Section 52 Guidelines

Section 52 Guidelines

Section 52 of the Biosecurity Act 1993states as follows:

“52Communication of pest or unwanted organism

No person shall knowingly communicate, cause to be communicated, release, or cause to be released, or otherwise spread any pest or unwanted organism except—

(a)In the course of and in accordance with a pest management strategy; or

(b)As provided in an emergency regulation made under section 150 of this Act; or

(c)For a scientific purpose carried out with the authority of the Minister.

(d)As permitted either generally or specifically by a chief technical officer.”

Didymo has been declared to be an unwanted organism, consequently its movement is prohibited by the provisions of section 52. Any person who wishes to move or communicate didymo must seek permission from a chief technical officer.

An extract from the report “Didymosphenia geminata—process to consider applications to undertake activities otherwise prohibited under section 52 of the Biosecurity Act 1993 (June 2006)” follows.

Didymosphenia geminata—process to consider applications to undertake activities otherwise prohibited under section 52 of the Biosecurity Act 1993

Purpose of this document

To update the process the Chief Technical Officer (CTO) will follow to consider applications for permission to undertake Didymosphenia geminata(Didymo) related activities otherwise prohibited under section 52 of the Biosecurity Act 1993 (the Act).

The major difference between this revised process and that signed off by the CTO on 14 March 2006 is that this revised process balances the biosecurity risks and benefits before considering the potential public benefits of the activity.

The process outlined in this paper is aligned with the Department of Conservation’s section 52 unwanted organism exemption guidelines approved on 1 October 2003.

Background

Didymo

Biosecurity New Zealand’s agreed objectives for Didymo are to:

reduce the further spread of Didymo;
obtain information on its distribution and likely impacts in New Zealand; and
identify and develop information on potential future management options.

These objectives recognise it is inevitable that Didymo will continue to spread while at the same time maintaining a strong emphasis on determining Didymo’s distribution and likely impacts, and identifying potential future management options. The assumption that Didymo will continue to spread is based on:

the advice from the Technical Advisory Group (TAG) that Didymo is likely to be in other as yet unknown locations;
the outcomes of Biosecurity New Zealand’s initial investigation that determined Didymo was likely to have been in New Zealand for at least three years prior to its first detection; and
the reality that there are a number of different ways in which Didymo could potentially spread.

Legislative context

Under section 52 of the Act:

no person shall knowingly communicate, cause to be communicated, release, or cause to be released or otherwise spread any pest or unwanted organism except…..(d) As permitted either generally or specifically by a Chief Technical Officer.

Subsection 52(d) of the Act recognises that there may be some circumstances where it is appropriate for the CTO to allow an unwanted organism to be communicated, released or spread. The process and assessment outlined in this paper provides the CTO with guidance on what is appropriate.

Permission from a CTO under section 52(d) of the Act does not remove the need for the applicant to obtain appropriate authorisation under other relevant legislation.

Decision framework

The process for assessing a request to undertake activities that would otherwise be prohibited under section 52 of the Biosecurity Act 1993 (the Act) is outlined in Figure 1.

Figure 1: Process for assessing applications for permission under section 52 of the Act for Didymo related activities.

1 For technical operations, draft recommendations and conditions to be developed and discussed with the applicant to ensure that: 1 - MAF have correctly interpreted the operation; and 2 - ensure the feasibility of the proposed conditions.

Assessment of application

The CTO will assess the application based on the following criteria:

potential biosecurity risks of the activity (for the spread of Didymo);
potential biosecurity benefits of the activity;
whether the potential public benefits of the activity are such that despite the biosecurity risks, the activity should be approved.
possible mitigation measures, including the cost and reasonableness of the mitigation against the biosecurity risk.

The aim is firstly to assess the balance between the biosecurity risks of undertaking the activity and the biosecurity benefits associated with allowing the activity to occur.

Having balanced the biosecurity risks and the biosecurity benefits of allowing the activity, the CTO may then assess the potential public benefits of the activity and whether they are such that it is worth proceeding with the activity despite there being a biosecurity risk associated with the activity.

Where there are significant and wide ranging public benefits of an activity, it is envisaged that permission will be granted to allow the activity to occur. However, in this situation conditions may be placed on the permission that requires the individual or organisation to take all reasonable steps to reduce the likelihood of Didymo being spread, communicated or released.

Potential biosecurity risks

Risk is the product of the likelihood that an event occurs and the impact of that event. The CTO will estimate the likelihood of Didymo being transported by the proposed activity and Didymo establishing a self sustaining population in the receiving river or lake.

