GrahamC Posted November 7, 2012 Report Share Posted November 7, 2012 Huka Falls has a license to import prawns .. but their license states that no live prawns may leave their site. So, they are consumed on the premises in their restaurant .. dunno what they do about the ones people catch though ... knock them on the head as they leave?? Quote Link to comment Share on other sites More sharing options...
F15hguy Posted November 7, 2012 Report Share Posted November 7, 2012 there are no freshwater crustaceans on the allowable import list so no, they can't be imported. Quote Link to comment Share on other sites More sharing options...
lmsmith Posted November 7, 2012 Author Report Share Posted November 7, 2012 there are no freshwater crustaceans on the allowable import list so no, they can't be imported. The import list: http://www.biosecurity.govt.nz/files/ih ... ic.all.pdf TBH I haven't had the time to go through it, but I believe you. So that's good - the question now is, can they be sold? My understanding is you only need a permit to sell species included in the Wildlife Act 1953. This might not be correct. I'll do some further digging. Quote Link to comment Share on other sites More sharing options...
F15hguy Posted November 7, 2012 Report Share Posted November 7, 2012 A person may not raise, feed, release, process, or deal in native fish for sale in any establishment (i.e. a fish farm) without a licence under the Freshwater Fish Farming Regulations 1983. This applies to koura and shrimp as well, and it is up to MFish to follow this up with aquarium hobbyists on TradeMe. They normally don't both if it is a one-off thing (or Daphnia) but where do you draw the line? If someone is selling say 5-10 koura/shrimp a week, then MFish can consider this to be a small fish farm that is operating without a permit....and they can come down on you. have a look in the native section of the forum, this comes up quite a bit Quote Link to comment Share on other sites More sharing options...
lmsmith Posted November 7, 2012 Author Report Share Posted November 7, 2012 have a look in the native section of the forum, this comes up quite a bit Ok, so I can safely assume that if they're being sold in a store, the store has a licence, and if they don't, that's their problem. Nothing in any of the acts I've looked at makes it an offence to purchase, so I'm in the clear. Quote Link to comment Share on other sites More sharing options...
F15hguy Posted November 7, 2012 Report Share Posted November 7, 2012 its not an offence, but it is supporting an illegal activity. Quote Link to comment Share on other sites More sharing options...
GrahamC Posted November 7, 2012 Report Share Posted November 7, 2012 You're only supporting an illegal activity if they don't have a license. Quote Link to comment Share on other sites More sharing options...
F15hguy Posted November 7, 2012 Report Share Posted November 7, 2012 I thought they told you they don't have a licence. also I seriously doubt anyone would shell out the $$$ to sell them at $3 a hit. also wouldn't the collector need a licence too Quote Link to comment Share on other sites More sharing options...
lmsmith Posted November 7, 2012 Author Report Share Posted November 7, 2012 I thought they told you they don't have a licence. also I seriously doubt anyone would shell out the $$$ to sell them at $3 a hit. also wouldn't the collector need a licence too Not me, GrahamC. I visited The Pet Centre in Lower Hutt today. Confirmed that they do sell them for $3 inc gst, but they had none in stock. I asked about license, and their aquarium guy said they had checked and a license to sell was not required. Hmm. It's reasonable to assume that a place selling something is doing so legally. I don't really have a serious moral problem with purchasing them instead of going to catch them myself. Quote Link to comment Share on other sites More sharing options...
blueether Posted November 7, 2012 Report Share Posted November 7, 2012 I believe that no freshwater fish/invert. can be collected for anything other than human consumption - well they are not allowed to be sold as petfood anyway. The collector wont be allowed to collect more than 50 unless the have applied under the QMS, and that 50 would only be for personal use. Quote Link to comment Share on other sites More sharing options...
lmsmith Posted November 7, 2012 Author Report Share Posted November 7, 2012 I believe that no freshwater fish/invert. can be collected for anything other than human consumption - well they are not allowed to be sold as petfood anyway. The collector wont be allowed to collect more than 50 unless the have applied under the QMS, and that 50 would only be for personal use. Do you have a source? That's definitely contrary to the info I have. Quote Link to comment Share on other sites More sharing options...
