Fish Legislation - Victoria Dr Steve Tate Director, Bureau of Animal Welfare 4/12/2018

Acts & Regulations vs Welfare Prevention of Cruelty to Animals Act Fisheries Act Domestic(Feral and Nuisance) Animals Act {Victorian Meat Industry Act} {Health Act /Council laws}

Fisheries Act The purpose of the Fisheries Act 1995 - (a) to provide for the management, development and use of Victoria's fisheries, aquaculture industries and associated aquatic biological resources in an efficient, effective and ecologically sustainable manner; (b) to protect and conserve fisheries resources, habitats and ecosystems including the maintenance of aquatic ecological processes and genetic diversity; ………….&

Fisheries Act……..welfare? (c) to promote sustainable commercial fishing and viable aquaculture industries and quality recreational fishing opportunities for the benefit of present and future generations; (d) to facilitate access to fisheries resources for commercial, recreational, traditional and non-consumptive uses; (e) to promote the welfare of persons engaged in the commercial fishing industry and to facilitate the rationalisation and restructuring of the industry; (f) to encourage the participation of resource users and the community in fisheries management. Conservation/ protection/ use / licensing / inspectors

Prevention of Cruelty to Animals Act The purpose of this Act is to-- (a) prevent cruelty to animals; and (b) to encourage the considerate treatment of animals; and (c) to improve the level of community awareness about the prevention of cruelty to animals. Codes of practice / cruelty / offences / inspectors

Prevention of Cruelty to Animals Act Animal = live vertebrate fish & live crustaceans Part 2 (Cruelty - exemption for fishing activity authorised by and in accordance with Fishing Act) Part 3(Scientific procedures - exempt) Cruelty wound/mutilate/torture/abuse/worry/torment/terrify unnecessary or unjustified pain and suffering is caused confined & not fed or sheltered sick or injured not treated administration of substances that cause harm cause death from cruelty

POCTA Codes Procedures for netting, handling, keeping, treatment, transport, sale, killing, management. None for fish Concerns - live gutting/filleting ; hooking; dismember live crustaceans; playing-on-line; live baiting; gaffing; death by suffocation or desiccation; aquaculture and disease; catch/release; slaughter methods; wastage/damage of non-target species; de-compression affects; stocking density - aquariums/aquaculture

Meat Industry Act Health Act / Local Government Premises Licensing / Codes / Standards / Food safety Absence of killing standards c.f. for other species Limited animal welfare interest / primary consumer protection focus No national animal welfare standards or codes for fish . Industry codes exist but not legislated

Summary Welfare is more than the argument of pain & suffering Community concern for elements of the 5 Freedoms as well Do fish learn/ suffer / perceive pain/ become diseased or injured by human intervention ? FA & POCTA attempt to reduce human impact on fish populations and their welfare. Degree of tolerable/acceptable intervention may be correlated with scientific demonstration of affects.