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ERMA200924 FINAL Decision ERMA200924.Pdf DECISION Summary of decision Date 11 November 2011 Application Code ERMA200924 Import into Containment any New Organism under section 40(1) of Application Type the Hazardous Substances and New Organisms (HSNO) Act 1996. Applicant Wellington Zoo Trust Date Application Received 28 September 2011 Consideration Date 8 November 2011 To import selected invertebrate species into containment for the Purpose of the Application purposes of public display and/or conservation through advocacy, education and research New Organisms Approved for Archispirostreptus gigas (giant African millipede) Importation into Containment Eurycnema goliath (Goliath stick insect) Extatosoma tiaratum (spiny leaf insect) Hierodula majuscule (giant green mantid) Liocheles waigiensis (rainforest scorpion) Macropanesthia rhinoceros (giant burrowing cockroach) Megacrania batesii (peppermint stick insect) Phalacrognathus muelleri (rainbow stag beetle) Tectocoris diophthalmus (cotton harlequin bug) Tropidoderus childrenii (children’s stick insect) Urodacus yaschenkoi (inland robust scorpion) Xylotrupes ulysses (rhinoceros beetle) Application ERMA200924 to import into containment 12 species of invertebrates (listed in control 1) for public display and/or conservation through advocacy, education and research is approved with the controls set out in Appendix 1. The applicant withdrew Australian rainforest millipedes belonging to the family Rhinocricidae from the application following formal receipt, therefore these organisms are not considered in this decision. www.epa.govt.nz 2 Decision ERMA200924 1. Legislative criteria for application 1.1 The application was lodged under section 40(1) of the Hazardous Substances and New Organisms Act 1996 (the Act). 1.2 The application was considered by the Environmental Protection Authority (EPA) in accordance with the relevant provisions of the HSNO Act and the HSNO (Methodology) Order 1998 (the Methodology). 2. Application Process Application receipt 2.1 Application ERMA200924 was formally received on 28 September 2011. Public notification 2.2 Under section 53(2) of the HSNO Act, the EPA has discretion as to whether to publicly notify an application to import into containment any new organism. In this case, the application was not publicly notified because no exceptional circumstances warranting public notification were identified, and significant public interest in this application was not anticipated. 2.3 A targeted call for comments on the application was sent to the regional authorities and selected conservation groups. Federated Farmers responded and raised concerns about biosecurity related risk, which will be addressed by the Biosecurity Act 1993 requirements. No other comments were received. Consultation with government departments 2.4 In accordance with section 58(1)(c) of the HSNO Act and clauses 2(2)(e) and 5 of the Methodology, the Department of Conservation (DOC) and the Ministry of Agriculture and Forestry (MAF) Biosecurity New Zealand were notified and provided with an opportunity to comment on the application. 2.5 DOC noted that the main food source for Megacrania batesii is the leaves of Pandanus tectorius, which is not present in New Zealand. 2.6 MAF noted that Extatosoma tiaratum (spiny leaf insect) and Tectocoris diophthalmus (cotton harlequin bug) are listed as a regulated pest on the MAF unwanted organisms register. This means that the approval user will need permission from the MAF Chief Technical Officer under section 53(2) of the Biosecurity Act to import, exhibit or breed those organisms. 3 Decision ERMA200924 3. Consideration of the application 3.1 The EPA considered the application on 8 November 2011. 3.2 The information that the EPA took into consideration included: Application ERMA200924 (on Form 121/01) prepared by the applicant. Comments received from government departments and other groups. A memorandum to assist and support the decision making. 3.3 The consideration followed the process described in the decision path for applications to import new organisms into containment under section 45 of the HSNO Act (EPA Decision Path Protocol, Figure 12). 3.4 In its consideration of the application, the EPA considered the following points as per the requirements in the HSNO Act and the Methodology: the purpose of the application; the adequacy of the containment regime, and whether the controls provide for matters specified in Schedule 3 (Part 2) of the HSNO Act; the ability of the organisms to establish undesirable self-sustaining populations, and the ease with which the organisms could be eradicated if undesirable populations established; and whether the beneficial effects outweigh the adverse effects of having the organisms in containment. 