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A guide to record keeping for exotic birds ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 A guide to record keeping for exotic birds

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Page 1: EnvironmEnt ProtEction and BiodivErsity …environment.gov.au/.../files/keeping-guide.pdfEnvironmEnt ProtEction and BiodivErsity consErvation act ... Record keeping – getting started

A guide to record keeping for exotic birds �

EnvironmEnt ProtEction and

BiodivErsity consErvation act 1999

A guide to record keeping for exotic birds

Page 2: EnvironmEnt ProtEction and BiodivErsity …environment.gov.au/.../files/keeping-guide.pdfEnvironmEnt ProtEction and BiodivErsity consErvation act ... Record keeping – getting started

Contents

Introduction .........................................................3

Buyer beware .................................................3

Why keep records? .............................................3

Who should keep records? .................................4

High Interest Birds – class � species ...............4

Low Interest Birds – class 2 and 3 species .....4

Unclassified species .......................................5

Keeping records ..................................................5

�. Activity Records ..........................................5

2. Movement Transaction Records ..................6

Where will I get Activity Records and Movement Transaction Records? ........................7

Record keeping – getting started ........................7

Primary documentation ...................................8

Supporting documentation .............................8

Individual identification of birds ............................9

Falsified records ................................................�0

State and territory requirements ........................�0

Further information ............................................��

© Commonwealth of Australia, 2007

Published by the Australian Government Department of the Environment, Water, Heritage and the Arts GPO Box 787, Canberra ACT 260� Australia Email: [email protected] • Phone: �800 720 466

Images © Australian Government Department of the Environment, Water, Heritage and the Arts (and associated photographers). Greensinger © Cheryl Mares.

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A guide to record keeping for exotic birds 3

n Introduction

If you keep exotic birds there are some important things you need to know.

The Australian Government is promoting a new record keeping scheme to help exotic bird keepers in Australia minimise the risk of acquiring illegally traded birds, and to reduce disease and pest risk in Australia from illegally imported birds.

If you keep exotic birds it is your responsibility to ensure that you comply with Australian Government and relevant state or territory legislation. The Australian Government legislation regulates international wildlife trade and helps to protect Australia’s environment. Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), it is your responsibility to be able to prove that any exotic bird you hold is legal. The easiest way to do this is to keep records of where you got the bird and evidence of its legitimate origin.

The new record keeping scheme has been developed through consultation with exotic bird keepers in Australia to help bird keepers maintain adequate records showing where they have obtained exotic birds they hold.

Buyer beware

When buying exotic birds, be proactive about seeking all available information – ask questions of the seller and ask to see, or get copies of, the necessary paperwork to verify the bird’s origin. If you buy an illegal bird it becomes your illegal bird.

n Why keep records?

The Australian Government encourages standard record keeping to:

• help bird keepers prove the source of their bird(s)

• help reduce illegal trade

• reduce the risk of exotic diseases spread by illegal international wildlife trade and

• protect Australia’s native wildlife from introduced pests and disease.

By adopting standard record keeping practices, bird keepers will help protect aviculture in Australia.

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4 A guide to record keeping for exotic birds

n Who should keep records?

For the purpose of record keeping, exotic birds have been assessed into:

• High Interest Birds

– Class � species (high risk of illegal trade with associated high disease risk and generally high pest potential)

• Low Interest Birds

– Class 2 species (lower illegal trade and disease risk, generally low pest risk)

– Class 3 species (in commercial use outside aviculture i.e. poultry, already established as pests or extremely common in aviculture).

A full list of species in each class is available from the Department’s web site. See the 2007 Inventory of exotic (non-native) bird species known to be in Australia at: www.environment.gov.au/biodiversity/trade-use/exoticbirds or by contacting the Department (see further information on page ��).

High Interest birds – class 1 species

Under the new record keeping scheme, records should be kept for class � species.

For class � species you should:

• permanently individually identify your birds

• maintain an activity record book

• complete movement transaction records (MTRs) for each transaction or movement of birds or eggs, and

• return copies of your MTRs and activity records to the Department.

Low Interest birds – class 2 and 3 species

Under the scheme, species in classes 2 and 3 have been assessed as lower risk to Australia, and therefore are of less interest to authorities.

However, despite the fact that species in classes 2 and 3 are of lower interest, illegal activity may still occur. Bird keepers may therefore decide it is in their interests to keep records for these species.

