Fish Legislation - Victoria Dr Steve Tate Director, Bureau of Animal Welfare

1. Fish Legislation - VictoriaDr Steve TateDirector, Bureau of Animal Welfare

2. Acts & Regulations vs Welfare • Prevention of Cruelty to Animals Act • Fisheries Act • Domestic(Feral and Nuisance) Animals Act • {Victorian Meat Industry Act} • {Health Act /Council laws}

3. Fisheries Act The purpose of the Fisheries Act 1995 - (a) to provide for the management, development and use of Victoria's fisheries, aquaculture industries and associated aquatic biological resources in an efficient, effective and ecologically sustainable manner; (b) to protect and conserve fisheries resources, habitats and ecosystems including the maintenance of aquatic ecological processes and genetic diversity; ………….&

4. Fisheries Act……..welfare? (c) to promote sustainable commercial fishing and viable aquaculture industries and quality recreational fishing opportunities for the benefit of present and future generations; (d) to facilitate access to fisheries resources for commercial, recreational, traditional and non-consumptive uses; (e) to promote the welfare of persons engaged in the commercial fishing industry and to facilitate the rationalisation and restructuring of the industry; (f) to encourage the participation of resource users and the community in fisheries management. Conservation/ protection/ use / licensing / inspectors

5. Prevention of Cruelty to Animals Act The purpose of this Act is to-- (a) prevent cruelty to animals; and (b) to encourage the considerate treatment of animals; and (c) to improve the level of community awareness about the prevention of cruelty to animals. Codes of practice / cruelty / offences / inspectors

6. Prevention of Cruelty to Animals Act Animal = live vertebrate fish & live crustaceans • Part 2 (Cruelty - exemption for fishing activity authorised by and in accordance with Fishing Act)Part 3(Scientific procedures - exempt) • Cruelty • wound/mutilate/torture/abuse/worry/torment/terrify • unnecessary or unjustified pain and suffering is caused • confined & not fed or sheltered • sick or injured not treated • administration of substances that cause harm • cause death from cruelty

7. POCTA Codes • Procedures for netting, handling, keeping, treatment, transport, sale, killing, management. • None for fish • Concerns - live gutting/filleting ; hooking; dismember live crustaceans; playing-on-line; live baiting; gaffing; death by suffocation or desiccation; aquaculture and disease; catch/release; slaughter methods; wastage/damage of non-target species; de-compression affects; stocking density - aquariums/aquaculture

8. Meat Industry ActHealth Act / Local Government • Premises • Licensing / Codes / Standards / Food safety • Absence of killing standards c.f. for other species • Limited animal welfare interest / primary consumer protection focus • No national animal welfare standards or codes for fish . • Industry codes exist but not legislated

9. Summary • Welfare is more than the argument of pain & suffering • Community concern for elements of the 5 Freedoms as well • Do fish learn/ suffer / perceive pain/ become diseased or injured by human intervention ? • FA & POCTA attempt to reduce human impact on fish populations and their welfare. • Degree of tolerable/acceptable intervention may be correlated with scientific demonstration of affects.