ENVIRONMENTAL RISK MANAGEMENT AUTHORITY DECISION

Amended under s67A on 10 August 1005 and 6 September 2007

Application Number NOC98008 Date 13 January 1999 Consideration Date 21 December 1998 Considered by Special Committee of the Authority Application Details

Applicant Sabine Gass, Tropical Garden, 104 Irishtown Road, Thames Category New Organism Importation into Containment under section 40(1)(a) of the Hazardous Substances and New Organisms Act 1996 (the Act). Purpose To import into containment seventy-one of tropical for exhibition and breeding. Date Application Received 4 December 1998

Decision

The application was Approved with Controls.

The organisms approved are: 70 species of tropical butterflies as listed in the attached Schedule.

One species, Pteronymia notilla, was declined due to insufficient information being available to confirm its habitat range. Legislative framework

The matters considered in making this decision include those set out in sections 37, 44 and 45 of the Act, and those relevant matters in Part II of the Act.

Consideration of the application followed the relevant provisions of the Hazardous Substances and New Organisms (Methodology) Order 1998, the Methodology, but with particular regard to clauses 8 (dealing with the scale and significance of the risks, costs and benefits) and 26 (dealing with applications where the risks are negligible). Reasons for the Decision

In accordance with section 45(1)(a)(i) of the Act, the Authority was satisfied that the application was for one of the purposes specified in section 39(1) of the Act. The Authority concluded that importation into containment of the tropical butterflies for display and breeding constitutes an appropriate purpose under section 39(1)(e) of the Act being The public display of any organism including, but not limited to, display in a circus or zoological garden. In reaching its decision the Authority considered the ability of the tropical butterflies to establish undesirable self-sustaining populations and the ease with which such a population could be eradicated [section 37(a) and (b)]. The Authority was satisfied that the likelihood of the establishment of a self-sustaining population is very low and that should such a population establish it could be eradicated.

In reaching this conclusion the Authority considered the critical information was the inability of the tropical butterflies (including all their life stages) to survive in the prevailing temperatures of New Zealand. All 70 approved species were considered individually by a Lepidopteran specialist and all 70 species were determined as unable to survive long outside of a tropical habitat. Hosts for these species are either not in New Zealand (e.g. Rhizophoraceae) or, if the host family is present (e.g. , Solanaceae), establishment would, at best, be sporadic and truncated by cooler ambient temperatures.

Should any individuals escape, the Authority considered that the food plants near the facility would limit the spread of the butterflies or , and that monitoring these plants and use of insecticidal sprays would reduce the ability for any population to establish beyond the facility.

In the unlikely event that a population did establish during a favourable summer period the Authority is satisfied that it would be eliminated either by spraying or by the subsequent cooler ambient temperatures.

The Authority noted that Junonia hedonia may have some cold tolerant populations. Provided imports of this species are sourced from tropical populations, the probability of escaped J. hedonia becoming established in New Zealand is minimal.

The Authority is aware that some of the species approved are listed in the Convention on International Trade in Endangered Species (CITES) and will therefore need the corresponding approvals prior to importation. The Trade in Endangered Species Act (TIES) 1989, which implements the convention and is administered by the Department of Conservation, requires the applicants to obtain approval under other legislation (ie. HSNO and Biosecurity Acts) prior to meeting any TIES Act requirements and CITES obligations. In accordance with sections 45(1)(a)(ii) and (iii) of the Act, the Authority was satisfied that the butterflies could be adequately contained, and that the risks associated with their importation into containment are negligible.

The primary benefit of this application was considered to be public enjoyment and appreciation arising from public access to a living display of tropical butterflies. In addition there is likely to be a modest contribution to the local economy arising from employment at the butterfly house and any increased tourism to the area.

The Authority concluded that, taking account of the ability of the butterfly to escape from containment as in section 44(b), the beneficial effects of having the butterflies in containment outweighed the adverse effects of the butterflies and any inseparable organisms, should the butterflies escape.

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Controls

In order to satisfactorily address the matters detailed in the Third Schedule Part II: Containment controls for new organisms excluding genetically modified organisms1of the Act, and other matters in order to give effect to the purpose of the Act, the approved organism is subject to the following controls:

For the purposes of the controls the following definitions apply: The “containment facility” includes the following two areas: o the “Butterfly House “ is the area where the adult butterflies are housed for public display; and o the “Quarantine, Rearing and Breeding Facility” is the area where are imported into for rearing, and includes the corridor between the butterfly house and the quarantine, rearing and breeding facility, as well as the glass display area containing pupae for public display. “incineration” means incineration in a high temperature, regional council-approved incineration facility that reduces the material to ashes.

