish. 2• . Licensee to keep records and make returns- {I) The licensee of a fish fann shall keep full records, in a fonn approved by the Director­ General, of all fish raised on or transferred to th e fish fann and of all fish so ld or otherwise disposed of by the licensee. and shall m ake those records ava ilable for inspection by any officer at all reasonabl e tim es. (2) Not later than the 15th day of each month. the licensee of a fish fann shall forward to the Director-General a sales record showing the fish so ld or otherwise disposed of by the licensee during th e immediately preceding months. (3)Not later than the last day of February in each year afte r the first year of th e currency of the licence. the licens ee o f a fish fann shall forward to the Director-General a production record for the im mediately preceding year. (4) In so far as this regulation applies to fish farms used ex clusively for eels or freshwat er crayfish, no record of the numbers of th e eels or freshwater crayfish need be kep t. but records shall be kept of all transactions in respect of those eels and fres hwater crayfish. 25. Records 10 be maintained-lI) Every person carrying on the business of processing or dealing in fish fro m any fish farm sha ll maintain adequa te records of (a) The number and weight o f fish received each day at the premises: (b) The person from whom the fish were receiv ed : (c) The number an d weight of th e fish dispo sed o f eac h day at or from the pcemises (not being food premises): 1983 /278 Freshumter Fish Farming Regulatiom 19B} 11 Idl The processor or dealer to which any hsh were disposed. (2) Every person carrying on business as aforesaid shall at any time during his ordinary hours of business. on being requested to do so by any officer. or any Fishery Officer appointed under the Act produce for inspection by any such Officer all or any of the records required to be maintained under subclause (l ) of this regulation. (3) Every entry in the records required to be maintained under this regulation shall be identified by (a) The serial number of each container in which the fish are packed: (b) The number and weight of the fish pac ked in the container: (c) The date of packing (which da te may be in a code known to the Director-General). (4) Every person carrying on the business of processing or dealing in fish from any fish fann shall ensure tha t every container of the fish b ears a label or marking clearl y sho wing the number and weight of freshwater fish packed in the container an d a batch number. Any such bat ch number may be in a code known to the Director-Gen eral. PART III DISEASE CONTROL 26. Licensee to give notice of disease-e-Hl If the licensee of any fish fann knows or suspects that any fish kep t on the fish farm is or may be affected by any Category A disease specified as such from time to time by the Director-General by notice published in the Gazeue, or knows or suspects that any fish kept on the fish fann is or may be affected by any disease or condition he cannot identify, he shall. within 24 hours after the time when he discovers or first suspects the fish to be diseased, advise the Director-General, or the authorised officer specified in the licence for that purpose by the Director-General, and shall keep the fish diseased or suspected to be diseased from coming into con tact with othe r fish. (2) If the licensee of any fish farm knows or suspects that any fish kept on the fish farm is or may be affected by any Category B disease specified as such from time to time by the Director-Gen eral by not ice published in the Goiette, and the fish do not respond to treatm ent within 14 days after the time when he discovers or first suspec ts th e fish to be diseased, he sha ll. within 48 hours after the expiration of that period of 14 days, advise the Director-General or the authorised officer specified in the licence for that purpose by the Director-General, and sha ll keep the fish from coming into contact with other fish. (3) In any case to which subclause (l) or subc lause (2) of this regulation applies. no person shall allow any water in any pond containing any such diseased fish, except when the disease is known to be Saprolegnia, to be discharged into any natural waters from the time the disease is first discovered until the entire outflow of all the ponds containing the diseased fish has been passed through a properly operating treatme nt facility and has been treated to the satisfaction of an authorised officer. 27. Preventive or remedial action-{I) Any authorised officer may from time to time. by notice in writing to the licensee of a fish fann, (a) Require the licensee to carry o ut such act ion for the prevent ion of disease am on g the fish on the fish farm as is specified in the notice: 12 Freshumter FiJh Farming Regulations 198J 1983/278 (b) Where the officer believes on reasonable grounds that any fish on the fish fann is diseased. require the licensee to carry out such action for the treatment of the disease and the decontamination of any ponds and intake and outlet structures as is specified in the nonce. (2) Where an authorised officer believes on reasonable grounds that­ (a) The fish is affected by any disease specified in a Category A notice; or (b) The fish is affected by any disease specified in a Category B noti ce which cannot he treated effectively on the fish fann; or (c) The fish is affected by any other disease of such a nature as to require his urgent actione-s he may destroy any fish stocks affected , and may take such steps as he considers necessary to decontaminate any ponds and intake and outlet structures, or may. by notice in writing to the licensee, require him to destroy those fish stocks and take such steps as are specified in the notice to decontaminate those ponds and structures. (3) The licensee shall comply with every notice given to him under the foregoing provisions of this regulation. 