If you keep and/or breed rare mutations and species with low numbers in Australia record keeping is encouraged. This is because there is a risk of illegal international trade in such specimens and such trade brings diseases.

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A guide to record keeping for exotic birds 5

If you plan to buy rare mutations, ask the seller for a completed and signed MTR. There is no need to return MTRs or other records to the Department for Low Interest birds.

Record keeping will assist keepers of Low Interest birds who need to show documentation supporting the source of a bird.

Under the scheme, class 3 species are species that are already established as pests, or are in commercial use outside aviculture (such as poultry), or are extremely common species in aviculture.

Unclassified species

Species that have not been classified on the 2007 Inventory of exotic (non-native) bird species known to be in Australia as either class �, 2 or 3, are considered illegal by the Department. The Department will consider the classification of such species on a case-by-case basis. Bird keepers will need to provide the Department with supporting information detailing their bird keeping history for that particular unclassified species. The provision of such information does not automatically mean that the species will be accepted for classification by the Department.

The introduction of the standard record keeping scheme will help reduce uncertainty about the future of exotic bird keeping in Australia and increase confidence about the source of birds and eggs being traded. Additionally, record keeping will help you respond to any compliance queries from the Department and other regulatory agencies. Using standard record forms does not make a specimen legal. It is up to the bird keeper to ensure that there are adequate supporting documents.

n Keeping records

1. Activity records

Activity records should be completed for class � species (birds and eggs) and are optional for class 2 and 3 species.

• Activity records are progressive records of specimens you receive and sell, as well as birds bred and birds deceased

• Individual class � birds should have identification details recorded

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6 A guide to record keeping for exotic birds

• At any given time, the number of birds listed in your activity record should match the number of birds held on your premises

• You will need to sign and date each page of your activity record as you complete it, and

• It is your responsibility to ensure your records are kept up to date.

Class 1 species – activity records should be updated regularly and copies submitted annually to the Department. Annual activity records begin on � July each year and end on 30 June the following year. Records are to be sent to the Department by 3� July each year. Draw a line beneath the last entry for each species prior to returning a copy of each page to the Department.

Class 2 and 3 species – activity records are optional. You may choose to keep activity records for class 2 and 3 species, but do not return these to the Department.

2. Movement transaction records

Movement transaction records provide information about the source of birds and/or eggs and are provided by the seller to the buyer.

In addition to providing a paper trail that can be verified with activity records, MTRs will help protect the interests of people who trade in class � species or rarer class 2 birds or mutations.

When receiving MTRs you will need to verify that the details on the form are correct. For example, you should check the seller’s details against a driver’s licence and ask for copies of relevant records. Note that an MTR is not proof of a specimen’s legitimate origin. The buyer should ensure necessary supporting documentation is available.

Documentation that would help verify the origin of a bird is outlined below under ‘Record keeping – getting started’. The buyer should ask to see, or get copies of, any appropriate documentation to assure them of the origin of the birds. The buyer should also ask appropriate questions to ensure they are satisfied with the validity of the documentation.

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A guide to record keeping for exotic birds 7

Class 1 species – an MTR should be used for any movement of a specimen to another person including for sale, gift, loan, share arrangement or other transaction. The buyer and seller each keep a completed and signed copy of the MTR and the buyer should provide a copy to the Department within one month of the transaction.

Class 2 and 3 species – use of a standard MTR is optional. It is in the interests of bird keepers or brokers, particularly those trading rarer species and rare mutations, to use them. MTRs for Low Interest species should be kept by each party but not returned to the Department.

n Where will I get Activity Records and Movement Transaction Records?

Class 1 species – sequentially numbered activity record books and MTR books can be ordered from the Department free of charge.

After commencing record keeping, to obtain subsequent activity record books and MTR books you will need to have provided the Department with your returns to verify that you require another book.

Class 2 and 3 species – activity record and MTR forms for use in class 2 and 3 species transactions are available on the Department’s web site or can be requested by contacting the Department (see further information). These will be provided free of charge.

n Record keeping – getting started

�. Make a list of all the exotic birds you have

2. Divide your list into class �, 2 or 3 species (for classification details see See the 2007 Inventory of exotic (non-native) bird species known to be in Australia at: www.environment.gov.au/biodiversity/trade-use/exoticbirds)

3. Compile all the documentation you have for each bird, especially class � species, in a way that you can keep and refer to if necessary.

