Aquaculture Licencing for Aquaponics activites - Do I need one.

[Murray]

I have had communications from a person who appears to be under the impression that I, and by extension, others that keep fish in tanks at home are breaking the law and are "environmental criminals"

In brief, the keeping of fish at home for personal use does not require a licence in Queensland, provided the fish are kept in tanks above the 1:100 flood line and the tank/s are covered with a roof that is impervious to rain.
Your tank/s floor area should not exceed 50 sqm. see part 2:1 (b) Most home systems would not even make 4 sqm of tank area let alone 50.

There are other conditions that can and are easily complied with by the home Aquaponics person.

Below is a link that has a document re Self Assessment to see if you should apply for an Aquaculture Licence in Queensland.

I recommend that all Aquaponics persons living in Queensland download and print the document. Read it and be at ease that you are complying. I would be very surprised if any were not complying.

Some of you may not have a rain proof roof over your systems. You may need to attend to that at your earliest convenience.

http://www2.dpi.qld.gov.au/extra/pdf/fishweb/Aqua_SAC.pdf

Those that live in other states, please check this out for your state and post the results here please. It is important that we keep informed.

NSW
VIC,
SA,
WA,
NT
and Tas.

[Dufflight]

Rain proof roof for the fish tank. Are they worried that the fish will get wet or that the tank can over flow and the fish would escape. And maybe flip flop themselves the 15km to the nearest river.:D

[Murray]

Hi Duff,
The logic is ,.... fish that are not strictly indigenous to your particular area may escape if there is big rain and some local flooding that would allow the non indigenous fish to escape to the nearest local waterway.
Which is fair enough I reckon, that could actually happen. We have seen local flooding like that here just recently.

There has to be a blanket rule for everyone I guess, especially for a self assessment situation.

[anniefish]

Hi Murray,


Just asking about theses two points-
1. Introduction
1.1 This code is prepared under the Integrated Planning Act 1997 (IPA) and the Fisheries Act 19941. Under IPA, making a material change in use of premises for the purpose of conducting aquaculture activities is regarded as ‘development’.

2.1 This code is relevant to assessing a material change of use of premises against the Fisheries Act 1994 if making the material change of use is for aquaculture and if the change of use of premises does not cause the discharge of waste into Queensland waters and the aquaculture3:-


does this mean if you are building a new system in a new premises you don't have to comply?


3. Meaning of terms
3.1 For the purposes of applying this code and determining whether development is self-assessable—
(a) ‘Aquaculture’, as defined in, the Fisheries Act 1994, means the cultivation of live fisheries resources for sale other than in circumstances prescribed under a regulation.


Does this mean we don't have to comply if we don't sell fish?

I'm not fluent in gobbledegook, maybe someone can translate?

Annie

[Murray]

Hi Anniefish,
My understanding is that you don't have to comply, but other conditions further down in the document do apply, like the max floor area of 50 sqm and the roof requirement etc.

Any one exemption does not let you out of any supplementary condition.

I have a contact in the Department. I will give him a call today for a clarification.

[aussieap]

I can only speak for Queensland. The chap Murray is referring to is the 'go to' guy at DPI Fisheries in Qld regarding Aquaponics. He is very supportive of the concept and spoke at the conference earlier this week. The reason behind the new legislation is NOT to exclude ppl. It is simply to have a set of standard guidelines to give ppl looking at home ap a framework to go by.

It is not particularly onerous and quite generous in allowing 50 sq mtrs of fish tank production space. This number was chosen so ppl could do a full commercial trial without jumping thru all the regulatory hoops that come with a full on commercial ap business. The self assessment here is really an olive branch and money saver to ppl wanting to do systems at home without the whole fish licensing etc. Yes there are points about tank covers/under roof etc but they are common sense things we do anyway.

I am not one to stick up for govt departments believe me. However the Qld policy is to be SUPPORTIVE of ppl with systems at home. We simply can't have more than 50 sq mtrs of fish tank space (which must be covered.)

[Murray]

Yes, I agree, the regulations as they stand are excellent for home growers. Just some sensible safeguards that are not to hard to comply with.

[Murray]

I spoke to a DPI officer today re bringing some trout into Qld for home use. It is only permitted for those with a aquaculture license, so that pretty much rules them out in QLD for home use.

