IMPORTATION OF TROPICAL AND COLDWATER ORNAMENTAL FISH

To: DOF8T licence holders and
the Ornamental Aquatic Trade Association

22 March 2004

Dear Licence holder

1. I am writing to advise you of problems which have occurred over the past year relating to the import of tropical and coldwater ornamental fish and shellfish into Great Britain. Most seem to have arisen from a lack of understanding of the import rules and confusion over the type of licence required for importing certain species. Of particular concern has been the discovery at Border Inspection Posts (BIPs) of attempts to import some coldwater fish species, from non-EU countries under a licence for importing live tropical aquaria fish (DOF 8T)

2. The rules on importing tropical and coldwater fish and shellfish into Great Britain are set out in "A Guide to Importing Fish" and "A Guide to Shellfish Health Controls". Both documents are available from the above address and may also be obtained from www.defra.gov.uk. The rules explain that the DOF 8T licence must only be used to import tropical aquaria fish or shellfish and their eggs and gametes of a species, which cannot survive in the natural aquatic environment of Great Britain.

3. Schedule I of the DOF 8T licence repeats these requirements and Schedule II provides an indicative (and therefore incomplete) list of fish and shellfish species which are not regarded as tropical aquaria species and which must not be imported under the DOF 8T licence. An updated indicative list of Schedule II species is attached at Appendix I to this letter and will be included with a revised version of the DOF 8T licence.

4. It is the responsibility of prospective importers and licence holders to ensure before imports are arranged that none of the categories of fish/shellfish or individual species listed in Schedule II are imported under the DOF 8T licence.

5. Importers and licence holders must also make every effort to ensure that no coldwater species capable of surviving in Great Britain's natural aquatic environment which are not currently listed in Schedule II are included in any consignments covered by a DOF 8T licence. In order to ensure that this requirement is observed, you are strongly advised to bring this letter to the attention of your suppliers/exporters. If you or they have any difficulty in determining whether any species currently included (or likely to be included in future) in consignments covered by a DOF 8T are capable of surviving in Great Britain’s natural aquatic environment you should refer the matter to the CEFAS Fish Health Inspectorate before importation takes place.

6. CEFAS will be pleased to provide advice on the eligibility of species to be imported under the DOF 8T licence. In order to limit scope for possible confusion such requests should be made in writing (including e-mail or fax) to Alasdair Scott at the Fish Health Inspectorate address below. CEFAS will also respond in writing.

7. CEFAS have placed the revised Schedule II list referred to in paragraph 3 above on their website www.efishbusiness.co.uk. The Schedule II list will be updated by CEFAS as and when we are satisfied, in the light scientific opinion, that other species which may currently be regarded as “tropical” should be reclassified as a coldwater species. The industry will be notified when changes are made to the Schedule II list. PLEASE NOTE that any updated Schedule II list will remain incomplete because other coldwater species are likely to be added to it from time to time as a result of ad-hoc enquiries from importers/licence holders.

8. This letter is designed to reinforce existing rules which make clear that only tropical aquaria fish or shellfish and their eggs and gametes, defined as species held in heated aquaria which cannot survive in the natural aquatic environment of Great Britain may be imported under the terms of a DOF 8T licence. Coldwater species (whether or not already identified as such by CEFAS) must not be imported under the DOF 8T licence. It is the responsibility of the licence holder to ensure that these requirements are strictly observed. (The rules governing the import of coldwater species are set out in the guidance referred to in paragraph 2.)

9. The State Veterinary Staff at BIPs have been advised to notify the FHI of any consignments of tropical aquaria fish which may contain coldwater species so that action can be taken to seize and dispose of any illegal consignments in accordance with the enforcement action outlined in Schedule I to the DOF 8T licence.

10. The import of coldwater species from the EU under the guise of tropical aquaria species is also illegal and similar action will be taken by the FHI on discovery of illegal consignments. (In December 2001 an ornamental fish importer was ordered to pay some £30,000 in fines and costs for breaches of import requirements and the rules relating to the keeping of non-native fish.) The FHI carry out investigations within the trade to detect any illegal imports of coldwater ornamentals from whatever source, including movements within the EU.