1 To limit the likelihood of any accidental release of any organism or any viable genetic material2: 1.1 The approved organisms shall be imported into, and maintained within a containment facility which complies with these controls.

1.2 The construction, operation, and management of the containment facility shall be in accordance with the Ministry of Agriculture and Forestry (MAF)/ERMA New Zealand Standard 154.03.04: Containment Facilities for Zoo .3

1.3 The person responsible for the operation of the containment facility shall inform all personnel involved in the handling of the organisms of the Authority’s controls.

1.4 The containment facility shall be approved by Ministry of Agriculture and Forestry (MAF), in accordance with section 39 of the Biosecurity Act and the Standard listed in control 1.2.

1 Bold headings refer to matters to be addressed by containment controls for new organisms excluding genetically modified organisms, specified in the Third Schedule (Part II) of the HSNO Act 1996.

2 Viable Genetic Material is biological material that can be resuscitated to grow into tissues or organisms. It can be defined to mean biological material capable of growth even though resuscitation procedures may be required, e.g. when organisms or parts thereof are sub-lethally damaged by being frozen, dried, heated, or affected by chemical.

3 Any reference to this standard in these controls refers to any subsequent version approved or endorsed by ERMA New Zealand

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2 To exclude unauthorised people from the facility:

2.1 The identification of entrances, numbers of and access to entrances, and the security requirements for the entrances and the facility shall be in compliance with the Standard specified in control 1.2.

3 To control the effects of any accidental release or escape of an organism: 3.1 Control of the effect of any accidental release or escape of the organism shall be in compliance with the Standard specified in control 1.2.

3.2 If a breach of containment occurs, the facility operator must ensure that the MAF Inspector responsible for supervision of the facility has received notification of the breach within 24 hours.

3.3 In the event of any breach of containment of the organism, the contingency plan for the attempted retrieval or destruction of the organism that has escaped shall be implemented immediately. The contingency plan shall be included in the containment manual in accordance with the requirements of the Standard specified in control 1.2.

4 Inspection and monitoring requirements for containment facilities: 4.1 The inspection and monitoring requirements for the containment facility shall be in compliance with the Standard specified in control 1.2.

4.2 The containment manual shall be updated, as necessary, to address the implementation of the controls imposed by this approval, in accordance with the Standard specified in control 1.2.

5 Qualifications required of the persons responsible for implementing these controls:

5.1 The training of personnel working in the facility shall be in compliance with the Standard specified in control 1.2.

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6 Additional controls: 6.1 Any person using this approval for the first time shall notify ERMA New Zealand and the MAF Inspector responsible for supervision of the facility of their intention to do so in writing.

6.2 This approval shall only be used by containment facilities located south of latitude 34oSouth (Cape Reinga).

6.3 All species to be imported shall be sourced from tropical populations only. Verification of sources shall be kept and made available to ERMA on request.

6.4 The containment facility shall be maintained at temperatures of at least 20˚C.

6.5 All waste (including dead or diseased pupae) associated with the importation of butterflies and shall either be rendered non-viable on-site (via autoclaving or incineration), or it shall be double bagged or placed in a sealed container in the facility, before being transported to an incineration facility, or MAF-approved diagnostic facility. Vegetation may be mulched on-site in the Butterfly House and retained in the containment facility for use as plant mulch.

6.6 Mounting of dead butterflies for display or sale is an acceptable means of disposal.

6.7 The Quarantine, Rearing and Breeding Facility component of the containment facility shall be separated from the Butterfly House by a means of excluding ready access by visiting public (eg a closed door). Only persons authorised by the facility Operator shall have access to the Quarantine, Rearing and Breeding Facility.

6.8 Pupae in the publicly accessible area must be completely contained within a physical structure (for instance a box composed of transparent material such as glass), access to which is limited to persons authorised by the facility Operator. Ready access by the visiting public to the contents of the physical structure should be prevented (eg by installation of a lock on any access flaps).

6.9 All drains, air vents and other outlets that connect to the outside of the containment facility shall have a mesh screen securely fitted to them. The size of the mesh shall be sufficient to prevent escape of any or adult held.

6.10 The number of entry/exit doors to the containment facility shall be kept to a minimum. Entry and exit of the public and staff shall be through at least one enclosed vestibule fitted with two physical barriers to the movement of butterflies or moths. These barriers shall include at least one self-closing door.

