ERMA New Zealand Standard 154.03.04: Containment Facilities for Zoo Animals.3
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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 Butterfly 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 species of tropical butterflies 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. Passifloraceae, 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 caterpillars, 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. Environmental Risk Management Authority Decision: Application NOC98008 Page 2 of 8 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 insects 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 Animals.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 Environmental Risk Management Authority Decision: Application NOC98008 Page 3 of 8 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. Environmental Risk Management Authority Decision: Application NOC98008 Page 4 of 8 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 moths 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.