GrahamC Posted November 7, 2012 Report Share Posted November 7, 2012 The 50 applies to Koura .. does it apply to anything else? Quote Link to comment Share on other sites More sharing options...
alanmin4304 Posted November 7, 2012 Report Share Posted November 7, 2012 Applies also to shrimp and daphnia. Page 1 of 1 [ 14 posts ] Subscribe topic | Bookmark topic | Print view | E-mail friend Previous topic | Next topic Author Message Aquila Post subject: Collecting/selling of native aquatic animals - legalitiesPosted: Tue Nov 02, 2010 12:50 pm Joined: Tue May 05, 2009 5:51 pm Posts: 1003 Location: Hataitai, Wellington I regularily have to deal with inquires from the public about this sort of thing, so I have summarized some points below: "Approval is required from the Ministers of Conservation under 26ZM (3) and/or Fisheries under 26ZM(2) of the Conservation Act 1987 to transfer and/or release any live aquatic life into freshwater." The terms ‘live aquatic life’ and “freshwater” are defined in the Conservation Act. The Department of Conservation made a policy decision that section 26ZM(3) of the Conservation Act does not apply to species being transferred or released into artificial aquaria. The process for obtaining these approvals is outlined in section 26ZM of the Conservation Act and involves environmental impact assessment, public notification and consultation. Application forms and information are available from your local DOC office." Garden ponds are considered to be 'artificial aquaria' as long as they are relatively small (becomes a gray area when considering larger ponds on farmland, semi-rural, or lifestyle blocks) and are not connected to natural waterways or situated on floodplains where habitants or tank/pond water are at risk of being flushed into a natural system. It is under your discretion to assess this risk but you can request someone from DoC to do a site visit if you are unsure. Regulation 71 of the Freshwater Fisheries Regulations 1983 allows whitebait, or eels, or other indigenous fish to be taken for the purposes of scientific research or for the purposes of human consumption except where prohibited or controlled by other statutory provisions or regulations: - The Whitebait Fishing Regulations 1994 and the Whitebait Fishing (West Coast) Regulations 1994 govern the taking of whitebait. You cannot lawfully take whitebait outside the whitebait season without approval from the Department of Conservation. Whitebait are defined as being the young or fry of Galaxias maculatus (inanga): Galaxias brevipinnis (koaro): Galaxias argenteus (giant kokopu); Galaxias postvectis (short jawed kokopu): Galaxias fasciatus (banded kokopu), and Retropinna retropinna (smelt). Make sure the gear you use for collection is also allowable. Season for this area runs from Aug. 15 - Nov. 30. See http://www.doc.govt.nz/publications/par ... tebaiting/ for further information. - If the species you wish to collect is protected under the Wildlife Act 1953 then you need approval from DOC (no freshwater fish are protected species but some invertebrates are). See schedule of protected species for a list of protected species in NZ. If a species is not protected under the Wildlife Act 1953 and it is not illegal to collect under any other legislation e.g. Biosecurity Act (e.g. unwanted organisms), Freshwater Fisheries Regulations (e.g. Noxious fish), Conservation Act (e.g. Restricted Fish), and then you can collect and keep them on display without a permit. - Amateur fishers can take their daily bag of 50 koura and use them for whatever purposes they like. This arose from the creation in 2001 of a bag for all species of shellfish not-named under the Amateur Fishing Regulations (eg periwinkles, pupu, etc). The definition of shellfish includes all crustacea, so the regulation now controls all non-commercial taking of koura, copepods, and waterfleas (Daphnia). - If you wish to collect any species (protected or not) from Department of Conservation land then you will also require approval under the Conservation Act 1987. Freshwater species that occur in areas that are administered by the department (e.g. part of reserves, conservation areas, national parks, faunistic reserves etc.) are generally protected from harvest or commercial use. If you wish to collect fish from these areas then you should check with local DOC staff to see what controls apply. Any permits required should be obtained from the conservancy where the species is to be collected. Generally the department advocate that no more than 10% of the population should ever be removed especially if the species being collected is threatened. One useful website may be http://www.nzfreshwater.org/index_aquaria.html for some general guidance. - The National Parks Act 1980 makes it unlawful to take any native fish from a national park without the prior consent of the Minister of Conservation and unless the act consented to is consistent with the management plan for the park. - You may not transfer live aquatic animals from one natural waterway to another without permission. If the species does not exist in the recipient waterway DOC permission is required. If it does already exist there, approval is required from the Ministry of Fisheries. It is also illegal to release fish back into a natural waterway without prior approval, even if you are returning them to where they came from. The only exception would be where a fish has been caught and then returned immediately to the same waterway (eg. if you are recreationally fishing). If a fish that has been in captivity is transferred back into a natural stream it could have contracted some type of disease or fungi which that fish could then spread to a natural population. - If aquatic species are to be moved between the islands of New Zealand, then approvals must also be requested from the Minister of Fisheries under section 26ZM(2)(b) of the Conservation Act and the Director-General of Conservation under regulation 63 of the Freshwater Fisheries Regulations. - A person may not raise, feed, release, process, or deal in native fish for sale in any establishment (i.e. a fish farm) without a licence under the Freshwater Fish Farming Regulations 1983. This applies to koura and shrimp as well, and it is up to MFish to follow this up with aquarium hobbyists on TradeMe. They normally don't both if it is a one-off thing (or Daphnia) but where do you draw the line? If someone is selling say 5-10 koura/shrimp a week, then MFish can consider this to be a small fish farm that is operating without a permit....and they can come down on you. All legislation is public and can be searched for on http://www.legislation.govt.nz/default.aspx _________________ Milena "No trees were killed in the posting of this message. However, a large number of electrons were terribly inconvenienced." Quote Link to comment Share on other sites More sharing options...
