Download OATA explanatory note on changes to ILFA (Feb 2014)

ORNAMENTAL AQUATIC TRADE ASSOCIATION
LTD
“The voice of the ornamental fish industry”
Wessex House, 40 Station Road, Westbury, Wiltshire, BA13 3JN, UK
Telephone:+44(0)8700 434013 Fax:+44(0)1373 301236
[email protected] www.ornamentalfish.org www.aquaticsworldwide.org
February 2014
New legislation made under the Import of Live Fish Act 19801 (ILFA)
ILFA states “the Minister may by order forbid either absolutely or except
under a licence granted under this section, the import into, or the keeping or
the release, in any part of England and Wales of live fish, or the live eggs of
fish, of a species which is not native to England and Wales and which in the
opinion of the Minister might compete with, displace, prey on or harm the
habitat of any freshwater fish, shellfish or salmon in England and Wales”.
Thus a species need not be invasive (that is form a breeding population that
gets out of control) to be controlled by ILFA.
Orders under ILFA have been passed in 1998 that currently cover England and
Wales2 and another dated 2003 covers Scotland3.
A new Order4 has been introduced that will cover England only. Wales will
continue to be covered by the 1998 Order (though we believe they may be
trying to introduce an Order to mirror that in England as soon as possible) and
Scotland by their 2003 Order.
Why does the government see the need for change?
In the past controls on which species were imported and kept could be
implemented using the Fish Health Directive (91/67)5. This Directive in effect
meant species which were unable to establish in the UK (tropical species) could
be imported using simplified health certificates. On the other hand any species
which it was thought might be able to survive in the wild in the UK were
required to be imported with full health certification. This included two years
of testing of the source prior to import.
In 2006 the Aquatic Animal Health Directive (2006/88)6 changed the basis
upon which health certification for imported fish was required. Instead of being
based on the temperature tolerance it depended on whether or not species were
susceptible to or vectors (carriers) of specified diseases, so in our sector this
1
2
3
4
http://www.legislation.gov.uk/ukpga/1980/27/contents
http://www.legislation.gov.uk/uksi/1998/2409/contents/made
http://faolex.fao.org/docs/html/uk47795.htm
http://www.legislation.gov.uk/uksi/2014/143/contents/made
5
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:1991:046:0001:0018:EN:PDF
6
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:328:0014:0056:en:PDF
meant those species affected by Spring Viraemia of Carp (SVC) - Bighead carp
(Aristichthys nobilis), goldfish (Carassius auratus), crucian carp (C. carassius),
grass carp (Ctenopharyngodon idellus),common carp and koi carp (Cyprinus
carpio), silver carp (Hypophthalmichthys molitrix), sheatfish (more commonly
known in the UK as the Wels catfish - Silurus glanis) and tench (Tinca tinca).
As you will be aware from numerous communications from OATA, species
that could become invasive in the UK are a political hot potato. The change of
Directive in 2006 in effect allowed species from North America and more
central cooler areas of Asia to enter trade. Many importers refrained from
adding these species to their availability lists - this has been recognised and
applauded by DEFRA. DEFRA has been extremely tardy in introducing
changes to ILFA to address the gaps in control caused when 91/67 was
succeeded by 2006/88 - changes that could have been predicted probably as
long ago as 2003. However it was always going to be a ‘when’ not an ‘if’
controls were reapplied to protect the UK against invasives.
An explanatory note has been published alongside the new Order.7
CEFAS has acted in an exemplary manner in consulting extensively with
OATA throughout the process of developing an innovative use of white lists
(see table below for explanation).
Please read the table below which summarises the changes. If you import
freshwater fish you will need to download and refer to various tables.
7
http://www.legislation.gov.uk/uksi/2014/143/pdfs/uksiem_20140143_en.pdf
General issues
Licensing
Two sorts of licenses may be issued:
A License may be issued with conditions regarding how and where species may be kept. Everyone wishing to
keep such a licensed species is required to apply for that license.
A General License which may be issued such that species may be kept but either no one or only specified groups
have to apply for licenses.
Types of listing
Black lists
These are lists of species in which trade and ownership is banned or restricted in some way. Normally a risk
assessment would be required for a species to be added to such a list. However, if information is limited or absent
species may be automatically listed using the ‘precautionary approach’ - that is if in doubt list.
White lists
These are of species in which trade and ownership is permitted. Usually such lists are blank and species are only
added after a species has been subject to a scientific risk assessment. These assessments are often based on the
scientific literature and not necessarily practical experience of a given species in trade. In the new ILFA
legislation the white list is immediately populated with 1000s of species based on practical experience of a
particular species or others with the same biological and water temperature requirements.
Import of Live Fish Act up to 16 February 20148
Listing
A black list of species that could only be traded subject
to licensing was created. Changing the list required a
change in legislation.
In association with 91/67 this provided controls on the
import of all temperate species. After 2006 this control
was lost.
Import of Live Fish Act from 17 February 2014
All freshwater fish are listed on a black list which
prevents their keeping except under licence.
A white list of many thousands of tropical freshwater
species has been granted a general licence for use in
the ornamental industry.
Species may be added to the white list subject to a
satisfactory risk assessment. Thus despite the black list
mentioned above nothing is banned if someone wants
to trade in it and can provide evidence that it cannot
cause problems to UK aquatic species.
Species may only be removed from the white list if
suitable consultation and risk assessment process have
been undertaken. Officials cannot change the list on a
whim.
Coldwater
species
Species on the ILFA black list were subject to licensing.
Grass carp, sturgeon/sterlet and ameiurid, red shiners
and fathead minnows were included on the blacklist ie
they required licences to own or keep in wholesalers or
retailers.
8
http://www.defra.gov.uk/aahm/files/Form-ILFA1-Leaflet.pdf
“The Secretary of State for Environment, Food and
Rural Affairs hereby grants a general licence to the
above authorising the keeping of grass carp
(Ctenopharyngodon idella) and sturgeon (of the genera
Acipenser and Huso), subject to the following
conditions:
That the fish are kept in:
A general licence applied to the general public keeping
them in specified conditions thus:
those wishing to keep grass carp, sturgeon/
sterlet and ameiurid/ictalurid catfish in garden ponds
and indoor aquaria or red shiners and fathead
minnows (‘rosey reds’) in indoor aquaria (other
than aquaria on retail or wholesale premises) are
covered by a general licence and need not apply for
individual licences.