If it is likely that Didymo will establish in the receiving river or lake, as a result of the proposed activity, the CTO will consider the following factors to assess the impacts:

whether Didymo is already in, or adjacent to, the receiving river or lake;
whether Didymo establishing in the receiving river or lake is likely to increase the rate of spread to other locations eg heavy boating traffic;
whether spread to the receiving river or lake would impact on existing or potential management programmes;
whether the receiving river or lake is considered to be a high value area; and
whether other activities are likely to spread Didymo to the receiving river or lake.

Potential biosecurity benefits

The CTO will consider as part of the assessment the benefits to Didymo management. Issues to consider include whether permitting the activity would benefit the management of Didymo by contributing to:

 the eradication, containment and /or control of Didymo;

the development of management methods; and

the education of river users regarding the risks and impacts of the activity.

Potential public benefits

Having balanced the biosecurity risks and the biosecurity benefits of allowing the activity, and determined that there is a biosecurity risk; the CTO may at this point assess the potential public benefits of the activity.

This assessment will involve the CTO considering whether despite the existence of a biosecurity risk, the public benefits are such that the activity should be approved.

Issues to consider include whether permitting the activity would have wider positive public benefits to:

New Zealand’s economy;

New Zealand’s environment;

Human Health; and

Cultural values, including Maori and their taonga.

Possible mitigation options

Mitigation measures can be applied to both components of the risk equation, that is, the likelihood of an event and the impact of that event. As part of the assessment, the CTO will consider the reasonableness of possible mitigation measures, and consider whether conditions should be applied. Issues to consider in relation to reasonableness include:

the cost of the proposed measures;
the effectiveness of the measures reducing the risk of the activity; and
the additional background risk of spread by activities outside the control of the applicant.

At this stage there are no tools available to mitigate the impact of Didymo once it has become established in a waterway. Research is underway to identify possible tools to control Didymo within a river system. Initial results from that work are expected by 30 June 2006.

Consultation during the application process

The CTO will consult with the Department of Conservation and relevant regional councils and Fish & Game NZ offices during the application process. These organisations have statutory responsibility for the management of different aspects of the freshwater system.

The CTO will notify and request comments from other affected parties of the application, including Maori and stakeholders, where a direct and specific impact is identified during the risk assessment component of the process.

Sample application for a permit under section 52 of the Act

Application for a permit under section 52 of the Biosecurity Act 1993 forirrigation operators

This application form is to assist the applicant with providing the information Biosecurity New Zealand requires to assess the application as per the section 52 process document.

Section 52 of the Biosecurity Act states:

“No person shall knowingly communicate, cause to be communicated, release, or cause to be released, or otherwise spread any pest or unwanted organism except –

…

(d) As permitted either generally or specifically by a chief technical officer.”

The chief technical officer, when making a decision on the permission, considers the biosecurity risks and biosecurity benefits of the activity. After assessing the biosecurity risks and benefits, the chief technical officer may consider any wider public benefits of the activity and any possible mitigation measures, including the cost and reasonableness of the mitigation.

Biosecurity New Zealand will use the information provided by the applicant to assess the following:

The risks of the activity spreading didymo, which is the product of the likelihood that didymo will be spread and the impacts that would occur if didymo did spread.

The types of things the chief technical officer may consider when assessing the likelihood that didymo will be spread include:

Does the activity transfer risk goods?

Is didymo present at the source of the risk good?

Will didymo survive transport to the destination?

Is the destination suitable for didymo survival/establishment?

How frequently does the transfer occur?

the potential impacts of spreading didymo to the destination (detailed in paragraph 15 of the process document)

The biosecurity benefits (if any) of the activity (detailed in paragraph 16 of the process document)

The wider public benefits of the activity (detailed in paragraph 18 of the process document)

Possible risk mitigation options (detailed in paragraphs 19 and 20 of the process document)

Providing detailed and descriptive information in this form will help Biosecurity New Zealand progress the application in a timely manner. Some of the information required may be present in existing documents, such as a resource consent application. Once an application has been lodged, we will consider the information supplied and, if necessary, discuss with the applicant to clarify or gain further information.

Contact Details

Name:

Organisation:

Postal address:

Telephone number:

Fax number:

Email:

Risks associated with the scheme (attach maps and diagrams as necessary)

Likelihood that the scheme will spread didymo

Intake location and volume of water

Where the water travels and how (i.e. by canal, pipe, pumped) including how much water is drawn off and where it goes to (i.e. land, streams, rivers, lakes)

Transportation time through each step

Outflow location/s and amount/s

Description of the outflow location/s (usual flow rates, salinity etc)

How often does the outflow occur? (i.e. continuous, operates xx days a year etc)

Impacts of didymo on the surrounding area

What are the features of the outflow location and surrounding area?

