Additional resources
Legislation about noxious and non-indigenous fish
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Noxious fish
Federal
- All fish declared noxious in Queensland, except the Chinese weatherloach
(Misgurnus anguillicaudatus) and the climbing perch (Anabus testudies),
are a prohibited import under the Wildlife Protection (Regulation of
Exports and Imports) Act 1982 (Cwlth). The overseas export of carp (whether
alive or dead) does not require a permit under the Act.
- The Quarantine Act 1908 (Cwlth) relates to primary production,
especially exotic pests and diseases. It provides power to prohibit imports,
enter, seize and dispose.
- Endangered Species Protection Act 1992 (No. 194) (Cwlth) requires
the development of Threat Abatement Plans for key threatening processes.
A key threatening process is a process that threatens or may threaten the
survival, abundance or evolutionary development of a native species or ecological
community. No fish are currently listed as key threatening processes under
Section 3 of the Act. However, the Minister can add to this list at his/her
discretion.
State
- Noxious fish are listed under schedule 5A of the Fisheries Regulation
1995.
- Carp have been declared noxious in Queensland, Victoria and Tasmania (not
referred to as noxious but rather as a controlled species).
- Tilapias have been declared noxious in Queensland, Victoria, the Northern
Territory and New South Wales.
- Gambusia has been declared noxious in Queensland.
- Hybrids of declared noxious fish are also considered noxious under the
Fisheries Regulation 1995.
- Under the Fisheries Act 1994 (Qld), and Fisheries Regulation
1995:
- Without a permit, it is unlawful to bring noxious fish or cause noxious
fish to be brought into Queensland (Division 5, Section 89). Possessing,
rearing, selling or buying noxious fish is unlawful. Releasing, or causing
noxious fish to be placed or released in Queensland waters is unlawful.
- Without a permit, it is an offence to take or possess noxious fish,
either alive or dead (Division 5, Section 92(1)). A person who takes
or possesses noxious fish is required to immediately destroy the fish
and notify an inspector of the destruction within two business days
of taking or first possessing them; or immediately give the fisheries
resources to an inspector; or immediately notify an inspector of taking
or possessing noxious fish.
- A penalty of up to $150 000 is payable.
- A fisheries agency may order an inspector to take and remove or destroy
noxious fisheries resources, even though other fisheries resources,
plants and
property may be destroyed. The costs incurred by a fisheries
agency in taking these actions may be payable by the person who committed
the offence, additional to any penalty incurred.
- It is proposed that the Act be amended so that it is not an offence to
possess dead noxious or non-indigenous fisheries resources. However, it
would still be an offence to place noxious or non-indigenous fisheries resources
(alive or dead) into Queensland waters or use them as bait.
Non-indigenous fish
Federal
- All fish are a prohibited import unless they are listed on Schedule 6
of the Wildlife Protection (Regulation of Exports and Imports) Act 1982
(Cwlth).
- The Quarantine Act 1908 (Cwlth) relates to primary production,
especially exotic pests and diseases. It provides power to prohibit imports,
enter, seize and dispose.
- Endangered Species Protection Act 1992 (No. 194) (Cwlth) requires
the development of Threat Abatement Plans for key threatening processes.
A key threatening process is a process that threatens or may threaten the
survival, abundance or evolutionary development of a native species or ecological
community. No fish are currently listed as key threatening processes under
Section 3 of the Act. However, the Minister can add to this list at his/her
discretion.
State
- Under the Fisheries Act 1994 (Qld), and Fisheries Regulation
1995:
- It is unlawful to possess, rear, sell or buy non-indigenous fish and
bring them, or cause them to be brought, into Queensland without an
authority, unless they are listed on Schedule 6 of the Fisheries
Regulation 1995 (Section 80 Fisheries Regulation 1995) Without
an authority it is unlawful to release non-indigenous fish or cause
them to be released in Queensland waters unless they are listed on Schedule
6 of the Fisheries Regulation 1995 and are released into waters
other than waters on unallocated state land and are kept in a way preventing
their escape into other waters.
- A penalty of up to $150 000 is payable.
- A fisheries agency may order an inspector to take and remove or destroy
non-indigenous fisheries resources even though other fisheries resources,
plants and property may be destroyed. The costs incurred by a fisheries
agency in taking these actions may be payable by the person who committed
the offence, additional to any penalty incurred.
- The current list of fish which may be possessed, reared or sold in Queensland
without an authority (Schedule 6, Fisheries Regulation 1995, Queensland)
is believed to account for less than a third of the species potentially
present in the community (not necessarily in the wild). Most of these fish
species have not undergone formal assessment to determine their disease
or pest risk status. In response to this, there is a review pending at a
Federal level to update Schedule 6 of prescribed non-indigenous species.
Should this review not go ahead, it is proposed that a similar review be
initiated at a State level.
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