Question on Tilapia

[Axl]

I was at Aussie Seafood House at Capalaba the other day getting myself some Mullet fillets for bait and I saw Tilapia in the display cabinet for sale, I am wondering how this fish can be sold in shops as it is illegal to have them in your possession whether alive or dead in QLD?

Quote from the department of agriculture and fisheries QLD site bellow:

"This fish is declared noxious in Queensland. It is unlawful to possess noxious fish alive or dead or to use them as bait. It is illegal to place or release noxious fish alive or dead into Queensland waterways. Penalties of up to $200,000 apply."

https://www.daf.qld.gov.au/fisheries...s-fish/tilapia

[aussiebasser]

If they have a paper trail to show they bought the fish from a licensed seller it is perfectly legal. The same if you buy it from them, if you get a receipt keep it.

[McKnight]

The same thing stands for stores selling undersized fish. As long as it is is over the size limit for the jurisdiction that it came from and there is a paper trail then it is fine.

[Triple]

If they have a paper trail to show they bought the fish from a licensed seller it is perfectly legal. The same if you buy it from them, if you get a receipt keep it.

From fisheries qld on facebook -

"Tilapia species found sold in shops are more often than not imported as a dead, frozen product from overseas.

The Mutual Recognition (Queensland) Act 1992 provides an exemption for the transport and sale interstate product which may not comply with our own States legislation (for example: size limits). This allows for and promotes trade between the different states and territories. If you suspect the fish may have been caught in Queensland, Fisheries Inspectors are able to inspect shops selling seafood and require the production of sales dockets to prove the origin of the fish. You can report this on the Fishwatch hotline - 1800 017 116."
....

But from what I can find online they are declared noxious in ALL states and territories in Australia and the The Mutual Recognition (Queensland) Act 1992 is for the transport and sale of interstate product that is legal in one australian state/territory into another state/ territory where it is not legal so if NO states or territories are allowed to import them due to being declared noxious, how does the mutual recognition act allow them into QLD stores?

[Axl]

From fisheries qld on facebook -

"Tilapia species found sold in shops are more often than not imported as a dead, frozen product from overseas.

The Mutual Recognition (Queensland) Act 1992 provides an exemption for the transport and sale interstate product which may not comply with our own States legislation (for example: size limits). This allows for and promotes trade between the different states and territories. If you suspect the fish may have been caught in Queensland, Fisheries Inspectors are able to inspect shops selling seafood and require the production of sales dockets to prove the origin of the fish. You can report this on the Fishwatch hotline - 1800 017 116."
....

But from what I can find online they are declared noxious in ALL states and territories in Australia and the The Mutual Recognition (Queensland) Act 1992 is for the transport and sale of interstate product that is legal in one australian state/territory into another state/ territory where it is not legal so if NO states or territories are allowed to import them due to being declared noxious, how does the mutual recognition act allow them into QLD stores?

Interesting, they are pests across the whole of Australia attracting fines if you are caught with them in your possession but we import them so they can be sold in seafood shops for people to eat.

[aussiebasser]

My answer is the exact answer that you will get from the Fisheries and Boating Patrol Officer. We had them attend a Stocking Group Meeting and the exact question was asked of them.

[Dan5]

I've seen it on fish and chip menus in Cairns......

Dan

[Axl]

I have often wondered what it tastes like, when we go up to Somerset Dam chasing Red Claw there are often several Tilapia caught and some of these are big fish. I have on many occasions considered ripping of a fillet and trying it but I never have as it would be just my luck for the fisheries to turn up and I would be stung with a whopping great fine.

[Triple]

The same thing stands for stores selling undersized fish. As long as it is is over the size limit for the jurisdiction that it came from and there is a paper trail then it is fine.

My answer is the exact answer that you will get from the Fisheries and Boating Patrol Officer. We had them attend a Stocking Group Meeting and the exact question was asked of them.

Undersized fish and declared noxious species are completely different kettle within the regs..
How are fish shops lawfully importing them when NO state/territory allows any importation of declared noxious species unless being bought with a specific permit and sold to another specific permit holder (ie: research etc).. But they are selling them to non "permit" holders at fish shops?
Their excuse with the mutual recognition act is invalid when you can't legally buy them from any other state or territory?