6.11 Within the vestibule a combination of at least two safeguards must be put in place to reduce the likelihood that the butterflies can escape. Safeguards may include, eg low light levels, mirrors within the vestibule so that people can check for the presence of butterflies, a cold air curtain, or a curtain of flexible vertical panels covering an area at least as large as the door.

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6.12 Daily checks shall be made to remove leaves with , caterpillars or pupae from the Butterfly House. Any eggs, caterpillars or pupae found during this search shall be destroyed or transferred to the Quarantine, Rearing and Breeding Facility. Butterflies or moths that have been bred in the containment facility may be transferred to other facilities in accordance with the transfer provisions in the Standard.

Signed on behalf of the Authority

O. R. W. Sutherland ______17 January 1999 Chair Approval codes: NOC000021 -43, NOC000045-69, NOC000071, 72, 74-82, NOC000084-93.

Amended to delete the original controls and substitute the current revised set of controls in accordance with section 67A of the Act on 10 August 2005.

______Dr Max Suckling Date Chair, New Organisms Standing Committee of the Authority

Amendment: November 2006 Changes to controls: Addition of footnotes to the containment facility references and the Australian/New Zealand containment facility references to “future proof” the decision Standardise the wording of the breach of containment control Removal of the control regarding inspection of facilities by the Authority, its agent or enforcement officers Standardise the wording for the notification of the first time use of this approval

______Date: 6 September 2007 Dr Max Suckling Chair, New Organisms Standing Committee

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Schedule- Approved Tropical Butterflies for Importation into Containment

No Taxonomic Name Common Name 1. atlas Atlas 2. belus Battus belus 3. Battus polydamus Polydamus Swallowtail 4. Caligo eurilochus Caligo eurilochus 5. Caligo memnon (idomeneus) Owl Butterfly 6. Caligo teucer Cocoa Mart Bleu 7. Catopsilia pomona Migrant 8. penthesilea Orange Lacewing 9. Cethosia biblis 10. Red Lacewing 11. hercules Hercules Moth 12. Cressida cressida Big Greasy Butterfly 13. Danaus chrysippus Plain Tiger 14. Danaus gilippus Queen Butterfly 15. Danaus limniace Danaus limniace 16. Dione juno Flambeau 17. Doleschallia bisaltide Leafwing 18. Dryas julia Julia 19. Dysphania fenestrata 4 o'clock moth 20. Eueides isabella Heliconius mimc 21. Euploea core Common Indian Crow 22. Euploea mulciber Striped Blue Crow 23. Eurema nicippe Eurema nicippe 24. Eurytides marcellus Zebra Swallowtail 25. Graphium agamemnon Green Spotted Triangle 26. Graphium euryphylus Green Spotted Trinagle 27. Graphium sarpedon Blue Triangle 28. Greta oto Greta oto 29. Heliconius charitonius Zebra 30. Heliconius cydno Heliconius cydno 31. Heliconius doris Doris Butterfly 32. Heliconius melpomene The Postman 33. Heliconius sara Heliconius sara 34. Hypolimnas alimena Blue banded eggfly 35. Hypolimnas bolina Common eggfly 36. Ideopsis gaura Ideopsis gaura 37. Junonia hedonia Brown Solider 38. Lampropptera meges Green Dragontail 39. Mechanitis menapis saturata Mechanitis menapis saturata 40. Morpho peleides Common Morpho 41. Morpho polyphemus Morpho polyphemus 42. Ornithoptera priamus Cairns Birdwing 43. Pachliopta Common Rose Swallowtail 44. Pachliopta polydorus Red Bodied Swallowtail 45. aegeus Orchard Swallowtail 46. Papilio ambrax Ambrax Swallowtail

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47. Papilio anchisiades Ruby-spotted Swallowtail 48. Papilio androgeus Papilio androgeus 49. Papilio blumei Papilio blumei 50. Papilio canopus Papilio canopus 51. Mocker Swallowtail 52. Papilio demoleus Chequered Swallowtail 53. Papilio dialis Papilio dialis 54. Papilio lowi Papilio lowi 55. Papilio memnon 56. Papilio paris Paris Peacock 57. Papilio polymnestor 58. Common Marmon 59. Papilio rumanzovia Papilio rumanzovia 60. Papilio ulysses Ulysses 61. Philaethria dido Scarce Bamboo Page 62. Precis almana Precis almana 63. Precis atlites Precis atlites 64. Precis lemonias Precis lemonias 65. Precis orythia Precis orythia 66. Trognoptera (=Troides) brookiana Rajah Brook's Birdwing 67. Troides helena (oblongomaculatus) Troides helena (oblongomaculatus) 68. Troides radamatus Troides radamatus 69. Vindula arsinoe Cruiser 70. Yoma sabina Lurcher