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8 A guide to record keeping for exotic birds

The lists below provide a guide to the types of documentation that would be considered by the Department to help verify the source of a bird.

Primary documentation

• An EPBC Act Live Import Permit (or a live import permit issued under previous legislation)

• National Exotic Bird Registration Scheme (NEBRS) records identifying the source of the bird(s)

• Verifiable documentation identifying the seller of the birds, including their name and address details

• A receipt from the seller showing: the name and address of seller; the name and address of buyer; individual identification of the bird; and the signature of both the seller and buyer.

Supporting documentation

• Individual identification of the bird (e.g. sexing certificate with date)

• Transaction details (e.g. cheque butt, printed receipt from online banking transaction)

• A statutory declaration identifying the seller and the seller’s details

• A copy of the original advertisement with the seller’s contact details

• A statutory declaration identifying relevant NEBRS records or import permits

• State records relating to the keeping of specimens or transactions within Australia (e.g. a state import or export permit).

If you are asked to provide information about your exotic birds by the Department, the quality of supporting documentation will also be considered. The Department will also take into account:

• previous records under NEBRS

• the status of the bird keeper (pet owner, hobbyist, commercial enterprise and non-commercial organisation)

• the numbers of birds and/or eggs involved in individual transactions

• the value and availability of birds and/or eggs held or involved in a transaction

• evidence the bird keeper has been using a current record keeping system

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A guide to record keeping for exotic birds 9

• level of information available to verify the breeding success and parentage

• reliable information that the bird keeper is suspected of illegal activity, and

• any other relevant information.

The level of documentation a person can provide will be assessed against whether they are a pet owner, hobbyist or commercial operator. The greater a person’s involvement in exotic bird keeping and breeding, the more documentation they would be expected to have and routinely maintain. It is the Department’s policy that persons suspected of being knowingly involved in illegal activities will be investigated for compliance action which may include prosecution.

n Individual identification of birds

One of the key factors in the record keeping scheme is that each specimen (bird or egg) be individually identified. The method for individual identification of each specimen is up to the owner but should reflect accepted aviculture approaches to marking birds and eggs, taking account of the size of birds and any risks to the welfare of the bird.

The guide Marking and individual identification of exotic birds for record keeping purposes has been developed to help you choose appropriate methods for individually identifying the species you keep. This guide is available on the Department’s web site at: www.environment.gov.au/biodiversity/trade-use/exoticbirds.

Class 1 species (birds) – permanent individual marking and identification of each specimen recorded in an activity record and in an MTR when traded.

Class 1 species (eggs) – individual identification information needs to be recorded on an MTR if they are moved from your premises e.g. sent to a hand-raiser. This would need to be recorded in both your and the hand raiser’s activity record books.

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�0 A guide to record keeping for exotic birds

Class 2 and 3 species (birds) – people who hold class 2 and 3 species may choose to mark and identify them individually. Many bird keepers are already doing this. People who keep class 2 birds which are in low numbers in Australia or who own rare mutations of class 2 birds should consider using a method to permanently identify each bird individually.

n Falsified records

It is in your interest to ensure that the records you keep are true and accurate. If you are investigated by the Department your records will be checked with other available information. Investigations may include genetic analysis.

If you have any doubts about the paperwork issued to you, or the quality of the records the seller maintains, it is in your best interests to verify the information before acquiring specimens.

n State and territory requirements

States and territories have different laws controlling the keeping of exotic birds. If you are trading birds interstate, you need to be aware of these requirements. Further information is available from the following state and territory web sites:

ACT www.environment.act.gov.au

NSW www.nationalparks.nsw.gov.au

NT www.nt.gov.au/nreta/parks

QLD www.epa.qld.gov.au

SA www.environment.sa.gov.au

TAS www.dpiw.tas.gov.au

VIC www.dse.vic.gov.au/dse

WA www.agric.wa.gov.au

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A guide to record keeping for exotic birds ��

n Further informationInformation about Australia’s exotic bird keeping laws and the new record keeping scheme is available from:

The Department of the Environment, Water, Heritage and the Arts

Web www.environment.gov.au/biodiversity/trade-use/exoticbirds

Email [email protected]

Mail GPO Box 787, Canberra ACT 260�

Freecall �800 720 466

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www.environment.gov.au