11. You should also be aware of the rules governing import of Genetically Modified Fish. The marketing of Genetically Modified fish and their release into UK waters is not permitted. Anyone wishing to import such fish for the ornamental trade would require a consent under European Directive 2001/18 on the deliberate release into the environment of Genetically Modified Organisms (GMOs). This Directive provides for proposed releases of GMOs to be considered very carefully on a case by case basis, underpinned by a detailed risk assessment. Further advice can be obtained from: Defra, Chemicals and GM Policy Division, Ashdown House, 123 Victoria Street, London SW1E 6DE. Telephone 020 7082 8122. Fax 020 7082 8123

12. Finally, ornamental fish often have a variety of common names and are traded under incorrect scientific descriptions. This can lead to confusion and action by the FHI to remove species from consignments because, for example, they either appear to be illegal imports or because the names given for them are not those of recognised species. In one case the import of red swamp crayfish (Procambarus clarkii) under the name Red Rockfish (Gasteromyzon sp.) appeared to be a deliberate attempt by an exporter to supply a species that could not be kept legally in GB. In other cases the import of the redclaw crayfish (Cherax quadricarinatus) under the incorrect name Blue lobster (Astacus fluviatilis) led to the seizure of crayfish that could have been imported legally. It is the responsibility of the import licence holder to ensure that all fish and shellfish destined for entry into GB are correctly described in documentation and imported strictly in accordance with national import requirements.

13. If you have any queries about this letter please contact the Fish Health Inspectorate, CEFAS Weymouth, Barrack Rd, The Nothe, Weymouth DT4 7RE, on 01305 206673/4, by FAX on 01305 206602 or by e-mail at Fish.Health.Inspectorate@cefas.co.uk.

D V MULLIN
Fisheries Division IIA

Appendix I
DOF 8T (Revised Schedule II)

Species which are not considered to be tropical aquaria fish or shellfish (indicative list only)

Heckel's dace Leucaspius delineatus

Laska nase Chondrostoma genei
Amur sucker (Chinese Lake Gudgeon) Sarcochilicthys sinensis
Stripeshoulder bitterling Rhodeus ocellatus

Giant bitterling Acheilognathus spp.
Stone loach Barbatulus (Noemacheilus) barbatulus

Chinese fine scaled weather loach Misgurnus mizolepis
Spined loach Cobitis taenia
Queen loach Leptobotia elongata
Loach Leptobotia guilinensis
Loach Botia supercilliaris
Loach Parabotia maculosa
Dragon catfish (Yellow catfish) Pelteobagrus fulvidraco
Amur Dragon Catfish P brashnkiowi
Small mouthed bass Micropterus dolomieu
Sticklebacks Gasterosteus (genus)
Shovel nose sturgeon Scaphirhynchus platorynchus
Darters Etheostoma spp
Pirate perch Aphredoderus sayanus
Sunfish Elassoma (except E. evergladeii)
Sunfish Enneacanthus (except E. chaetodon)
Sunfish Centrarchus macropterus
Sunfish Chaenobryttus gulosus
Mud minnows Umbra (genus)

Asp Aspius aspius
Barbel species temperate species of the genus (excluding tropical barbs)
Barbus (excluding the native Barbus barbus)
Bass species (including striped bass, white bass and their crosses) species of the genus Morone (e.g. hybrid striped bass) Big-head carp Aristichthys nobilis

Blacknose Dace Rhinichthys atratulus
Blageon Leuciscus souffia
Blue Sucker Cycleptus elongatus
Blue bream Abramis ballerus
Burbot Lota lota
Catfish Species of the genera Ictalurus Ameiurus and Silurus
Charr species (including species of the genus Salvelinus American Brook Trout)
Chinese black or snail-eating carp Mylopharyngodon piceus
Chinese Sucker also known as Zebra Hi Fin or banded shark/sucker Myxocyprinus asiaticus
Common White Sucker Catostomus commersoni
Danubian bleak Chalcalburnus chalcoides
Danubian Salmon and Taimen species of the genus Hucho
European bitterling Rhodeus sericeus/amarus
Eastern Mudminnow Umbra pygmaea
European Mudminnow Umbra krameri
Fat head/Roseyred minnow Pimephales promelas
Dragon fish (also known as Pale chub or Freshwater minnow) Zacco platypus
Grass carp Ctenopharyngodon idella
Landlocked salmon non-anadromous varieties of the species Salmo salar
Large-mouthed black bass Micropterus salmoides
Marbled trout Salmo marmoratus