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Approval numbers for organisms on application NOC98008

Approval Organism Name (Organism) Synonyms Decision Number Dystania fenestrata Approved with Dysphania fenestrata Controls NOC000021 Papilio ambrax Approved with Controls NOC000022 Approved with Controls NOC000023 Battus belus Approved with Controls NOC000024 Cressida cressida Approved with Papilio cressida Controls NOC000025 Hypolimnas alimena Approved with Controls NOC000026 Graphium sarpedon Approved with Controls NOC000027 Junonia hedona Junonia hedonia (Linnaeus Approved with 1764) Controls NOC000028 Ornitoptera polydorus Approved with Ornithoptera priamus Controls NOC000029 Caligo eurilochus Approved with Controls NOC000030 Cethosia biblis Approved with Cethosia biblis (Drury, 1773) Controls NOC000031 Papilio demoleus Approved with Controls NOC000032 Caligo teucer Approved with Controls NOC000033 Hypolimnas bolina Approved with Controls NOC000034 Euploea core Approved with Controls NOC000035 Papilio polytes Approved with Controls NOC000036 Morpho peleides Approved with Controls NOC000037 Pachliopta aristolochia Approved with Controls NOC000038 Vidula arsinoe Approved with Controls NOC000039 Danaus limniace Approved with Controls NOC000040 Heliconius doris Approved with Controls NOC000041 Eurema nicippe Approved with Abaeis nicippe Controls NOC000042 Dione juno Approved with Controls NOC000043 Lampropptera meges Lamproptera meges (Zincken, Approved with 1831) Controls NOC000045 Graphium agamemnon Approved with Controls NOC000046 Graphium euryphylus Approved with Graphium euryplus Controls NOC000047 Greta oto Approved with Controls NOC000048

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Heliconius cydno Approved with Controls NOC000049 Eueides isabella Approved with Eueidea isabella Cramer 1781 Controls NOC000050 Heliconius sara Approved with Controls NOC000051 Approved with Controls NOC000052 Ideopsis gaura Approved with Controls NOC000053 Dryas julia Approved with Dryas iulia Controls NOC000054 Doleschallia biaitide Approved with Doleschallia bisaltide Controls NOC000055 Catopsilia pomona Approved with Controls NOC000056 Yoma sabina Approved with Controls NOC000057 Mechanitis menapis saturata Approved with Controls NOC000058 Papilio dardanus Approved with Controls NOC000059 Morpho polyphemus Approved with Controls NOC000060 Cathosia penthesilea (Cramer Approved with 1777) Controls NOC000061 Papilio aegeus Approved with Controls NOC000062 Caligo memnon (idomeneus) Approved with Caligo idomeneus Controls NOC000063 Papilio androgeus Approved with Controls NOC000064 Papilio blumei Approved with Controls NOC000065 Papilio canopus Approved with Controls NOC000066 Papilio dialis Approved with Controls NOC000067 Papilio lowi Approved with Controls NOC000068 Papilio memnon Approved with Controls NOC000069 Papilio polymnestor Approved with Controls NOC000071 Papilio rumanzovia Approved with Controls NOC000072 Papilio paris Approved with Controls NOC000074 Danaus chrysippus Approved with Anosia chrysippus Controls NOC000075 Battus polydamus Approved with Controls NOC000076 Precis almana Approved with Controls NOC000077 Precis atlites Approved with Controls NOC000078 Precis lemonias Approved with Controls NOC000079

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Precis orythia Approved with Controls NOC000080 Danaus gilippus Approved with Controls NOC000081 Troides brookiana Approved with Controls NOC000082 Pachliopta polydorus Approved with Controls NOC000083 Cethosia cydippe Cethosia cydippe (Linnaeus, Approved with 1767) Controls NOC000084 Papilio anchisiades Approved with Controls NOC000085 Philaethria dido Approved with Controls NOC000086 Euploea mulciber Approved with Controls NOC000087 Heliconius melpomene Approved with Controls NOC000088 Troides helena Approved with (oblongomaculatus) Controls NOC000089 Troides radamatus Approved with Controls NOC000090 Papilio ulysses Approved with Controls NOC000091 Heliconius charitonius Heliconius charitonia (Linnaeus, Approved with 1767) Controls NOC000092 Eurytides marcellus Approved with Controls NOC000093 Pteronymia notilla Declined

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