From their own info -
Queensland legislationLegislation relating to pest fish in Queensland is contained in the Fisheries Act 1994. The relevantsections are included under Part 5 of the Act (Fisheries management), specifically Division 5 (Noxiousand nonindigenous fisheries resources and aquaculture fish).In addition to this, the Fisheries Regulation 2008 also relates to the management of pest fish inQueensland under Schedule 6: Glossary of scientific names for particular fish other than regulatedcoral reef fin fish (Appendix A).Trainers: Check for the latest updates to legislation.Fisheries Act 1994Part 5 Fisheries ManagementDivision 5 Noxious and nonindigenous fisheries resources and aquaculture fish89 Noxious fisheries resources not to be possessed, released etc.A person must not unlawfully—(a) bring noxious fisheries resources, or cause noxious fisheries resources to be brought,into Queensland; or(b) possess, rear, sell or buy noxious fisheries resources; or(c) release noxious fisheries resources, or cause noxious fisheries resources to be placed orreleased, into Queensland waters.Maximum penalty—2000 penalty units.Schedule 6 of the Fisheries Regulation 2008 (Appendix A) provides a list of all fish classified asnoxious in Queensland.This section of the legislation means that it is illegal for someone to bring tilapia (and other fishclassified as noxious) into Queensland; possess, rear, sell or buy tilapia; or release tilapia into anyQueensland waters. The use of the term ‘fisheries resources’ means that these prohibitions relate totilapia whether they are dead or alive, as well as to pieces of the fish (e.g. a fillet or gut). Both the useof tilapia as bait for fishing and the consumption of tilapia are, therefore, prohibited.Important information!Legislation is updated on a regular basis. Please ensure you access the most current versions of legislationonline before interpreting them. This includes any legislation included in this package.40Module 3eciphering legal jargonThe maximum penalty that can be issued to someone found in breach of this section of thelegislation is $200 000, as outlined in the Penalties and Sentences Act 1992,

What should I do if I spot someone trying tosell tilapia (dead or alive) in Queensland?
You are not encouraged to approach the sellerabout the legal ramifications of their actions.Instead, you should report this sort of activityimmediately by contacting the DEEDI CustomerService Centre:Telephone: 13 25 23Email: pestfish@deedi.qld.gov.auWeb: and searchfor ‘report a pest fish sighting

Q Why is it illegal to sell or buy noxious fish in Queensland?A Trade adds value to a product. Therefore, if there were a trade for noxious fish in Queensland,people might wish to purposely stock them for profit.

So going off that daff are allowing value by letting fish shops sell them?

[Feral]

I have often wondered what it tastes like, when we go up to Somerset Dam chasing Red Claw there are often several Tilapia caught and some of these are big fish. I have on many occasions considered ripping of a fillet and trying it but I never have as it would be just my luck for the fisheries to turn up and I would be stung with a whopping great fine.

By far the best tasting freshwater fish you can catch here. But it is no pearl perch.
It has nice firm white flesh, good texture and taste.

[aussiebasser]

I'm sure Ray will email somebody and get an answer.

[StevenM]

The Aussie Seafood House jobs would have a sign that said imported from......blah blah.

it is legal to do so. Stupid rule huh

[breambandit]

Caught about 9 very large ones at Somerset dam at Easter many years ago, and ate everyone of them. Great tasting fish, with white flesh and chunky texture. Much better eating than any Yellowbelly or jew fish I caught from that dam.

Now!!! the law says, "This fish is declared noxious in Queensland". Yep no problems and well understood
"It is illegal to place or release noxious fish alive or dead into Queensland waterways" Yep understood they are trying to eradicate it from our waterways.

"It is unlawful to possess noxious fish alive or dead or to use them as bait"
So what do you do with them when sitting in the Tinny out in the middle of the dam and you hook one up faced with a law that says can't be in possession dead or alive, can't be released dead or alive, can't be used as bait? What do you do?

The law is a bit wishy washy in my opinion, so I bring them all back to shore to dispose in the wheelie bin where it can't find it's way back to the waterway. Fortunately I haven't caught any large specimens for many many years, otherwise I am sure it would find it's way to the pot. Why waste it, as it gets disposed thoroughly, by lots of hungry mouths at the camp.

[SUPERDAFF]

Correctomundo - the sign in the shop said: "Imported From Thailand".
The price was $9 a kg

The Aussie Seafood House jobs would have a sign that said imported from......blah blah.

it is legal to do so. Stupid rule huh

[snapperbasher]

Why would they need to import tilapia?.... There are so many other fish for people to eat and they import a declared noxious fish.... I smell something fishy..... Like a smoke screen to sell locally caught fish alongside minimum imported tilapia