Fish Resources Management Amendment Regulations (No. 5) 2013 (WA)

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!2013175GG!

WESTERN 4437
AUSTRALIAN
GOVERNMENT

ISSN 1448-949X PRINT POST APPROVED PP665002/00041

PERTH, TUESDAY, 24 SEPTEMBER 2013 No. 175 SPECIAL
PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.45 PM
© STATE OF WESTERN AUSTRALIA

Fish Resources Management Act 1994

Fish Resources Management Amendment

Regulations (No. 5) 2013

Made by the Governor in Executive Council.
1. Citation

These regulations are the Fish Resources Management
Amendment Regulations (No. 5) 2013.

2. Commencement
These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these
regulations are published in the Gazette;

(b) the rest of the regulations — on the day after that day.

3. Regulations amended

These regulations amend the Fish Resources Management
Regulations 1995.

4. Regulation 3 amended
In regulation 3(1) insert in alphabetical order:
scheduled fish disease means a disease mentioned in
Schedule 17;

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5. Regulation 66 amended

In regulation 66(d)(i) delete “disease specified in Schedule 1 to
the Enzootic Diseases Regulations 1970; or” and insert:
scheduled fish disease; or

6. Regulation 69 amended

In regulation 69(d)(i) delete “disease specified in Schedule 1 to
the Enzootic Diseases Regulations 1970; or” and insert:
scheduled fish disease; or

7. Parts 13A and 13B inserted
After Part 12 insert:

Part 13A — Control of disease in pearl oysters

144A. Terms used

(1) In this Part —
approval to transport means approval given under
regulation 144G(1);
approved means approved by the CEO;
batch has the meaning given in the Pearling (General)
Regulations 1991 regulation 3(1);
certificate of health means a certificate issued under
regulation 144F;
destroy means to entirely consume by fire or to bury in
the ground at a depth of not less than 183 cm;

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disease means, subject to subregulation (2) —

(a) a disease mentioned in Schedule 18; or

(b)

a disease that is not mentioned in Schedule 18, but appears not to be an exotic disease within the meaning given in the Exotic Diseases of Animals Act 1993 section 4(1);

disinfect means to expose to an approved agent or
preparation capable of destroying pathogenic
organisms;
farm lease has the meaning given in the Pearling
Act 1990 section 3(1);
hatchery has the meaning given in the Pearling
(General) Regulations 1991 regulation 3(1);
hatchery licence has the meaning given in the Pearling
Act 1990 section 3(1);
hatchery permit has the meaning given in the Pearling
Act 1990 section 3(1);
inspector has the meaning given in the Pearling
Act 1990 section 3(1);
length has the meaning given in the Pearling (General)
Regulations 1991 regulation 3(1);
pearl oyster farm has the meaning given in the
Pearling Act 1990 section 3(1);
quarantine site has the meaning given in the Pearling
(General) Regulations 1991 regulation 3(1);
settlement has the meaning given in the Pearling
(General) Regulations 1991 regulation 3(1);
spat has the meaning given in the Pearling (General)
Regulations 1991 regulation 3(1);
spat collector has the meaning given in the Pearling
(General) Regulations 1991 regulation 3(1);

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Western Australian pearl oyster fishery means the
waters so defined in the Pearling (Joint Authority
Pearl Oyster Fishery) (Declaration of Zones) Notice
1992;
zone has the meaning given in the Pearling Act 1990
section 3(1).

(2) A reference in this Part to disease includes a reference
to —

(a) the presence of signs of disease; and

(b)

the presence of the causative agent of disease; and

(c)

test results consistent with the presence of disease or the presence of the causative agent of disease; and
(d) other evidence of disease,

and diseased has a corresponding meaning.

144B. Transport of pearl oysters into the State

(1) A person shall not transport live pearl oysters in the
State unless —

(a)

the pearl oysters are of Western Australian origin; or
(b) the transportation is authorised by the CEO.

Penalty: a fine of $5 000.

