Fish legislation victoria dr steve tate director bureau of animal welfare
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Fish Legislation - Victoria Dr Steve Tate Director, Bureau of Animal Welfare. 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.

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Fish Legislation - VictoriaDr Steve TateDirector, Bureau of Animal Welfare


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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}


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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;

………….&


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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


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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


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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


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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


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Meat Industry ActHealth 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


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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.