DECISION Date 13 March 2012 Application code APP201153 To import into containment any new organism under section Application type 40(1) of the Hazardous Substances and New Organisms Act 1996 National Institute of Water and Atmospheric Research Limited Applicant (NIWA) Date application received 21 December 2011 Consideration period 23 February 2012 to 13 March 2012 Considered by Environmental Protection Authority (EPA) To hold 13 aquatic plant species in containment for scientific Purpose of the application research purposes Blyxa aubertii Blyxa japonica Butomus umbellatus Egeria najas Elodea nuttallii Lagarosiphon cordofanus The new organisms approved are Lagarosiphon madagascariensis Myriophyllum sibiricum also known as Myriophyllum exalbescens Myriophyllum heterophyllum Najas indica Najas tenuifolia . Najas marina Ottelia alismoides also known as Ottelia japonica www.epa.govt.nz 2 Decision: APP201153 1. Summary of decision 1.1 Application APP201153 to import into containment 13 aquatic plant species for scientific research purposes is approved, with controls set out in the Appendix. 1.2 The organisms approved for importation are the new organisms described in control 1 2. Legislative criteria for application 2.1 The application was lodged under section 40(1) of the Hazardous Substances and New Organisms Act 1996 (the Act). 2.2 The application was considered in accordance with the relevant provisions of the Act and of the HSNO (Methodology) Order 1998 (the Methodology). The consideration followed the process described in the decision path for applications to import new organisms into containment under section 45 of the Act (EPA Decision Path Protocol, Figure 12). 3. Application process Application Receipt 3.1 The EPA considered that it had sufficient information to assess the application. To the extent the application may not meet any legislative information requirements, the EPA waives these requirements. Notification 3.2 The EPA has discretion as to whether to publicly notify an application to import into containment any new organism. 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. 3.3 As required by the Act and Methodology, the Ministry of Agriculture and Forestry (MAF) and Department of Conservation (DOC) were notified and provided with the opportunity to comment on the application. DOC had no comments on the application. Comments from MAF were taken into consideration. Information available for the consideration 3.4 The information available for the consideration comprised: The application form; Internal EPA advice; and Comments received from MAF/DOC. 3 Decision: APP201153 4. Sequence of the consideration 4.1 In its consideration of the application as per the requirements in the Act and the Methodology, the EPA considered whether: The application is for one of the purposes specified in the Act. The EPA is satisfied that the new organisms (NOs) can be adequately contained and the controls set provide for matters specified in Schedule 3 (Part 2) of the HSNO Act. The beneficial effects of having the NOs in containment outweigh the adverse effects of the NOs (after taking into account all the effects of the NOs, the ability of the NOs to escape from containment and their ability to establish undesirable self-sustaining populations and the ease with which the NO could be eradicated of it established an undesirable self-sustaining population). 4.2 Each point is addressed in the following sections of this decision. 4.3 The application was considered on 23 February 2012. The EPA adjourned the consideration of the application until 8 March 2012, to seek additional information on: reproductive strategies of each plant species; particularly around the size, longevity of seeds and pathways of seed escape; containment of seeds disposed in the soak hole; and disposal of seeds (new organisms) in the soak hole. 5. Purpose of the application and scope of the approval 5.1 The applicant (NIWA) seeks approval to import into containment 13 aquatic plant species (described in control 1, Table 3) for scientific research. These species are ornamental aquatic plants that are in the international aquarium and pond trade but are not present in New Zealand. The approval will allow NIWA to conduct research on these NOs in a secure containment facility, in order to assess the potential to become weeds in the New Zealand environment. It will also allow NIWA to develop appropriate management responses for biosecurity should there be an incursion in the future. 5.2 The EPA noted that the use of this approval has not been limited to the applicant. Therefore other persons could use this approval provided that their intended imports comply with the approved organism description (control 1) and meet the purpose of this approval (for scientific research), and the NOs are maintained as per the containment controls placed on this approval. As this approval is not limited to the applicant, control 5 has been imposed requiring any person using this approval for the first time to notify the EPA and the MAF Inspector responsible for supervision of their containment facility of their intention to do so in writing. 4 Decision: APP201153 5.3 The EPA noted that Najas marina is listed as an unwanted organism and notifiable organism under the Biosecurity Act 1993. The applicant is required to seek MAF approval before carrying out any research on an unwanted organism. 5.4 The EPA is satisfied that the purpose of this application falls within the scope of section 39(1)(h) of the Act: such other purposes as the Authority thinks fit, being research. 6. Adequacy of the containment regime 6.1 To evaluate the adequacy of containment, the EPA assessed the ability of NOs to escape from containment by considering: the biological characteristics of the NOs that relate to containment; the containment regime; and the potential pathways for the escape of the NOs from the containment facility. Biological characteristics of NOs that relate to containment 6.2 The EPA notes that the 13 aquatic plant species are adapted to living submerged or partially submerged in freshwater. These plants are susceptible to drying out and can only grow in water or in soil that is permanently saturated with water, and are reliant on water for structural support. 6.3 The EPA notes that the NOs reproduce largely by fragmentation and through specialised stems (rhizomes, stolons, and tubers), and also sexually, where floral pollination results in seed formation. In this form of vegetative reproduction, a portion of the the plant or specialised stem (rhizome) or roots is broken off (fragmented) and carried by water to other areas where the plant fragments grow into new plants. Plant fragments may also be dispersed by birds, animals and/or boats and transported. For those NOs that reproduce sexually, pollination may occur in the water (submerged), or in the air for those species whose flowers mature at or above the water surface. The resulting seeds are small ranging from 1 to 7 mm and fruit are indehiscent i.e. fruit that do not open at maturity in a defined way but rely on predation or decay to release the seeds. 6.4 The EPA considers the approved description of the NOs in control 1 is defined enough to allow people to know whether the organisms they wish to import are covered under this approval. The proposed containment regime 6.5 The EPA considered that the 13 NOs are to be imported into containment and must therefore be held within a defined containment facility (control 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 these NOs. The EPA impose controls 8 and 9 relating to containment areas. The EPA 5 Decision: APP201153 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 10). 6.6 The EPA noted that NOs may be moved between containment areas within a containment facility, or be moved between containment facilities (with appropriate approval under the Biosecurity Act 1993). Therefore the EPA imposes controls 11 and 12, relating to moving NOs. 6.7 Controls 13-16 relate to access to the containment facility, including requiring that all entrances be lockable, and locked when not in active use, and all reasonably practicable measures be taken to prevent unauthorised entry into the facility and accidental or deliberate release of NOs. 6.8 Controls 17 and 18 require that any waste or equipment that may carry or contain a NO, or heritable material from a NO, must be treated or decontaminated (killing the NOs and any heritable material) prior to waste disposal or equipment being used for another purpose or removal from the containment facility. 6.9 Control 19 requires that all persons entering the containment facility must be instructed on containment practices relevant to their responsibilities. This includes members of the public who visit the facility, who may be instructed verbally or through signs about areas that they may or may not access; and staff who will have a higher level of training about the specific containment requirements for those NOs. 6.10 Contingency plans, outlining actions to be taken in the event of a breach of containment or other unexpected event, are required to be documented (control 20), and implemented if there is reason to believe a NO has escaped or been released from its containment area (control 21). In addition, the containment facility must maintain the capability to eradicate any NOs in the event of escape (control 20). 6.11 Inspection and monitoring of containment areas is important in maintaining containment and therefore regular inspections (control 22) are required, along with ad-hoc inspections following any events that could compromise the containment regime (control 23).