brian roughan rcs surveillance

SHELLFISH GROWING AREAS SURVEILLANCETRAINING2006: 

SHELLFISH GROWING AREAS SURVEILLANCE TRAINING 2006 Brian Roughan

Surveillance Training: Contents: 

Surveillance Training: Contents 1 Objectives 2 Surveillance Standards (RCS) 3 Harvest Control Plans, Design & Implementation 4 Cooperation With Other Agencies 5 The Law – Powers of APO’s 6 Growing Area Classification and Harvest Criteria

Objectives: 

Objectives Apply the RCS regulatory requirements relative to the control of illegal harvesting from closed waters. Understand your powers pursuant to the legislation. Identify and implement the harvest control plan elements. Assess the risk of illegal harvesting in an area. Calculate the minimum surveillance frequency for an area. Understand the value of Harvest Control Plans and how they serve as a deterrent to illegal harvesting.

Effective Programme: 

Effective Programme An effective Harvest Control programme includes the following elements Surveillance Licensing of harvesters (registration) Penalties Clear identification of growing areas (boundaries and status).

RCS Legislative Backing : 

RCS Legislative Backing Part 3 of the Animal Products Act 1999 provides the necessary legal frame work for the RCS. S166 (b) allows regulations to be developed for RCS’s.

Surveillance Standards: 

Surveillance Standards Animal products (Regulated Control Scheme-Bivalve Molluscan Shellfish) Regulations 2006. Made pursuant to the APA. Animal Products (Specifications for Bivalve Molluscan Shellfish) Notice 2006. RCS Part 8 Control of Shellfish Harvesting.

Regulations: 

Regulations S9 BMS to be suitable for processing. S18 no false or misleading representation. S19 Obligations of Growers. Give access to VA activities. S20 Obligation of Harvesters to be Registered. S23 Duties of Harvest Operators - Comply!!! Responsible person nominated Provisions for training, supervision and instruction Record keeping

Regulations: 

Regulations S25 Limits on harvesting. Harvest when open and not from prohibited areas. S43 De-register S56 offences non-compliance with duties or harvest when closed or from prohibited area.

RCS: 

RCS Part 8 Control of Shellfish Harvesting. APO must develop and implement a Harvest Control Plan (HCP) for each growing area. Ensures harvesters only harvest when In open status Got a permit for relay/depuration from closed or restricted areas.

Surveillance of Growing Areas: 

Surveillance of Growing Areas Sufficient intervals to deter illegal harvesting. Cover Prohibited, conditionally restricted and restricted Closed, inactive or seasonal status Relay or wet store areas. Deterrent

Surveillance: 

Surveillance Timing Night Weekend Holidays Critical periods Coverage is adequate if majority of area covered (at least 50%) No more than 2 per 24 hour period and must be separate and deliberate effort. If concerns re-evaluate HCP and/or increase frequency.

Surveillance: 

Surveillance Surveillance activities must include Surveillance and audit of harvest documentation Transport of shellstock Labelling Wet storage activities Relay activities Sorting sheds Depot activity Transport to depuration

Surveillance not required: 

Surveillance not required No shellfish productivity and the area has been depleted of shellfish by harvesting, disease or other causes. Not economically feasible due to cost exceeding market value of the product. Area is unclassified.

Surveillance Frequency: 

Surveillance Frequency Each area: 1 time per 30 harvestable days when area is closed or prohibited. Except when weather etc prevents harvest then that is not included in one of those days. RSS can give exemptions. Remote areas or traditional non harvest periods. But must document other activities uses eg checks at premises, wharves, transporters etc.

Harvest Control Plans: 

Harvest Control Plans Generic format – do you want one on Intranet? RCS 54(6) Cover each area surveillance field sheet – Do you want a generic one posted on intranet Evaluate and update annually.

Cooperation With Other Agencies: 

Cooperation With Other Agencies RCS S54 (2) (f) can specify other persons Sampling Officers. Undergo acceptable training. Develop this into your HCP. Need to have some written agreement with them as to expectations/ communication. Can use other people eg DOC, Some HPO’s who are APO’s will be signed off as APO’s for surveillance. Written agreement as to the relationship.

Annual Surveillance Reports: 

Annual Surveillance Reports APO prepares for each area. Do you want a generic report format on intranet? Put with the annual report for the growing area Includes details of surveillance activities performed during year Dates, personnel, times, week day, weekend, night and number of days area closed. Confirm required frequency achieved Details of any warnings given. CIG involvement, legal action.

LEGISLATION: 

LEGISLATION ANIMAL PRODUCTS ACT 1999 POWERS ENTRY S87 POWERS TO EXAMINE S88 POWER TO INTERRUPT S89 POWER TO CONDEMN/DISPOSAL S90 OFFENCES, PENALITIES, PART 10 PROTECTION OF APO’S S98 RCS LEGISLATIVE BACKING, PART 3

POWERS OF ENTRY S87: 

POWERS OF ENTRY S87 ANY REASONABLE TIME FOR THE PURPOSES OF DETERMINING COMPLIANCE ENTER ANY PLACE, EXCEPT DWELLINGHOUSE OR MARAE. AT, IN OR FROM WHICH RCS OPERATED FOOD (WITH ANIMAL MATERIAL) PROCESSED FOR SALE OR SOLD. BOOKS, RECORDS KEPT.

PLACE: 

PLACE PLACE: includes any building, conveyance, craft, fishing vessel, or structure; and includes any land, water, or other area where animals or animal material are produced or may be present:

Powers of Entry: 

Powers of Entry Note S87 (2) which gives powers for APO to do shoreline survey work. This clause could be used if while doing a surveillance you come across a actual or potential pollution source and want to sample or identify it. Note also search warrant provisions S87 (4) and S94. If it ever got to this CIG would be involved.