ornamental wholesale or retail premises; or

indoor aquaria; or.

garden ponds.
For the purposes of this licence, ‘garden ponds’ are
defined as discrete, isolated bodies of water, not
exceeding one acre in size, on private residential
premises, established and used specifically for the
ornamental display of fish. Such ponds must pose no
risk of escape of fish into the wild, and must not be
used for fishing or any commercial purposes related to
fish rearing or dealing."
Changes:
Ameiurids (eg channel catfish) are not on the white list
and so there is no license to trade.
Red shiners and Rosy red minnows are included in the
white list - so in effect no change for the public traders will now be covered by a general licence rather
than an individual licence.
Tropical
9
No controls (except the requirement for valid health
certification) to any species not on the "black list" - in
Which can be obtained from OFI see: http://www.ofish.org/about/shop
A white list based on the Standard names for freshwater
fishes in the Ornamental Aquatic Industry booklet
produced by Ornamental Fish International9. However
practical effect a general licence applied
where only a few species of a genus are in trade but all
species in the genus are tropical the whole genus is
listed. Also tropical genera in which there is not yet
any trade have been listed.
The following applies to the white listed species ie
tropicals and some temperates (that have been in trade
for decades without any evidence that they have
caused any problem):
the Secretary of State for Environment, Food and
Rural Affairs hereby grants a general licence to the
above, authorising the keeping of the fish species listed
in the Schedule to this licence, subject to the following
conditions:
•
the fish are kept in indoor aquaria only;
•
the fish are kept for ornamental, scientific
research or conservation purposes.
‘Ornamental purposes’ include keeping for trade and
keeping in zoos, public aquaria and similar premises.
Marines
Not included
Changes:
This license only applies to the species on the white
list. No other species may be traded unless added to
the white list.
No practical difference