[anniefish]

BU%%ER!!


Annie

[fishfood]

Murray when the time comes i shore there's some ''silver perch '' around that looks like trout i bet the department rep looking in your tank wouldn't know
[ just joking]

[Dufflight]

It always starts as a friendly licence. And then ends up as a government revenue making dept. Yearly licence fees and stricter and stricter conditions. Like how the local refrigeration guy having to get a licence to collect gas from old broken fridges. But its about protecting the community. So when the local refrigeration guy says its too much work people just throw there old fridges out the tip. And what happens to the gas the gov wanted to stop from being released into the enviroment. Not sure what happens to the gas when a dozer runs over a fridge.:D

Just remember to keep a copy of the licence and recipt. Compare it to future versions once they work out there is a dollar to be made from people keeping fish. New laws, new licences for AP.

[redleg]

Spoke to DPI NSW on friday.
They said no requirements for them as long as
no trade ,sales or barter.
However there may be council DA requirements in some cases.
Also Barra and Jade are not to be brought into the state without
serious paperwork.
forgot to ask about trout .
cheers
redleg

[DaDdYo]

......
Those that live in other states, please check this out for your state and post the results here please. It is important that we keep informed........


As a beginner in aquaponics, when I started searching for info on licensing for non-commercial systems I got quite confused..... title codes, subsets, articles, etc. Here is some help for those living in the U.S.
"Summary of State Laws Relating to Breeding Wild and/or Exotic Animals"
http://www.bornfreeusa.org/b4a2_exoticbreeding.php

[organicusrex]

DaDdYo,

Codes, laws, statutes, ordinances and etc. ALL words have meanings in legal language and law words and/or terms haven't changed their meanings in an awfully long time.

Learn the clear definitions for these words from a Black's Law Dictionary, either a 1st, 4th or 6th Edition. The other editions weren't nearly as complete as the aforementioned.

Next, learn the clear and concise definition for "person" and it might surprise you what you'll find. Also, the definition of "United States".

That should be an eye opener, then begin to read and decipher the Uniform Commercial Code. It's the basis for all contract law as well as international law.

The definition for "license" is not what you'd think it is either. Fees, taxes and rent are synonymous; this will give you a perspective of how law makers view your status and what you perceive to be your property.

This is only the tip of the iceberg. It gets very tedious.

[Jonty]

Murray,

I might be missing something here. Section 1.1 relates to the material changes needed to conduct low impact aquaculture. Now if you look at the term Aquaculture in the glossary section it states "The Fisheries Act 1994 defines aquaculture as the cultivation of live fisheries resources for sale".

If the fish are not for sale, then how does this apply to the backyarders? If so then we would have to comply with Schedule 1 re filters sizes etc.

[poohbear]

I've heard of something recently in the news about some new pet/animal law thing on the 6pm news which I can't remember. I hail from Toronto, Canada and this has got me worried as well. I love where I live. I'm close to everything and know all the trails and shortcuts but don't get along too well with the neighbours and on non talking grounds. Over here I know we can't own chickens (bummer or else I would get 2-3 birds to de-weed the lawn).

I'm concerned about the whole fish outside and the possiblity of someone making some 'animal abuse' report. Anyone know of any laws in Canada or Toronto? I'll be checking on that as well.

[Finn]

If you want trout, you have to get a pond license at least. Anything else (tilapia for example) and you have both federal and provincial licenses to deal with. (8 applications in total.) I am running goldfish for that reason. I am working on my application for my pond license right now. There are quite a few hoops to jump through if you want to raise fish that you can eat. I can send you the email that I got from my ministry contact (it has all of the applications), but some of it is only good in BC. PM me if you want me to send it.

Finn

[organicusrex]

TYRANNY Arbitrary or despotic government; the severe and autocratic exercise of sovereign power, either vested constitutionally in one ruler, or usurped by one breaking down the division and distribution of governmental powers.

DESPOT This word, in its original and most simple acceptation signifies master and supreme lord; it is synonymous with monarch; but taken in bad part, as it is usually employed, it signifies a tyrant.

LICENSE To "license" means to confer right or power which does not exist without it. (Inter-City Coach Lines v. Harrison, 172 Ga. 390, 157 S.E. 673, 676; S. S. Kresge Co. v. City of Bluefield, 117 W. Va. 17, 183 S. E. 601, 602.)
References & definitions: Black's Law Dictionary, 4th Edition

One has to ask, are eating, growing food, raising fish for food and gardening a right or a privilege?