Powers of Entry S87 (5): 

Powers of Entry S87 (5) If you exercise your powers under S87 you must produce your evidence of appointment. On entering the place. When ever subsequently reasonably required to do so by a person. So effectively if you go onto a vessel/premises etc to do some surveillance work you must present your warrant of appointment.

Power to Examine S88: 

Power to Examine S88 As per conditions in S87 (1) an APO may Examine all things, and open containers, packages, and other things to inspect their contents. Examine, inquire about, and copy any documents, records relating to obligations and duties under the Act. (includes electronic) Remove documents or records to another place for copying (return in reasonable time) Require the person in control to copy Use or require the use of any reasonable means to identify the kind or description of any……. Identify or mark Take samples and arrange for testing Direct some one to identify and hold until tests finished or APO directs. S87 (3) may call on some one to assist you under your supervision and according to your instructions.

Power to Interrupt S89: 

Power to Interrupt S89 For the purposes of determining or ensuring compliance of animal material or animal products with the requirements of the Act an APO may Interrupt any operation involved in the production or processing or export of any animal material or product. Restrict or prohibit the use of any process, animal material or product, substance, equipment, or other relevant thing. Direct the operator or person in charge of the relevant operations to do any reasonable thing, at the cost of the operator.

Power to Condemn/Dispose S90: 

Power to Condemn/Dispose S90 S90 (1)An APO may require condemnation, destruction, disposal of or otherwise rectify, In the opinion of the APO formed in light of specs/standards any animal product not fit for intended purpose. Anything that may contributed to animal product not being fit for intended purpose. (eg ice) In the opinion of the APO formed in light of specs/standards any animal product or material contaminated or diseased or otherwise not in compliance with the Act.

Power to Condemn/Dispose S90: 

Power to Condemn/Dispose S90 S90 (2) APO may seize and detain and if necessary dispose of or arrange to be disposed of or other wise rectified Anything fitting into S90 (1) Anything abandoned with no apparent owner after making reasonable enquiries.

Power to Condemn/Dispose S90: 

Power to Condemn/Dispose S90 S90 (3) allows the APO after sampling and you have formed an opinion the animal product or material s not fit for the intended purpose or is contaminated or not in compliance with the Act, and the rest of the material or product is from the same source or dealt with the same way, you can form an opinion that it is all not suitable. Any destruction, disposal etc under S90 (1) is at the cost of the owner or person in control and any expenses reasonably incurred by the APO exercising your powers under S90(2) maybe recovered.

Offences/Penalties Part 10: 

Offences/Penalties Part 10 When you get this stage MAF legal will be involved but be aware of:- S126 (1) and (2) effectively if they illegally harvest they are endangering the health of the public and therefore committing an offence. S127 deception is an offence eg falsifying a harvest declaration. S128 presenting non-complying product/material for sale. S129 presenting non-complying product or material for processing. S133 obstruction of an APO – threatens, assaults or intentionally obstructs or hinders. (or pretends to be an APO) S135 failure to comply with the Act S138 Presumption as to possession for sale. If it is on site with product intended for sale then it is until proven otherwise. eg illegally harvested product on a vessel. S139 proof of compliance with Act. Onus on defendant to prove origin or previous processing.

APO Protection S98: 

APO Protection S98 No civil or criminal liability unless you have acted, or omitted to act, in bad faith or without reasonable cause. If in doubt seek advice. Do not take significant action using your powers without talking to your TL.

Surveillance Recording Information: 

Surveillance Recording Information Attention to detail!!!!!!! Legible real time notes the best. Dates, times, who was present, who you talked to, what you did If obstruction occurs warn them of their offence, if it persists leave and call your TL. You need to record details ASAP. Remember you may have to present in a Court of Law. Showing warrant when first entering.

Growing Area Classification: 

Growing Area Classification Each Growing Area shall be classified as: Approved (remote) Conditionally Approved Restricted Conditionally Restricted Prohibited - no shellfish harvest allowed except for depletion/aquaculture seed

Classification requirements: 

Classification requirements Prohibited areas established around WWTP & industrial outfalls, combined overflows, marinas, any other potential sources of contamination Boundaries of growing area classifications delineated on charts Upward revisions in classification supported by full sanitary survey

Slide34: 

Conditionally Approved Water meets standards for approved criteria for a reasonable & predictable period of time, not complex. All pollution sources that may affect area evaluated Bacto flesh and water quality correlates with environmental conditions affecting distribution of pollutants Harvest criteria developed.

Slide35: 

Conditionally Approved Management plan required WWTP function performance standards Other pollution source standards- rainfall, river flow, salinity. For plans based on WWTP function or other sources - minimum criteria for reopening: Sufficient time elapses to allow water quality to meet acceptable levels Sufficient time to allow shellfish to cleanse Shellfish feeding activity is sufficient to achieve coliform reduction

Restricted: 

Restricted Low level of non predictable pollution Areas impacted by random, intermittent events (eg, rain); no direct sources (eg, STP) Harvest for depuration or relaying. Conditionally restricted.

Prohibited: 

Prohibited no current sanitary survey or annual evaluation report sanitary survey or marine biotoxin surveillance report indicates that pollution sources may unpredictably contaminate the shellfish. The area is so contaminated with toxic substances, faecal matter, pathogens or marine biotoxins that the shellfish are considered to be excessively contaminated. areas adjacent to sewage treatment plant outfalls or other waste discharge outfalls of public health significance. Marinas.