(2) In this regulation pearl oysters are of Western
Australian origin if —

(a)
in the case of hatchery produced spat, the spat 2 or 3 of the Western Australian pearl oyster fishery; or

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(b)

in the case of spat collected from a spat collector, the spat collector is located in zone 1, 2 or 3 of the Western Australian pearl oyster fishery; or

(c)

in the case of pearl oysters taken from the wild, the pearl oysters were taken from zone 1, 2 or 3 of the Western Australian pearl oyster fishery.

144C. Spat samples to be taken, preserved etc.

(1) The holder of a hatchery licence or a hatchery permit
shall take a sample from each batch of spat that is
settled in the hatchery —

(a) within 4 days of the end of settlement; and
th

(b) every subsequent 14 day, unless a certificate
of health is in force in respect of the batch; and

(c)

not more than 24 hours before the spat is moved out of the hatchery.

(2) A sample taken for the purposes of subregulation (1) is
to be —

(a) a random sample of not less than —
(i) for a sample taken under subregulation (1)(a) or (b), 50 spat; or

(ii)
for a sample taken under which is 2 mm or more in length;

and

(b)

preserved in a solution of between 5% and 10% of formalin in sea water; and

(c)

stored in the manner directed by an approved fish pathologist and labelled with the date the sample was taken and the batch number; and

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(d) retained —
(i) if the batch of spat is taken from the hatchery to a quarantine site, until all spat from that batch have been removed from the quarantine site; or
(ii) otherwise, for 6 weeks.

(3) A person shall not tamper with a sample taken
under this regulation.
Penalty: a fine of $5 000.

144D. Transport of pearl oysters restricted

(1) Except as provided in subregulation (2), a person shall
not transport pearl oysters —

(a) out of a hatchery; or
(b) off a quarantine site; or

(c)

out of a zone of the Western Australian pearl oyster fishery.

Penalty: a fine of $5 000.

(2) Subregulation (1) does not apply if —

(a)

there is a certificate of health in force in relation to the pearl oysters; or

(b)

the pearl oysters are transported in accordance with an approval to transport.

144E. Sampling for disease testing

(1) A sample of pearl oysters that is to be submitted to an
approved fish pathologist for disease testing is to be —

(a)

a random sample of as many pearl oysters as an approved fish pathologist reasonably requires for testing; and

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(b)

treated and preserved in the manner directed by an approved fish pathologist.

(2) A person shall not submit a sample of hatchery
produced spat for disease testing unless the sample was
taken —

(a)

at least 40 days after the completion of settlement of that batch; and

(b)

when the majority of the spat in the batch are 2 mm or more in length.

(3) An inspector may supervise the taking of samples
under this regulation.
(4) A person shall not tamper with a sample taken under
this regulation.
Penalty: a fine of $5 000.
(5) A person submitting a sample for disease testing shall
also provide to the approved fish pathologist —

(a)

a copy of the relevant Notice of Settlement of Spat or Notice of Pearling or Hatchery Activity lodged under the Pearling (General) Regulations 1991; and
(b) either —

(i)
particulars in writing of any disease, of pearl oysters; or
(ii) a declaration, in the form of Form 8, that no such mortality has occurred and no signs of clinical disease have been seen,

at the hatchery, quarantine site or other place where the pearl oysters are being held, during the previous 12 months.

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(6) An approved fish pathologist may require a person
submitting a sample for disease testing to —

(a)

produce for inspection logbooks and other records kept by the holder of the relevant hatchery licence or hatchery permit; and

(b)

provide any other information relating to the health standards of the hatchery, quarantine site, or place where the pearl oysters are being
held, that the pathologist considers relevant;
and

(c)

provide such further samples of pearl oysters as are required for further testing.

(7) A person submitting a sample for disease testing must
comply with a requirement under subregulation (6).
Penalty: a fine of $5 000.