3.5 These considerations are addressed in the following sections of this decision. 3.6 Following concerns about sufficiency of information on the family Rhinocricidae, the applicant withdrew Australian rainforest millipedes following formal receipt, therefore these organisms are not considered in this decision. 4. The purpose of the application and scope of the approval Purpose of the application 4.1 The applicant, Wellington Zoo Trust, applied to import 12 species of invertebrates (listed in Table 1 below) into containment for breeding, public display and education in a zoological garden. 4.2 In accordance with section 45(1)(a)(i) of the HSNO Act, the EPA determined that this application was for two valid purposes as specified in section 39 of the HSNO Act being: section 39(1)(e): the public display of any organism; and section 39(1)(h): such other purposes as the Authority thinks fit, being conservation through advocacy, education and research. 4.3 The EPA considered that the 12 species of invertebrates listed in Table 1 may be imported into containment, and bred, for either one or both of these purposes (Control 1). 4 Decision ERMA200924 4.4 The EPA note that this approval can be used by multiple organisations, and as such impose Control 2, requiring the person in charge of the containment facility must ensure compliance with the controls of this approval, and Control 3 requiring the containment facility to have documentation specifying how the controls will be met. 4.5 In addition, the EPA imposes Control 4 requiring the person in charge of the containment facility to notify the EPA and the Ministry for Agriculture and Forestry in writing that they intend to use this approval. Scope of the organisms approved 4.6 The organisms approved to be imported into containment belong to the kingdom Animalia, and the phylum Arthropoda, and are listed in Table 1. Table 1 Organisms Approved for Importation into Containment Common name Archispirostreptus gigas giant African millipede Eurycnema goliath Goliath stick insect Extatosoma tiaratum spiny leaf insect Hierodula majuscule giant green mantid Liocheles waigiensis rainforest scorpion Macropanesthia rhinoceros giant burrowing cockroach Megacrania batesii peppermint stick insect Phalacrognathus muelleri rainbow stag beetle Tectocoris diophthalmus cotton harlequin bug Tropidoderus childrenii children’s stick insect Urodacus yaschenkoi inland robust scorpion Xylotrupes ulysses rhinoceros beetle 5. Containment of the new organisms 5.1 In carrying out its consideration, the EPA considered the adequacy of containment regime for the 12 species of invertebrates (listed in Table 1) including: the biological characteristics of the new organisms relating to containment, the proposed containment regime, and potential pathways of escape from containment. 5 Decision ERMA200924 Biological characteristics of the new organisms relating to containment 5.2 The 12 species of invertebrates (listed in Table 1) range in size, with some adults growing to 250mm or more in length. All except for the giant burrowing cockroach, inland robust scorpion and rainforest scorpion, reproduce through the production of eggs, with some species able to flick their eggs. 5.3 Some of the invertebrates, such as the rhinoceros beetle, Goliath stick insect (males only), spiny leaf insects (males only) and children’s stick insect, are able to fly. Other species such as the rainforest scorpion, inland robust scorpion and giant burrowing cockroach, are good burrowers. The cotton harlequin bug is able to walk up smooth surfaces, so will be able to climb enclosure walls. 5.4 Phasmids (stick insects) use camouflage as a defence mechanism, they resemble sticks and foliage very closely, to the point of having false buds, thorns and ragged leaf-like flages. Giant green mantids may also be camouflaged as green or brown foliage or twigs. The proposed containment regime 5.5 The EPA considered the new organisms are to be imported into containment, and must therefore be held within a defined containment facility (Controls 6 and 7). The EPA considered that within a containment facility there will be one or more containment areas (specified places and/or conditions) that will be suitable for containing the organisms. Containment areas may include public viewing areas, and conditions under which the invertebrates may be used for interactions with visitors to the facility. The EPA impose Controls 8-10 relating to containment areas. The EPA requires all reasonably practicable measures be taken to ensure that people entering and exiting containment areas do not compromise containment of the new organisms (Control 11). 5.6 The EPA noted that new organisms may be moved between containment areas within a containment facility, or be transferred between containment facilities (with
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