GrahamC Posted November 7, 2012 Report Share Posted November 7, 2012 So, is it correct that someone could take whitebait and sell it live, and someone else can raise them in an artificial aquarium? I.e. I wouldn't have to go and catch them myself? ( season ends Nov 30) Quote Link to comment Share on other sites More sharing options...
blueether Posted November 7, 2012 Report Share Posted November 7, 2012 Do you have a source? That's definitely contrary to the info I have. Regulation 71 of the Freshwater Fisheries Regulations 1983 allows whitebait, or eels, or other indigenous fish to be taken for the purposes of scientific research or for the purposes of human consumption except where prohibited or controlled by other statutory provisions or regulations: So, is it correct that someone could take whitebait and sell it live, and someone else can raise them in an artificial aquarium? I.e. I wouldn't have to go and catch them myself? ( season ends Nov 30) Except that you would need to have a quota for to sell them commercially? Quote Link to comment Share on other sites More sharing options...
GrahamC Posted November 7, 2012 Report Share Posted November 7, 2012 Except that you would need to have a quota for to sell them commercially? Where do restaurants buy their whitebait from? Quote Link to comment Share on other sites More sharing options...
F15hguy Posted November 7, 2012 Report Share Posted November 7, 2012 haahahahaahaha so peoples make sure you count your daphnia now and only take your limit of 50 :sml1: :rotf: :slfg: Quote Link to comment Share on other sites More sharing options...
lmsmith Posted November 7, 2012 Author Report Share Posted November 7, 2012 Where do restaurants buy their whitebait from? Whitebait are regulated a bit differently, from memory. I can do the research if you'd like. Quote Link to comment Share on other sites More sharing options...
lmsmith Posted November 7, 2012 Author Report Share Posted November 7, 2012 I'm not sure that answers it. Well, actually, I'm quite sure it doesn't. Quote Link to comment Share on other sites More sharing options...
blueether Posted November 8, 2012 Report Share Posted November 8, 2012 there was a case not that long ago of a petfood manufacturer using eels, I believe they were stopped as eels could only be used for human consumption. Most of the statutes/laws/whatever all say fish/inverts Quote Link to comment Share on other sites More sharing options...
lmsmith Posted November 8, 2012 Author Report Share Posted November 8, 2012 there was a case not that long ago of a petfood manufacturer using eels, I believe they were stopped as eels could only be used for human consumption. Most of the statutes/laws/whatever all say fish/inverts Eels for petfood? That's weird. It's not just human consumption, because collection is allowed to keep as pets. It seems there's a lot of different parts to the regulations and there are protected species and stuff which make it difficult! Quote Link to comment Share on other sites More sharing options...
Munkii Posted November 8, 2012 Report Share Posted November 8, 2012 So, if I wanted to go out and catch myself a few shrimp, how would I go about it? There are fresh water streams near my house. Do I just wave a net around and hope? Do I use a bait of some kind? Quote Link to comment Share on other sites More sharing options...
lmsmith Posted November 8, 2012 Author Report Share Posted November 8, 2012 So, if I wanted to go out and catch myself a few shrimp, how would I go about it? There are fresh water streams near my house. Do I just wave a net around and hope? Do I use a bait of some kind? If I have to catch them waving and hope will be my tactic. I'm also interested if there's some more to it. Quote Link to comment Share on other sites More sharing options...
F15hguy Posted November 8, 2012 Report Share Posted November 8, 2012 2 common methods, for the people that want to know they are there without getting wet, you can spotlight them at night (their eyes are really reflective) or the most fun is to jump in and pass the net through any water plants in the area (I find watercress is their fav place.) Quote Link to comment Share on other sites More sharing options...
disgustipated Posted November 9, 2012 Report Share Posted November 9, 2012 the most fun is to jump in and pass the net through any water plants in the area (I find watercress is their fav place.) +1 i can usually get around 50 - 100 of them in an hour at my spot my cichlids love 'em Quote Link to comment Share on other sites More sharing options...
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