144F. Certificates of health for pearl oysters

(1)

An approved fish pathologist may issue a certificate of health in relation to pearl oysters if the pathologist has tested, in accordance with subregulation (5), a sample
of those pearl oysters and is satisfied that —

(a)

the sampled pearl oysters are in good health; and

(b)

there is no evidence of an unacceptable level of unexplained mortalities or clinical disease among pearl oysters at that hatchery, quarantine site or other place where the pearl oysters are being held, in the preceding 12 months.

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(2)

For the purposes of subregulation (1) a sample of pearl oysters is in good health if there is no evidence, among
the sampled pearl oysters, of —
(a) any —
(i) virus; or
(ii) protozoan (other than symbiotic or opportunistic protozoa); or

(iii) metazoan parasites; or
(iv) fungal infection; or
(v) bacteria; or
(vi) rickettsiales,
that is —
(vii) associated with lesions, necrosis or inflammation of pearl oysters; or

(viii) known or suspected to be pathogenic to
pearl oysters;
or
(b) unexplained lesions; or

(c)

an unacceptable level of unexplained mortalities.

(3) A certificate of health remains in force for 2 weeks
from the day on which it is issued unless, before then,
it ceases to be in force under regulation 144K.
(4) A certificate of health is to be in the form of Form 9.
(5) The tests required by subregulation (1) to be carried out
on a sample of pearl oysters are —

(a)
formalin-seawater fixed pearl oysters as an
approved fish pathologist reasonably requires
for testing using haematoxylin and eosin
a histological examination of as many embedded tissue; and

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(b)

any other test that the pathologist considers appropriate.

144G. Approval for transport of pearl oysters

(1) The CEO may, in writing, approve the transport of
pearl oysters if —

(a)

an approved fish pathologist has tested, in accordance with regulation 144F, a sample of those pearl oysters; and
(b) the fish pathologist —
(i) is not satisfied of the matters referred to in regulation 144F(1)(a) because of the presence of oyster oedema disease in the
sample; or
(ii) is not satisfied of the matters referred to in regulation 144F(1)(b) because of the presence of oyster oedema disease

among pearl oysters at the hatchery,
quarantine site or other place where the
pearl oysters are being held, in the
preceding 12 months.

(2) An approval to transport remains in force for 2 weeks
from the day on which it was given unless, before then,
it ceases to be in force under regulation 144K.

144H. Consequences if certificate of health not issued

(1) Where a sample of pearl oysters is submitted for
disease testing but the approved fish pathologist is not
satisfied of the matters referred to in
regulation 144F(1)(a) and (b) the pathologist is to give
written notice to the person who submitted the
sample —

(a)

stating that a certificate of health will not be issued in relation to the pearl oysters; and

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(b) setting out the reasons why not; and
(c) advising the person that if the reason for not issuing the certificate of health is the presence of oyster oedema disease in the sample, he or she may apply to the CEO for an approval to
transport the pearl oysters —
(i)      out of a hatchery; or
(ii)      off a quarantine site; or
(iii)      out of a zone of the Western Australian pearl oyster fishery.

(2) Unless otherwise authorised by the CEO a person
given a notice under subregulation (1) shall —

(a) within 24 hours of receiving the notice destroy, under the supervision of an inspector and in a
manner approved by the CEO —
(i) all pearl oysters being held in the hatchery, quarantine site or other place from which the sample was taken; and
(ii) such other pearl oysters as the CEO directs;

and

(b)

clean, disinfect and treat all equipment used in relation to the pearl oysters, in a manner approved by the CEO; and

(c)

where the pearl oysters are in a hatchery, clean, disinfect and treat all water used in the hatchery, in a manner approved by the CEO.

(3) An inspector may give such additional directions as the
inspector considers appropriate in relation to —

(a) the destruction of the pearl oysters; and

(b)

the cleaning, disinfecting or treatment of water and equipment; and
(c) the prevention or containment of disease.

