PAB Permit Policy Statement

Introduction

Protected Aquatic Biota (PAB) are declared under section 69 of the Fisheries Act 1995 (Fisheries Act). Currently, two taxa are declared as protected aquatic biota Syngnathidae (i.e. seahorses, pipefish and seadragons) and great white shark (Carcharodon carcharias). The great white shark is also protected under the Flora and Fauna Guarantee Act 1988 (FFG Act).

Under section 72 of the Fisheries Act, the Secretary may issue a permit to a person to take, injure, damage, destroy, possess, keep, display for reward, release into Victorian water or sell protected aquatic biota upon:

the application of a person who satisfies the prescribed eligibility criteria (see below); and
the payment of any fee payable in respect of the issue of the permit.

In considering whether to issue a permit, the Secretary must have regard to:

any relevant management plan; or
if there is no relevant management plan, the welfare of any relevant fishery or aquatic ecosystem.

The Secretary may refuse to issue a permit if the applicant has been convicted of an offence under the Fisheries Act, the Fisheries Act 1968, the Wildlife Act 1975, the FFG Act or a law of the Commonwealth or of another State or of a Territory that corresponds to any of those Acts.

A permit can be issued for a maximum of three years as determined by the Secretary.

The Secretary, by notice served on the permit holder, may revoke the permit if the holder has contravened any of the Acts specified above or any of the conditions of the permit.

Before revoking a permit, the Secretary must:

give notice of the proposal to the permit holder, specifying:
1. the grounds for the proposed revocation; and
2. that the person may make written or oral submissions about the matter within 28 days after the date of service of the notice;
consider any submissions made in accordance with the above paragraph.

The decision to revoke a PAB permit is not an appealable decision.

Eligibility criteria

Under regulation 638A of the Fisheries Regulations 1998, the eligibility criteria that an applicant for a protected aquatic biota permit must satisfy are:

the applicant is carrying out the activity on behalf of a tertiary education institution, a scientific institution, a research institution or a public museum and the activity is directly related to the work of that institution or museum; or
the applicant is a student of a tertiary education institution and the activity is directly related to research to be carried out by the student in the course of his or her education at that institution; or
the applicant is, or is acting on behalf of a person who is, authorised under the Act to conduct an aquaculture activity that relates to the protected aquatic biota and the application is to facilitate that activity; or
the applicant is responsible for the preparation of an environment effects statement or a supplementary statement under the Environment Effects Act 1978 (Environment Effects Act) and the activity is necessary for or related to the preparation of that statement; or
the applicant is authorised by a consent under the Coastal Management Act 1995 (Coastal Management Act) to carry out a dredging operation that may affect the protected aquatic biota and the application relates to that activity.

Authorised activities

Great white shark

All applications for a permit relating to great white shark will be forwarded to the Department of Sustainability and Environment (DSE). As this species is also listed under the FFG Act and DSE is the lead agency on protected species, DSE is the appropriate agency to consider permit applications relating to great white shark.

Syngnathids

The status of the Victorian populations of syngnathid species remain unknown. A recent journal article suggests the practice of collecting a small number of gravid male weedy seadragons is likely to be sustainable (MartinSmith and Vincent, 2006). To date, legal exploitation of weedy seadragon has been confined to a few permit holders authorised to collect a small number of animals.

Due to the uncertainty about population status and because syngnathids are protected under the Environment Protection and Biodiversity Conservation Act 1999, the take of any syngnathids from the wild will be kept to an absolute minimum.

Where possible, applicants will be required to obtain syngnathids from alternative sources (e.g. aquaculture).

Commercial harvest

Commercial harvest of syngnathids from the wild is not permitted in Victoria as it is considered inconsistent with their protection status. In this context, commercial harvest is defined as onselling the individuals taken from the wild, and does not include the production and sale of offspring from those animals taken from the wild. Take from the wild is only permitted for the purposes of research, aquaculture, and display by public museums.

Aquaculture

If a person wishes to breed syngnathids, they will require both a PAB permit and an aquaculture licence.

Syngnathids collected from the wild for broodstock purposes cannot be sold, as this would, in effect, allow for their commercial harvest. Return of spent broodstock back into the wild will be subject to assessment by the Translocation Evaluation Panel.