28. Destruction of brood fish when genetic defects develop-e-If an authorised officer believes on reasonable grounds that any genetic defects have developed in any fish kept on a licensed fish farm, he may. with the concurrence in writing of the Director-General, destroy any brood fish on the farm from which those fish have been derived or with the like concurrence. by notice in writing to the licensee. require him to destroy the brood fish. and the licensee shall comply with the provisions or the notice. 29. No compensation fo r fish destroyed- No compensation sha ll be payable in respect of any fish destroyed by an authorised officer pursuant to subclause (2) of re~lation 27 or regulation 28 of these re~lations or pursuant to a not ice gIVen by an authorised officer under the said subclause (2) or regulation 27 or the said regulation 28. SO. Expenses incurred in destroying diseased fish and decontaminating ponds, etc.-Any expense properly incurred by an authorised officer in treating or destroying any diseased fish on a fish fann or in decontaminating any ponds or structures on any fish fann may be recovered from the licensee as a debt due to the Crown in any Court of competent jurisdiction. 8 I. Diseased fish not to be transferred- No person shall (a)Transfer any diseased fish from any fish fann to any other fish fann; or (b) Release into any waters any diseased fish kept on any fish fann. 32. Officers may tue specim ens for examination- Any authorised officer may at all reasonable times enter upon any licensed fish fann and any premises used for processing or dealing in fish from fish farms and, without payment of compensation, take for the purposes of examination a reasonable number of specimens of the fish and take samples of any food, water, soil. implements. or other relevant material kept thereon. 131983/2 78 Fteshuater Fish Farming Regulations 1983 PART IV MISCELlANEO US PRO VISIO NS SS. Inspection of fish fanns- Subjeet to section 79 of the Act, any Officer may at all reasonable times enter any fish farm or premises used for processing or dealing in fish from a fish farm and inspect any fish, fish pond. animal material. equipment. structures, and facilities thereon or belonging thereto and all records required to be kept pursuant to these regulations. 54. Obstructing officer-Every person commits an offence against these regulations who obstructs. hinders. threatens. or assaults any Officer in the exercise of his powers under these regulations. 55. Ofl'ences-( I) Every person commits an offen ce against these regulations who. without lawful excuse, proof of which eXQ1Se shall lie on him . acts in contravention of or fails to comply with any provisio n of these regulations or who fails to comply with any condition of a licence issued under these regulations. (2) Every person who commits an offence against these regu lations is liable on summary conviction to a fine not exceeding $5,000. and , if the offence is a continuing offence, a further fine not exceeding 550 for each day or pan of a day during which the offence has continued. 36. Cancellation of licence on convictlon-e-II) w here any licensee is convicted of an offence a~ainst regu lation 17. regulation 21 (2), rel?ulation 26, regu lation 27, regu lauon 28, or regulation 31 of these regulations, or of an offence by way of failing to comply with any condition of a licence imposed pursuant to regulation 9 of these regulations, his licence shall be deemed to be cancelled and shall thereupon be void and of no effect. (2) In proceedings against any licensee for any offence referre d to in subdause (I ) of this regulation , it shall be a defence if the licensee proves that the act or omission constit ut ing the offence was committed by an employee of the licensee withou t the consent of the licensee an d in breach of written instru ctions given to the employee of the licensee. (3)Where any licensee is convicted of an offence against these regulations (not being an offence specified in subdause (l) of this regu lation), the Court in its discretion , in add ition to or instea d of impos ing any fine in resl' ect of the offence. may cancel the licen ce, and thereupon the licence shal be void and of no effect. P. G. MILLEN, Clerk of the Executi ve Council. 14 Freshuater Full Farmmg Regu lat ions IY &J EXPLANATORY NOTE 19X ~127S This '10ft' iJ rIOt part oj rh, rrgulatiom, but u mtmded to indicate thnr grnnal tj/tcl . Th ese regulations consolida te, with minor amendme nts, the Freshwater Fish Fanning Regulations 1972 and their amendments. Issued under the authority of the Regu la tions Act 1936. Dale of nonficauon in Gauue: 21 December 1983. These regulations art' administered in the ~lin is lTY of Agri<l.lltllT(· and Fishrrif's. Wtl l l' (.l!I' :-.;, \\ It ''lA,n Primed under the ,lIUthor'ily of the ~(''' u.lland Oocernmeor by P. D. H'S~Ultll.l.>. Oovemmenr Prinler-191j3