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144I. Pathologist to notify inspector as to certificate of
health
An approved fish pathologist to whom a sample of
pearl oysters is submitted for disease testing is to notify
an inspector in Broome within 24 hours of —

(a) issuing a certificate of health; or

(b)

determining that the pathologist is not prepared to issue a certificate of health,

in respect of the pearl oysters.

144J. CEO to notify approval to transport
Within 24 hours after giving an approval to transport
pearl oysters, the CEO is to give notice of that approval

to — (a) an inspector; and

(b)

the fish pathologist who tested the sample of pearl oysters to which the approval relates.

144K. Consequences of more than one batch of spat at
quarantine site

(1)

If a batch of spat is moved to a quarantine site at which there is already a batch of spat, any certificate of health or approval to transport in force in respect of that
existing batch ceases to be in force.

(2)

If 2 or more batches of spat are kept on a quarantine site at the same time, the holder of the farm lease for the pearl oyster farm on which the quarantine site is
located —

(a)

shall keep the batches separate in an approved manner; and

(b)

shall sample all of the batches simultaneously; and

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(c)

must not submit a sample for disease testing unless it was taken at least 6 weeks after the arrival of the most recent batch.

(3) If an approved fish pathologist is not satisfied of the
matters referred to in regulation 144F(1)(a) and (b) in
relation to a sample from one batch held on a
quarantine site —

(a)

the pathologist is not to issue a certificate of health in respect of any of the other batches held on the quarantine site; and

(b)

is to give a notice under regulation 144H(1) in respect of each of those other batches, even if the pathologist has not tested them.

144L. Removal of spat from quarantine site

The holder of the farm lease for a pearl oyster farm on which a quarantine site is located is to remove all spat
in a batch from the quarantine site —

(a)

by the next 31 December after the batch is moved to the quarantine site; or

(b)

within 3 months of the batch being moved to the quarantine site,

whichever occurs first.
Part 13B — Control of disease in abalone

144M. Restriction on moving live abalone into the State
No person shall move live abalone into the State,
except —

(a) with the written approval of the CEO; and

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(b) in compliance with any terms, conditions and restrictions set out in the written approval.

8. Regulation 177 amended

In regulation 177(2)(a) delete “disease specified in Schedule 1
to the Enzootic Diseases Regulations 1970; or” and insert:
scheduled fish disease; or

9. Schedule 14 amended
After Schedule 14 Form 7 insert:

Form 8

[r. 144E(5)(b)(ii)]
Fish Resources Management Act 1994
DECLARATION REGARDING
MORTALITY AND DISEASE OF PEARL OYSTERS
Name: __________________________________________________
Address: ________________________________________________
_______________________________________________________
Phone no: _______________________________________________
I declare that:
1. The sample of pearl oysters with which this declaration is submitted was taken on _____________________ from pearl oysters being held at (location of hatchery, quarantine site etc.) __________________________________________________
__________________________________________________

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2. No unexplained mortalities have occurred, and no signs of clinical disease have been seen, in the last 12 months among pearl oysters being held at that place.

Signature: _____________________
Date: _________________________

Form 9

[r. 144F(4)]
Fish Resources Management Act 1994
CERTIFICATE OF HEALTH — PEARL OYSTERS
Name: __________________________________________________
Address: ________________________________________________
________________________________________________________
Phone no: _______________________________________________
I am an approved fish pathologist and certify that:

1.
oysters marked ______________________ which was taken
from pearl oysters being held at (location of hatchery,
quarantine site etc.) __________________________________
This certificate has been issued in respect of a sample of pearl on _____________ by _________________________________
2. I have no reason to doubt the information given as to the origins of the pearl oysters or the levels of mortality or clinical disease in the hatchery, quarantine site or other place where the pearl oysters are being held.

3. The following tests were carried out for clinical disease or significant pathogens.

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Test Number Date Result
tested
4. No clinical disease or significant pathogen was detected in the sample.