Some seahorse species are cultured, with successful aquaculture techniques becoming more widely available. Although some organisations have successfully bred captive weedy seadragons, the technology is not well developed and results are inconsistent. In the short term, the department will permit the collection of syngnathids from the wild to allow the aquaculture industry and public museums time to develop proven techniques to breed syngnathids without the ongoing need for wild broodstock. The department will review this policy after five years of operation and consider whether to issue permits for the collection of any syngnathids from the wild.

Take of syngnathids from the wild for the purposes of aquaculture will be capped annually at four individuals of each species per breeder (including gravid specimens), unless an applicant is able to demonstrate, to the satisfaction of the Secretary or delegate:

the take is sustainable;
the proposal is of general benefit to the community; and
a commitment to monitor and report on the population status of the relevant species in the wild.

Where possible, each permit holder will be required to collect the syngnathids from different sites to minimise localised impacts on populations.

The issuing of any new permits will consider the total level of permitted take in the area or statewide. When the total level of take is considered unsustainable, the permit will be refused.

When selling syngnathid progeny, the permit holder will be required to create a document outlining:

their name and address,
the date of the sale,
the species of syngnathid and quantity of each and,
a unique identifying number generated from a sequential system of numbering the record of the sale (i.e. a receipt number).

They must provide a copy of the document to the purchaser of the syngnathids at or before the sale.

When selling the syngnathid by consignment, the person must make sure that a copy of the document accompanies the consignment.

The permit holder must keep a copy of the document themselves for three years and, if asked to do so by an authorised officer or member of the police force, produce the document for inspection.

Note, export of syngnathids requires approval by the Commonwealth Department of the Environment and Water Resources.

Ornamental/private use

Sale of syngnathids

Under Fisheries legislation, a person may sell syngnathids without the need for a permit provided that the person has not obtained the syngnathids from Victorian waters and, before selling the syngnathids, they create a document outlining:

their name and addres
the date of the sale,
the species of syngnathid and quantity of each and,
a unique identifying number generated from a sequential system of numbering the record of the sale (i.e. a receipt number).

They must provide a copy of the document to the purchaser of the syngnathids at or before the sale.

When selling the syngnathid by consignment, the person must make sure that a copy of the document accompanies the consignment.

The person must keep a copy of the document themselves for three years and, if asked to do so by an authorised officer or member of the police force, produce the document for inspection.

Purchasing and keeping syngnathids

A person may purchase or possess a syngnathid for personal use (e.g. as a pet) without a permit provided the person does not take the syngnathids from Victorian waters and, on purchasing or receiving syngnathids, obtains a copy of the document described above from the seller.

The purchaser/receiver of the syngnathids must keep a copy of the document for a period of three years and produce the document if asked by an authorised officer or member of the police force.

Research

Applications for research involving the collection of syngnathids from the wild will be considered on a case-by-case basis. The collection of syngnathids from the wild or research that directly leads to the death of the animals will be discouraged.

If permitted, each permit holder will be required to collect the syngnathids from different sites, where possible, to minimise localised impacts on populations.

Public Display

The take of syngnathids from the wild will be capped annually at a maximum of five individuals of each species per public museum (including gravid specimens). Public museums will be required to demonstrate that the supply of stock is not available from alternative, legal sources (e.g. aquaculture).

Where possible, each permit holder will be required to collect the syngnathids from different sites to minimise localised impacts on populations.

Education

Take of syngnathids from the wild will not be permitted for primary or secondary education purposes. Permit applicants will be directed to obtain the individuals from alternative authorised sources, including aquaculture. As no take from the wild will be permitted, a permit is not required for education purposes but institutions must abide by the requirements outlined above under Ornamental/private use.

Activities authorised under the Environment Effects Act 1978 or Coastal Management Act 1995

Permits can be issued for the incidental taking,injuring and killing of syngnathids that could result from an activity subject to an environment effects statement (EES) or supplementary EES under the Environment Effects Act.

Permits can also be issued for incidental taking, injuring and killing of syngnathids as a result of dredging authorised by a consent under the Coastal Management Act.

Other conditions

PAB permit holders will also be subject to additional conditions specified in their permit.

Further information

Further information relating to this Policy Statement can be obtained by calling the Customer Service Centre on Ph: 136 186.

Reference: Martin-Smith, K. M and Vincent, A. C. J. (2006) Exploitation and trade of Australian Seahorses, pipehorses, sea dragons and pipefishes (Family Syngnathidae). Oryx, 40 (2), 141-151.