If they are an inherent right of mankind, then a license is neither necessary nor implied to make it exist.

If one's "rights" need to be licensed, are they in fact rights or merely privileges?
If the answer is that they are privileges, then is a mother breast feeding her child in need of a license or is it just an illegal rebellious/seditious act against the government?

Government's monetary gluttony is fueled by willing, though uninformed about their God given inherent rights, patrons to be licensed or taxed and their acquiescence to tyranny.

If life sustaining food isn't an issue worthy of resistance to tyranny, then what is? I don't ask this question light-heartedly but with sincere concern about the future of food for my children's, children's children and beyond. Does it lay heavily on your heart as well?

As for me, I'm not informing, requesting, applying to or allowing government to be involved in my personal food raising actions; it's none of their business nor the business of any NGO promoting their environmental agendas.

[Murray]

Very well said organicusrex. We are under far greater threat form gm seed and other food issues than we are from "global warming"

[GaryD]

Neither threat is all that well-understood.....by anyone!

[iain]

Murray

My reading of this is that the roof requirement is only for:

*indiginous freshwater fish NOT located in an indiginous catchment area
*listed non-indiginous freshwater fish

for the other two listed classes:

*indiginous freshwater fish located in a designated indiginous catchment area
*indiginous marine fish

there does not appear to be a roof requirement.

[Murray]

If I understand what you are saying.
There has to be a roof, unless the species kept is strictly indigenous to your particular area.
Aquaponics does a whole lot better under a roof of some sort you will find anyway.

[iain]

Hi Murray

I definitely agree a roof of some sort is best.

The way the government appears to technically decide where in Queensland you legally need a roof (and for what type of fish) seems to be schedule 6 of the fisheries management plan (titled "where certain aquaculture fisheries resources may be released").

http://203.19.232.150/LEGISLTN/CURRENT/F/FisherFMP99.pdf

or, if the fish you are keeping is listed as indigenous to your area in either of the following references:

Field Guide to Freshwater Fishes of Australia. CSIRO publishing,
Freshwater Fishes of North-Eastern Australia. CSIRO publishing

Apparently the field guide has "every fish known to inhabit freshwater on the Australian continent" and "each species has a distribution map". Not sure if I want to fork out $45 for it (just for legal peace of mind).

[bunya boy]

Hi guys,
I thought we had thrashed this out before and finally came to the conclusion that under the strict terms and definitions of the QLD Fisheries Act and other associated legislation that "Aquaculture" was specifically the production of (fish) for sale. Aquaculture then has to be licensed and installations must conform, even if licensing is not required. We do not sell fish or fish products from our "home" systems, ergo no license required or in fact, recommended! The more we can keep out of the hands of Public Serpants, the better. QLD Fisheries have no definition for "Aquaponics" and that's the way it should stay, even for large commercial operations, real or intended! Don't get them started by giving them a heads up reason to start revenue raising and putting in place usually unworkable, untenable and unrealistic regulations and restrictions associated with "licensing".
I am a firm believer in controls and rules for the unscrupulous in our society who seek to benefit from anti-social, unethical or immoral practices, but not to stymie responsible and beneficial practices by applying licensing costs, regulations and strictures.

Cheers ,IanK

[Murray]

Yes BB we have talked about this before, but new people come to the forum.

The only rule that applies in Qld to our activities, that is, back yard food production that includes the keeping and raising of fish....... is that, if the fish species kept is not strictly native to your specific area then a roof must be over the fish tank to prevent the ingress of rain water. This is to prevent the possible escape of the fish into the local waterways. This could happen when there is big rain and the uncovered tank overflows. Fish will always "go with the flow"

The rule is actually very sensible and not that difficult to comply with.

I am in total agreement that the less Gov the better and that is why we need to encourage everyone to comply with the only one very simple requirement.

Aquaponic systems work much better anyway when under cover.


There are other rules about the import of fish from other states....not permitted unless you firstly have an aquaculture license and if you do , then you must have a trans location permit for the individual instance of import.
But that does not affect to many of us I would think. Most of us can get whatever we want from local hatcheries...