5.* The following genetic tests were carried out _______________
___________________________________________________
with the following results ______________________________
___________________________________________________
and no genetic components not of Western Australian origin
were detected.
* Delete if inapplicable.
Signature: ____________________________
Approved fish pathologist

Date: ________________________________
OFFICE USE ONLY
1. AHL No: ________________________________________
2. Name of licensee or permit holder: ___________________

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10. Schedules 17 and 18 inserted
After Schedule 16 insert:
Schedule 17 — Fish diseases
[r. 3]

Division 1 — Diseases of crustaceans

Crayfish plague
GAV/LOV virus of prawns
Infectious hypodermal and haemopoietic necrosis virus
Infectious myonecrosis
Microsporidiosis
Milky haemolymph diseases of spiny lobster (Panulirus spp.)
Monodon slow growth syndrome
Necrotising hepatopancreatitis
Taura syndrome
White spot disease
White tail disease
Yellowhead disease
Division 2 — Diseases of molluscs

Abalone viral ganglioneuritis
Abalone viral mortality
Acute viral necrosis in scallops
Akoya oyster disease

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Bonamiosis
Haplosporidiosis
Infection with Bonamia ostreae
Infection with Bonamia exitiosa
Infection with Marteilia refringens
Infection with Marteilioides chungmuensis
Infection with Perkinsus marinus
Iridovirus
Marteiliosis
Mikrocytosis (Mykrycytois mackini)
Perkinsosis
Withering syndrome of abalone
Division 3 — Diseases of other fish

Aeromonas salmonicida infection (Goldfish ulcer disease)
Aeromonas salmonicida infection (Furunculosis)
Bacterial kidney disease (Renibacterium salmoninarium)
Channel catfish virus disease
Enteric redmouth disease (Yersinia ruckeri)
Enteric septicaemia of catfish (Edwardsiella ictaluri)
Epizootic haematopoietic necrosis — European catfish virus
Epizootic haemopoietic necrosis (Redfin virus)
Epizootic ulcerative syndrome
European sheatfish virus
Grouper iridoviral disease

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Gyrodactylosis (Gyrodactylus salaris)
Herpesvirus infection of Koi carp
Infectious haematopoietic necrosis
Infectious pancreatic necrosis
Infectious salmon anaemia
Piscirickettsiosis
Red sea bream iridoviral disease
Spring viraemia of carp
Viral encephalopathy and retinopathy
Viral haemorrhagic septicaemia
Whirling disease of salmonids
Schedule 18 — Diseases of pearl oysters
[r. 144A]

Akoya oyster disease
Bonamiosis
Haplosporidiosis
Infection with Bonamia ostreae
Infection with Bonamia exitiosa
Infection with Marteilia refringens
Infection with Marteilioides chungmuensis
Infection with Perkinsus marinus
Iridovirus
Marteiliosis

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Mikrocytosis (Mykrycytois mackini)
Oyster oedema disease
Perkinsosis

By Command of the Governor,
G. MOORE, Clerk of the Executive Council.

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Fish Resources Management Amendment Regulations (No. 5) 2013 (WA)

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(1)	In this Part —
*approval to transport* means approval given under regulation 144G(1);
*approved* means approved by the CEO;
*batch* has the meaning given in the Pearling (General) Regulations 1991 regulation 3(1);
*certificate of health* means a certificate issued under regulation 144F;
*destroy* means to entirely consume by fire or to bury in the ground at a depth of not less than 183 cm;

WESTERN	4437
AUSTRALIAN
GOVERNMENT
ISSN 1448-949X	PRINT POST APPROVED PP665002/00041

(a)	a disease mentioned in Schedule 18; or
(b)	a disease that is not mentioned in Schedule 18, but appears not to be an exotic disease within the meaning given in the Exotic Diseases of Animals Act 1993 section 4(1);

(2)	A reference in this Part to disease includes a reference
to —

(a)	the presence of signs of disease; and
(b)	the presence of the causative agent of disease; and
(c)	test results consistent with the presence of disease or the presence of the causative agent of disease; and

(1)	A person shall not transport live pearl oysters in the
State unless —

(a)	the pearl oysters are of Western Australian origin; or
(b)	the transportation is authorised by the CEO.