[Things to include here are: areas used by recreational water-users (e.g. kayakers, fishers), conservation values (e.g.endangered species, ecologically significant areas), cultural values (e.g. areas with cultural significance) and any other activities that you consider may be affected by didymo.]

Benefits of the scheme

What are the benefits of the scheme? This includes benefits to the economy, the environment, human health, social and cultural values. [Quantitative data (e.g. magnitude of effect on the NZ economy) verified by an independent source where available]

Benefits to land users (including farmers, horticulturalists etc.)

Benefits to the local area and region

Benefits to New Zealand as a whole

Benefits to other water-users and/or values of surrounding area

Risk mitigation

Please give details of any current activities you do to reduce the risk of spreading didymo (e.g. filtering, signage, cleaning protocols etc).

Please give details of any further activities you are prepared to do to reduce the risk of spreading didymo and/or contribute to the management of didymo (e.g. filtering, signage, cleaning protocols, trialling control techniques etc).

Please give details of any ongoing monitoring for didymo you have implemented or are prepared to implement in your irrigation scheme.

Other information

Any other relevant information

Has any consultation taken place including with local residents, iwi, river users, local councils, businesses, industry and recreational organisations and other government departments?

If you have any questions or comments please contact MAF Biosecurity New Zealand.

Fictitious model: Application for a permit to move water that may contain didymo

Contact Details

Name:J M Bains

Organisation:High Plains Irrigation Company Limited

Postal address:PO Box 94, AridTown, North Canterbury

Telephone number:03 5547 389

Fax number:

Email:

Risks associated with the scheme (attach maps and diagrams as necessary)

Likelihood that the scheme will spread didymo

Intake location and volume of water

The irrigation intake is located on the AridRiver 2 km below BlacksBridge. During the irrigation season from August to May the High Plains Irrigation Scheme (scheme) extracts 10 cumec from the river for the irrigaton of 20,000 hectare

Didymo has been found above the scheme inlet and consequently the water at the inlet is likely to contain didymo in microscopic form. Didymo has not been visually sighted at the scheme inlet.

Where the water travels and how (i.e. by canal, pipe, pumped) including how much water is drawn off and where it goes to (i.e. land, streams, rivers, lakes)

From the intake control structure water travels to a settling pond of 3 hectare in size. Water travels from the pond by gravity feed through open races to deliver water to the scheme shareholders. Any surplus water is discharged to the Blue Lagoon by 3 main races. Surplus irrigation water assists in to maintaining water levels in the lagoon. The lagoon has an outlet to the sea and when sufficient water is available lagoon water flows into the sea.

Transportation time through each step

On average water would spend 5 days travelling through the pond. See table below for travel times in water races.

Description of the outflow location/s (usual flow rates, salinity etc)

Outlets located A, B and C are described in the following table:

Outlet sites (as located in attached map) / Transport time in hours from inlet to outlet / Outlet volume (litres per second
A / 24 / 40
B / 18 / 10
C / 16 / 5

How often does the outflow occur? (i.e. continuous, operates xx days a year etc)

Depending on seasonal conditions outlflow of surplus water occurs continuously from around August at the start of the irrigation season until the end of the irrigation season around May.

Impacts of didymo on the surrounding area

What are the features of the outflow location and surrounding area?

The Blue Lagoon, where irrigation outlets are located, contains brackish saline water because of the tidal nature of the lagoon. The lagoon is used for recreational activities including fishing, kayaking, water skiing and swimming.

The lagoon is also the habitat of wildlife and native and introduced fish species.

Benefits of the scheme

Benefits to land users (including farmers, horticulturalists etc.)

Land users benefit considerably from irrigation because:

the value of product produced from the farms has increased;
water enables a greater range of options for production;
they are now in a stronger economic position.

Benefits to the local area and region

The AridTown area and the region have benefited from irrigation because:

the irrigated farms employ more people;
non irrigated farms in the vicinity also benefit by providing dryland runoffs for the dairy cattle and by providing supplementary feed to the irrigated farms;
schools, health and other social services have improved in quantity and quality with the increased number of people in the area to be serviced;
farm services providing farm inputs and processing produce have increased the scale and quality of their operation;
the number of houses on farms and in AridTown has increased and consequently the rating base has increased to the benefit of all.

Benefits to New Zealand as a whole

New Zealand as a whole has benefited from all of the above mentioned benefits. In addition New Zealand’s export production from the irrigated area has increased approximately 3 times as a result of irrigation.

Benefits to other water-users and/or values of surrounding area

Other water users benefit from the outflow of the irrigation scheme into Blue Lagoon. The irrigation outflow maintains water levels in the lagoon and also contributes to raising the quality of the water to the benefit of fish, wildlife and recreation.