What it does
This statutory instrument declares a detailed list of species to be “controlled fish” for the purposes of Division 1 of Part 8 of the Inland Fisheries Act 1995. The mechanics are simple and narrow. Section 4(1) of the Order declares that the fish specified in Schedule 1, any dead fish of those kinds, and the spawn, fry or young of those fish, are controlled fish to which Division 1 of Part 8 of the Act applies. The Order therefore does not itself set out offences, penalties, permit regimes or regulatory procedures. Instead it fixes the biological scope of that Division by naming particular taxa and life stages. The Order’s operative provisions are: s 1 (short title), s 2 (commencement), s 3 (interpretation, which adopts definitions in the Act), s 4 (declaration of controlled fish and inclusion of dead fish and early life stages), and s 5 (revocation of earlier legislation listed in Schedule 2).
Practically, the Order enlarges or refreshes the catalogue of taxa that trigger the legal regime in Division 1 of Part 8. The list in Schedule 1 is extensive, covering individual species, groups labelled “spp.”, entire families, and at least one entire subfamily. It includes taxa commonly traded in aquaculture and the aquarium trade (for example Oreochromis spp., Cyprinus carpio, Gambusia spp.), high-profile game and food species (for example Lates niloticus, Polyodon spathula), taxa associated with biosecurity concerns (for example Channa spp., Procambarus clarkii), and a number of taxa with international conservation or trade interest (several Acipenseridae sturgeon species). The Order also revokes the 2007 Controlled Fish Order (Inland Fisheries (Controlled Fish) Order 2007 (No. 120 of 2007)) by naming it in Schedule 2; the instrument was notified in the Gazette on 30 December 2015 and is administered by the Department of Primary Industries, Parks, Water and Environment.