(2)	In this regulation pearl oysters are of Western
Australian origin if —

(b)	in the case of spat collected from a spat collector, the spat collector is located in zone 1, 2 or 3 of the Western Australian pearl oyster fishery; or
(c)	in the case of pearl oysters taken from the wild, the pearl oysters were taken from zone 1, 2 or 3 of the Western Australian pearl oyster fishery.

(1)	The holder of a hatchery licence or a hatchery permit shall take a sample from each batch of spat that is
settled in the hatchery —

(2)	A sample taken for the purposes of subregulation (1) is
to be —

(b)	preserved in a solution of between 5% and 10% of formalin in sea water; and
(c)	stored in the manner directed by an approved fish pathologist and labelled with the date the sample was taken and the batch number; and

(1)	Except as provided in subregulation (2), a person shall
not transport pearl oysters —

(a)	out of a hatchery; or
(b)	off a quarantine site; or
(c)	out of a zone of the Western Australian pearl oyster fishery.

(a)	there is a certificate of health in force in relation to the pearl oysters; or
(b)	the pearl oysters are transported in accordance with an approval to transport.

(1)	A sample of pearl oysters that is to be submitted to an
approved fish pathologist for disease testing is to be —

(2)	A person shall not submit a sample of hatchery produced spat for disease testing unless the sample was
taken —

(a)	at least 40 days after the completion of settlement of that batch; and
(b)	when the majority of the spat in the batch are 2 mm or more in length.

(3)	An inspector may supervise the taking of samples under this regulation.
(4)	A person shall not tamper with a sample taken under this regulation.
Penalty: a fine of $5 000.
(5)	A person submitting a sample for disease testing shall
also provide to the approved fish pathologist —

(6)	An approved fish pathologist may require a person
submitting a sample for disease testing to —

(a)	produce for inspection logbooks and other records kept by the holder of the relevant hatchery licence or hatchery permit; and
(b)	provide any other information relating to the health standards of the hatchery, quarantine site, or place where the pearl oysters are being
held, that the pathologist considers relevant; and
(c)	provide such further samples of pearl oysters as are required for further testing.

(1)	An approved fish pathologist may issue a certificate of health in relation to pearl oysters if the pathologist has tested, in accordance with subregulation (5), a sample
of those pearl oysters and is satisfied that —

(a)	the sampled pearl oysters are in good health; and
(b)	there is no evidence of an unacceptable level of unexplained mortalities or clinical disease among pearl oysters at that hatchery, quarantine site or other place where the pearl oysters are being held, in the preceding 12 months.

(2)	For the purposes of subregulation (1) a sample of pearl oysters is in good health if there is no evidence, among
the sampled pearl oysters, of —

(viii)	known or suspected to be pathogenic to pearl oysters;
or

(3)	A certificate of health remains in force for 2 weeks from the day on which it is issued unless, before then, it ceases to be in force under regulation 144K.
(4)	A certificate of health is to be in the form of Form 9.
(5)	The tests required by subregulation (1) to be carried out
on a sample of pearl oysters are —

(1)	The CEO may, in writing, approve the transport of
pearl oysters if —

(1)	Where a sample of pearl oysters is submitted for disease testing but the approved fish pathologist is not satisfied of the matters referred to in regulation 144F(1)(a) and (b) the pathologist is to give written notice to the person who submitted the
sample —

(b)	setting out the reasons why not; and
(c)	advising the person that if the reason for not issuing the certificate of health is the presence of oyster oedema disease in the sample, he or she may apply to the CEO for an approval to

(2)	Unless otherwise authorised by the CEO a person
given a notice under subregulation (1) shall —

(b)	clean, disinfect and treat all equipment used in relation to the pearl oysters, in a manner approved by the CEO; and
(c)	where the pearl oysters are in a hatchery, clean, disinfect and treat all water used in the hatchery, in a manner approved by the CEO.