Nase Chondrostoma nasus
French nase Chondrostoma toxostoma
Northern Redbelly Dace (common minnow) Phoxinus eos
Southern Redbelly Dace (common minnow) Phoxinus erythrogaster
Pacific salmon and trout (excluding rainbow trout but including steelheads) species of the genus Oncorhynchus
Paddlefish species of the genera Polyodon and Psephurus
Perch species species of the genus Perca
Pike-perch (including zander) species of the genus Sander (Stizostedion)
Pike species species of the genus Esox

Rock bass Ambloplites rupestris
Schneider Alburnoides bipunctatus
Shiners Notropis*

* includes shiners re-classified from Notropis into other
genera such as Cyprinella, Luxilis etc

Silver carp Hypophthalmichthys molitrix
Snakehead, Northern or Chinese Channa argus
Small-mouth bass Micropterus dolomieu

Sturgeon or sterlet species of the genera Acipenser, Huso, Pseudoscaphirhynchus and Scaphirhynchus
Sunbleak, also known as Sundace, Belica or Motherless Minnow Leucaspius delineatus
Sunfish (including Pumpkinseed, Lepomis (genus) Basses, crappies and bluegills)

Topmouth gudgeon (Clicker Barb) Pseudorasbora parva

Vimba Vimba vimba
Weatherfish Misgurnus fossilis
Whitefish species species of the genus Coregonus

Freshwater crayfish All species except Cherax quadricarinatus

PLEASE NOTE

Subject to certain exceptions coldwater species including those listed above, may only be imported into Great Britain under the authority of a DOF 8C licence, from farms or sites able to meet fish health requirements. The exceptions are live goldfish and koi carp, or some live species of fish and shellfish imported for human consumption, where different licensing requirements may apply (see the guidance referred to in paragraph 2 of the attached letter).

Following importation, anyone wishing to hold, keep or release any non-native fish of the species or genera listed above in bold print in England and Wales is required to be in possession of a licence under the Prohibition of Keeping or Release of Live Fish (Specified Species) Order 1998 as amended by SI 2003 No. 25 (ILFA), or the Prohibition of Keeping of Live Fish (Crayfish) Order 1996. Details of these requirements may be obtained from CEFAS at the contact address given in the attached letter.

Appendix II

SPECIES NOW REGARDED AS CAPABLE OF SURVIVING IN GREAT BRITAIN’S NATURAL AQUATIC ENVIRONMENT WHICH HAVE FORMED PART OF A CONSIGNMENT COVERED BY A DOF 8T LICENCE IN THE PAST

1. Some importers/licence holders have assumed that all fish on an availability list from a tropical aquaria fish supplier can be legally imported as tropical aquaria species. This is often not the case. Details of coldwater species (in addition to those listed in original version of the Schedule II list of the DOF 8T licence) known to have been imported as part of consignments described as tropical aquaria fish include:

Chinese sucker (or several other common names) Myxocyprinus asiaticus
Amur sucker Sarcochilicthys sinensis

Both species originate in the middle and headwaters of the Yangtse River where winter temperatures may be much lower than those experienced in British waters. A fish surviving in this environment would not meet our definition of a tropical aquarium species.

Crayfish Procambarus clarkii - the red-swamp crayfish (Red lobster)
Cherax destructor - the yabbie (Blue lobster)
Cherax tenuimanus - the marron (Blue lobster)
Cherax misolocus (Sic)
Procambarus alleni - Chinese crayfish (lobster)
Astacus leptodactylus - Turkish crayfish
Orconectes limosus – Spiny cheeked crayfish
Cherax lorentzi – blue lobster

The only crayfish we recognise as a tropical species is the redclaw Cherax quadricarinatus.

Bitterlings Rhodeus spp
Goldfish Carassius auratus

2. In addition to the above, the red shiner (Cyprinella lutrensis), also known as Rainbow dace, has been classified as a coldwater species under the Prohibition of Keeping and Release of Live Fish (Specified Species) Order 1998 (as amended). In the circumstances it may no longer be imported into England and Wales under the authority of a DOF 8T licence.

3. Attempts have been made to import Goldfish (a coldwater species) as part of tropical aquaria consignments from the Czech Republic where the fish disease Spring Viraemia of Carp (SVC) is prevalent. Such imports, apart from contravening licensing rules, could, if not intercepted, spread SVC rapidly through valuable fish stocks and threaten the livelihoods of a number of ornamental and fish farming businesses. Any site discovered with this disease would have to be cleared and disinfected before it could re-commence trade in live fish, and the owners could be liable for losses incurred by customers. There are currently no sites in Eastern Europe holding koi or goldfish that meet the high health status required to export these SVC susceptible fish to Great Britain.